Suspends certain provisions relating to petitions for incorporation of a village until July 1, 2023; directs the department of state to conduct a study on the existing laws and regulations regarding the incorporation, merger, and dissolution of municipalities for the purpose of making recommendations of amendments to such laws.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1019
SPONSOR: Abinanti TITLE OF BILL:
An act to amend the village law, in relation to incorporation of
villages; relating to directing a municipal re-organization study; and
providing for the repeal of such provisions upon the expiration thereof
PURPOSE:
To freeze incorporations of any new villages in New York State while a
study is conducted to assess existing laws and regulations on the incor-
poration, merger, and dissolution of towns and villages and to come up
with recommendations for improvements to the process.
SUMMARY OF PROVISIONS:
Section 1 of the bill suspends the statutory authorization for town
supervisors to render a final determination on the legal sufficiency of
any petition for incorporation submitted under Article 2 of the Village
Law until July 1, 2021.
Section 2 of the bill mandates that the Department of State conduct a
Municipal re-organization study. This is a study on the existing laws
and regulations regarding the incorporation, merger, and dissolution of
municipalities for the purpose of making recommendations of amendments
to said laws or regulations in order to better serve the needs of resi-
dents. For the purpose of this study, municipality shall mean towns and
villages, only.
The study shall focus on the causes and consequences of the incorpo-
ration, merger, and dissolution of municipalities. When examining caus-
es, the department shall consider how often the process to dissolve,
merge, or incorporate a municipality is initiated and either succeeds or
fails, and the fiscal, economic, social and demographic conditions of
the populations of municipalities where the process to merge, dissolve,
or incorporate were initiated. When examining the consequences, the
department shall consider the effects to property taxes and municipal
revenue including effects to local governments collocated with the
affected municipalities and the effect on the delivery of public
services to the residents of the municipalities.
The department shall consult with the office of the state comptroller,
associations representing towns and villages, and local elected offi-
cials, when considering and developing the recommendations of amendments
to existing laws and regulations.
The department shall within one year of the enactment of this act submit
a report of the findings, conclusions and recommendation of amendments
from the study to the Governor, the Speaker of the Assembly, the Tempo-
rary President of the Senate, the chairs of the Senate Finance Committee
and the Assembly Ways and Means Committee, and the Chairs of the Senate
and Assembly Local Governments committees. Section 3 is the effective
date.
JUSTIFICATION:
This bill is designed to institute a comprehensive review of current
laws and regulations related to the formation of new political subdivi-
sions in New York State. The review commissioned by this bill shall
assess the frequency of the creation of new municipal subdivisions, and
whether the current process has resulted in any undue impacts on local
governments, school districts, commercial development, business, and
taxpayers. During the commission of this study, the formation of new
political subdivisions will be temporarily frozen so as to allow poli-
cy-makers to analyze findings and consider policy recommendations to
best determine whether modifications need to be made to the existing
incorporation process, if any.
LEGISLATIVE HISTORY:
2019-20: A8411 referred to local governments, same as S6473 (Gaughran)
referred to local government
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that 26
section one of this act shall apply to any petitions for incorporation
submitted pursuant to section 2-202 of the village law and currently
pending without final disposition on or after January 1, 2021; and
provided, further, that this act shall expire and be deemed repealed on
and after July 1, 2023.
STATE OF NEW YORK
________________________________________________________________________
1019
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the village law, in relation to incorporation of
villages; relating to directing a municipal re-organization study; and
providing for the repeal of such provisions upon the expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2-208 of the village law is amended by adding a new
2 subdivision 4 to read as follows:
3 4. The provisions contained in this section shall be suspended until
4 July 1, 2023.
5 § 2. Municipal re-organization study. 1. The department of state is
6 hereby authorized and directed to conduct a study on the existing laws
7 and regulations regarding the incorporation, merger, and dissolution of
8 municipalities for the purpose of making recommendations of amendments
9 to said laws or regulations in order to better serve the needs of resi-
10 dents. For the purpose of this study, municipality shall mean towns and
11 villages.
12 2. The study shall focus on the causes and consequences of the incor-
13 poration, merger, and dissolution of municipalities. (a) When examining
14 causes, the department shall consider, but not be limited to (i) examin-
15 ing how often the process to dissolve, merge, or incorporate a munici-
16 pality is initiated and either succeeds or fails, (ii) the fiscal and
17 economic conditions present in municipalities where a process to merge
18 or dissolve was initiated, and the fiscal and economic conditions of the
19 areas of existing municipalities where the process to incorporate part
20 of them into a new municipality was initiated, (iii) the social and
21 demographic conditions of the populations of municipalities where the
22 process to merge, dissolve, or incorporate a new municipality was initi-
23 ated, including how any difference between populations affected the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01774-01-1
A. 1019 2
1 initiation of the process to incorporate, merge, or dissolve a munici-
2 pality.
3 (b) When examining the consequences, the department of state shall
4 consider, but not be limited to (i) examining the effects to property
5 taxes and municipal revenue from successful incorporations, mergers, or
6 dissolutions of municipalities, including effects on local governments
7 collocated with the affected municipalities, including school districts,
8 library districts, sewer districts, and any other special taxing
9 districts, (ii) the effect on the delivery of public services to the
10 residents of the municipalities affected by incorporations, mergers, or
11 dissolutions of municipalities, and (iii) the effects on the economic
12 conditions of the municipalities affected by an incorporation, merger,
13 or dissolution of a municipality.
14 3. To the maximum extent feasible, the department of state shall be
15 entitled to request and receive and shall utilize and be provided with
16 such facilities, resources and data of any department, division, board,
17 bureau, commission or agency of the state as it may reasonably request
18 to properly carry out its responsibilities pursuant to this act.
19 4. The department of state shall consult with the office of the state
20 comptroller, associations representing towns and villages, and local
21 elected officials, when considering and developing the recommendations
22 of amendments to existing laws and regulations governing the incorpo-
23 ration, merger, and dissolution of municipalities.
24 5. The department of state shall within one year of the effective date
25 of this act submit a report of the findings, conclusions and recommenda-
26 tion of amendments from the study to the governor, the speaker of the
27 assembly, the temporary president of the senate, the chairs of the
28 senate finance committee and the assembly ways and means committee, and
29 the chairs of the senate and assembly local government committees.
30 § 3. This act shall take effect immediately; provided, however, that
31 section one of this act shall apply to any petitions for incorporation
32 submitted pursuant to section 2-202 of the village law and currently
33 pending without final disposition on or after January 1, 2021; and
34 provided, further, that this act shall expire and be deemed repealed on
35 and after July 1, 2023.
