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A01019 Summary:

BILL NOA01019
 
SAME ASSAME AS S01314
 
SPONSORAbinanti
 
COSPNSR
 
MLTSPNSR
 
Amd §2-208, Vil L
 
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.
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A01019 Actions:

BILL NOA01019
 
01/07/2021referred to local governments
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A01019 Memo:

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.
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A01019 Text:



 
                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.
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