STATE OF NEW YORK
________________________________________________________________________
9969--A
IN ASSEMBLY
March 2, 2018
___________
Introduced by M. of A. SKOUFIS, BRABENEC -- read once and referred to
the Committee on Local Governments -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT in relation to the formation of and elections in new towns
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. The provisions of this act shall apply to any new town
2 created pursuant to the division of a town into two or more towns pursu-
3 ant to article 5 of the town law as adopted by the qualified electors at
4 a biennial town election held November 7, 2017.
5 2. For the purposes of this act "new town" shall refer to a town
6 created pursuant to the division of any existing town by a proposition
7 adopted at a biennial town election held November 7, 2017.
8 § 2. 1. Notwithstanding section 80 and subdivision 2 of section 74 of
9 the town law, the election of town officers for the new town shall be
10 held on the Tuesday next succeeding the first Monday in November 2018.
11 2. Notwithstanding section 24 of the town law, all elective officers
12 other than town councilmen, town justices and the receiver of taxes and
13 assessments shall hold their respective offices for 1 year. The terms of
14 office of town councilmen shall be 1 year each for 2 town councilmen and
15 3 years each for 2 town councilmen. The term of office of the receiver
16 of taxes and assessments shall be 3 years. The term of each town officer
17 elected to office in November 2018 shall commence January 1, 2019. The
18 terms of town officers elected for a 1 year term shall expire December
19 31, 2019 and the terms of officers elected for a 3 year term shall
20 expire December 31, 2021, unless otherwise provided for in law.
21 § 3. Notwithstanding section 80 of the town law, the election held
22 pursuant to section two of this act shall be deemed the first biennial
23 town election for the new town, for the purposes of:
24 1. the effective date for the purposes of exercise of governmental
25 functions pursuant to subdivision 2 of section 74 of the town law;
26 2. the disposition of property pursuant to section 75 of the town law;
27 3. the apportionment of debts pursuant to section 76 of the town law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
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A. 9969--A 2
1 4. the meetings of town boards pursuant to section 77 of the town law;
2 and,
3 5. the right of action upon failure of towns to agree upon the dispo-
4 sition of assets and debts pursuant to section 78 of the town law.
5 § 4. Pursuant to subdivision 1 of section three of this act and subdi-
6 vision 2 of section 74 of the town law, the new town shall be effective
7 for the purposes of the exercise of governmental functions January 1,
8 2019.
9 § 5. By January 31, 2019, the town board of the new town shall meet to
10 adopt a final budget for the new town's fiscal year 2019 with the same
11 force and effect as though prepared and adopted pursuant to article 8 of
12 the town law. Such budget shall be adopted in accordance with article 8
13 of town law to the extent practicable, provided, however, the budget
14 adopted by the new town shall be in the form and contain such informa-
15 tion as required by section 107 of the town law, and, provided further,
16 the new town shall not be required to hold a public hearing as required
17 in section 108 of the town law.
18 § 6. 1. Biennial town elections to be held after January 1, 2019 in
19 the new town shall be held every odd-numbered year pursuant to section
20 80 of the town law.
21 2. The terms of office for elective officers of the new town elected
22 after January 1, 2019 shall be as provided for pursuant to section 24 of
23 the town law.
24 3. In the event that the entire territory of the new town shall become
25 coterminous with a village and a proposition submitted to the voters
26 pursuant to article 17 of the village law has resulted in favor of the
27 local government operating principally as a village, provisions of arti-
28 cle 17 of the village law shall supersede subdivisions one and two of
29 this section.
30 § 7. This act shall take effect immediately.
