S05793 Summary:

BILL NOS05793A
 
SAME ASSAME AS A07997
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Amd §§2-202, 2-204, 2-206, 2-208, 2-212, 2-214, 2-216, 2-218 & 2-226, Vil L
 
Relates to incorporation of villages; requires a showing that incorporation is in the overall public interest.
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S05793 Actions:

BILL NOS05793A
 
05/15/2019REFERRED TO LOCAL GOVERNMENT
05/20/2019AMEND AND RECOMMIT TO LOCAL GOVERNMENT
05/20/2019PRINT NUMBER 5793A
05/29/20191ST REPORT CAL.944
05/30/20192ND REPORT CAL.
06/03/2019ADVANCED TO THIRD READING
06/20/2019COMMITTED TO RULES
01/08/2020REFERRED TO LOCAL GOVERNMENT
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S05793 Committee Votes:

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S05793 Floor Votes:

There are no votes for this bill in this legislative session.
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S05793 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5793--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2019
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the village law, in relation  to  the  requirements  for
          village incorporation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph b of  subdivision  1  of  section  2-202  of  the
     2  village  law  is amended by adding two new subparagraphs 7 and 8 to read
     3  as follows:
     4    (7) An allegation that such proposed incorporation is in  the  overall
     5  public  interest of each of the following: (i) the territory petitioning
     6  to be incorporated, (ii) any remaining area of  the  town  or  towns  in
     7  which  such  territory  is  located, and (iii) any school district, fire
     8  district, fire protection district, or town improvement district located
     9  wholly or partly within such territory.
    10    (8) An allegation that such proposed incorporation is consistent  with
    11  and  would  not  substantially  impair  the achievement of the goals and
    12  objectives set forth in the adopted comprehensive or master plan enacted
    13  by the town or towns located within the territory  pursuant  to  section
    14  two hundred seventy-two-a of the town law.
    15    §  2.  Section  2-204  of the village law, as amended by section 25 of
    16  part X of chapter 62 of the laws of 2003, is amended to read as follows:
    17    § 2-204 Notice of hearing. Within twenty days after the filing of such
    18  petition or copies thereof, each supervisor with whom  same  were  filed
    19  shall  cause  to  be  posted  in five public places in that part of such
    20  territory located in his or her town, and also to be posted in at  least
    21  five  public  places  in the remaining territory of such town, including
    22  other incorporated villages also located in such town, and  also  to  be
    23  published  at  least  twice  in  the  newspaper or newspapers designated
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11669-04-9

        S. 5793--A                          2
 
     1  pursuant to subdivision eleven of section sixty-four of the town law,  a
     2  joint  notice  of all such supervisors: that a petition for the incorpo-
     3  ration of the village of (naming it) has been received; that at a  place
     4  in such territory and on a day, not less than twenty nor more than thir-
     5  ty  days  after  the  date  of the posting and first publication of such
     6  notice, which date and place shall be specified therein, a hearing  will
     7  be  had  upon  such  petition;  that such petition will be available for
     8  public inspection in the office of each town clerk  until  the  date  of
     9  such  hearing;  that the purpose of the hearing is to consider the legal
    10  sufficiency of the petition; that objections to the legal sufficiency of
    11  the petition must be in writing and signed by one or more of  the  resi-
    12  dents  of  such  town;  and that any group of persons having one or more
    13  objections in common may make designation in writing and signed by  them
    14  of at least one but no more than three persons giving the full names and
    15  addresses  on  whom  and  at  which  addresses all papers required to be
    16  served in connection with the  proceeding  for  incorporation  shall  be
    17  served.  A majority of such designees must reside in such town or towns.
    18  In the absence of any other suitable place, such hearing shall  be  held
    19  in  a school building, if any, located in such territory. If such terri-
    20  tory is located in more than one town the hearing shall be  noticed  and
    21  publicized  as  a  joint  hearing of all such towns. For the purposes of
    22  this section, in the event that the town maintains a website, one of the
    23  posting requirements required by this section may be fulfilled by  post-
    24  ing such information on the town's website.
    25    §  3. Paragraph g of subdivision 1 of section 2-206 of the village law
    26  is amended to read as follows:
    27    g. That such petition does not contain the required allegations as set
    28  forth in subparagraphs seven and eight of paragraph b of subdivision one
    29  of section 2-202 of this article, or if the allegations are included  in
    30  such  petition,  that  such  allegations  are not supported by available
    31  evidence; or
    32    h. That the petition in any other specified respect does  not  conform
    33  to the requirements of this article.
    34    § 4. Section 2-208 of the village law is amended to read as follows:
    35    §  2-208  Decision  as to legal sufficiency of petition. 1. Within ten
    36  days after such hearing  is  concluded  the  supervisor  or  supervisors
    37  jointly  shall determine whether the petition complies with the require-
    38  ments of this article and jointly shall make and sign a decision accord-
    39  ingly. If such supervisors cannot agree, the decision shall be deemed to
    40  be adverse to the petition. If the decision be adverse to the  petition,
    41  the decision shall contain a brief statement of the reasons on which the
    42  adverse  decision  is  based  or  the reasons on which the supervisor or
    43  supervisors deciding adversely to the petition were unable to join in  a
    44  unanimous  decision  sustaining  the petition. Provided, however, if the
    45  adverse decision is predicated on an  'overall  interest'  determination
    46  pursuant  to  subparagraph  seven  of  paragraph b of subdivision one of
    47  section 2-202 of this article, the  decision  must  contain  a  detailed
    48  explanation that includes, but is not limited to, how such incorporation
    49  would  substantially  impair  such  town's comprehensive or master plan,
    50  established pursuant to section two hundred seventy-two-a  of  the  town
    51  law,  or  enacted  zoning laws established by such town or towns located
    52  within the territory.
    53    2. The original of the decision, copies of the notice of  the  hearing
    54  together  with  affidavits  of  posting and publishing same, the written
    55  objections and the minutes of proceedings taken on the hearing including
    56  signed testimony shall be filed by such supervisor or supervisors within

        S. 5793--A                          3
 
     1  fifteen days after the hearing is concluded, with the town clerk of  the
     2  same  town  in which the original copy of the petition was filed. Dupli-
     3  cate copies of the said papers shall be filed with the  town  clerks  of
     4  all other towns in which any part of such territory is located.
     5    3. If no proceeding be instituted to review such decision within thir-
     6  ty  days  after  such  filing of the original copy thereof, the decision
     7  shall be final and conclusive. In the event that the decision is adverse
     8  to the petition, a new proceeding for  incorporation  may  be  commenced
     9  immediately;  provided,  however,  in  the  event an adverse decision is
    10  based on an 'overall interest' determination  pursuant  to  subparagraph
    11  seven  of paragraph b of subdivision one of  section 2-202 of this arti-
    12  cle, the decision shall not be final and conclusive  until  ratified  by
    13  residents  qualified  to vote for town offices of a town in which all or
    14  part of such territory of the proposed  village  is  located  consistent
    15  with subdivision two of section 2-212 of this article.
    16    §  5.  Section  2-212  of  the  village law is amended by adding a new
    17  subdivision 2 to read as follows:
    18    2. A determination pursuant to subparagraph seven of  paragraph  b  of
    19  subdivision  one  of section 2-202 of this article shall be submitted to
    20  the residents qualified to vote for town offices of a town in which  all
    21  or  part  of such territory of the proposed village is located at either
    22  the following town-wide election,  or  general  election,  whichever  is
    23  sooner.  In  the  event no town-wide or general election is scheduled to
    24  take place within one hundred twenty days from the date of  the  adverse
    25  decision,  the  town  shall  schedule an election to decide the incorpo-
    26  ration of the proposed village within one hundred twenty days  from  the
    27  date of the adverse decision.
    28    §  6.  Section  2-214  of the village law, as amended by section 26 of
    29  part X of chapter 62 of the laws of 2003, is amended to read as follows:
    30    § 2-214 Notice of election. Within ten days  after  the  right  to  an
    31  election is complete the town clerk of each town in which any portion of
    32  such territory is located shall cause to be posted in five public places
    33  in  that  part of such territory located in such town, and for elections
    34  held pursuant to subdivision two of section 2-212 of this article,  also
    35  posted in at least five public places in the remaining territory of such
    36  town,  including  any  other incorporated villages located in such town,
    37  and also to be published at least twice in the newspaper  or  newspapers
    38  designated  pursuant  to subdivision eleven of section sixty-four of the
    39  town law, a joint notice by the clerks of  all  such  towns  that  at  a
    40  convenient place in such territory, between the hours of [twelve o'clock
    41  noon]  six o'clock in the morning and nine o'clock in the evening and on
    42  a day not less than twenty nor more than thirty days after the  date  of
    43  the  posting and first publication, which date and place or places shall
    44  be specified therein, an election will be held to determine whether  the
    45  proposed  village  of (naming it) shall be incorporated.  There shall be
    46  at least one polling location for each ten  thousand  qualified  voters.
    47  Such  election  shall  not  be  held on a day of a town election or of a
    48  general election in a town in  which  any  part  of  such  territory  is
    49  located,  unless  such  election  is held pursuant to subdivision two of
    50  section 2-212 of this article. For the purposes of this section, in  the
    51  event that the town maintains a website, one of the posting requirements
    52  required by this section may be fulfilled by posting such information on
    53  the town's website.
    54    § 7. Section 2-216 of the village law is amended to read as follows:
    55    §  2-216  Qualification  of  voters.   Each resident in such territory
    56  qualified to vote for town officers may vote at such election; provided,

        S. 5793--A                          4
 
     1  however, that for elections held pursuant to subdivision two of  section
     2  2-212  of this article, all residents qualified to vote for town offices
     3  in a town in which all or part of such territory of the proposed village
     4  is located may vote.
     5    §  8. Subdivisions 1 and 3 of section 2-218 of the village law, subdi-
     6  vision 3 as amended by section 27 of part X of chapter 62 of the laws of
     7  2003, are amended to read as follows:
     8    1. Preparation. It shall be the duty of the  clerk  of  each  town  in
     9  which a portion of such [teritory] territory is located to make and file
    10  in his or her office, at least ten days before such election an accurate
    11  list  of  voters,  alphabetically arranged, who are qualified to vote at
    12  such election. Such list shall be  copied  from  the  registration  poll
    13  records  for  the last preceding general election, and shall be modified
    14  in accordance with whatever information  the  town  clerk  may  have  or
    15  receive from the board of elections.
    16    3. Notice of availability of list for inspection and additions. Within
    17  ten  days  after  the right to an election is complete the town clerk of
    18  each town in which any portion of such territory is located shall  cause
    19  to  be  posted  in  five  public  places  in that part of such territory
    20  located in such town, and for elections held pursuant to subdivision two
    21  of section 2-212 of this article, also be posted in at least five public
    22  places in the remaining territory of such town, including other incorpo-
    23  rated villages also located in such town, and also to  be  published  at
    24  least twice in the newspaper or newspapers designated pursuant to subdi-
    25  vision  eleven  of  section sixty-four of the town law, a notice: that a
    26  registration list of voters qualified to vote at such election  will  be
    27  available  for  inspection  in  his  or  her office between the hours of
    28  twelve o'clock noon and nine o'clock in the evening on a  day  specified
    29  therein  which  day shall not be on a Sunday and shall be at least three
    30  days prior to such election; that at said time and place said list  will
    31  be  available  for  inspection by the public; and also that at said time
    32  and place persons claiming to be qualified  to  vote  at  such  election
    33  whose  names  are  not  on  such  list  may, upon presentation of proper
    34  proofs, have their  names  added  thereto.  For  the  purposes  of  this
    35  section,  in  the  event  that  the town maintains a website, one of the
    36  posting requirements required by this subdivision may  be  fulfilled  by
    37  posting such information on the town's website.
    38    § 9. Section 2-226 of the village law is amended to read as follows:
    39    §  2-226  Notice of proceeding for review of election. A person insti-
    40  tuting a proceeding under section 2-224 of this article  shall  serve  a
    41  copy  of the verified petition on which same is to be heard on each town
    42  clerk with whom the original or a copy of the  certificate  of  election
    43  was  filed  and  also  upon  each  person designated in the petition for
    44  incorporation, or designated in written objections to said petition,  to
    45  receive service of papers in connection with the proceeding for incorpo-
    46  ration.  In addition the person instituting such proceedings shall cause
    47  copies  of such petition to be posted in five conspicuous places in such
    48  territory, and for elections held pursuant to subdivision two of section
    49  2-212 of this article, also be  posted  in  at  least  five  conspicuous
    50  public  places  in the remaining territory of such town, including other
    51  incorporated villages also located in such town.
    52    § 10. This act shall take effect immediately and shall  apply  to  all
    53  petitions  to form a new village for which a decision as to legal suffi-
    54  ciency has not yet been made. A petition to form a new village that  has
    55  been  submitted prior to the effective date of this act shall be amended
    56  by the filers of said petition to include the  required  allegations  as

        S. 5793--A                          5
 
     1  set  forth  in  subparagraphs 7 and 8 of paragraph b of subdivision 1 of
     2  section 2-202 of the village law, as added by section one of  this  act,
     3  prior to the review of the legal sufficiency of the petition by the town
     4  supervisor  or  supervisors  of  the town or towns in which the proposed
     5  village is located.
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