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S07861 Summary:

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S07861 Committee Votes:

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S07861 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7861--A
 
                    IN SENATE
 
                                      March 5, 2018
                                       ___________
 
        Introduced  by  Sen.  LARKIN -- 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 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.
                                                                   LBD13405-10-8
        S. 7861--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.