S T A T E   O F   N E W   Y O R K
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                                  2787

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law and the village law,  in  relation
  to coterminous municipalities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (ii) of  paragraph  p  of  subdivision  10  of
section  54  of  the state finance law, as amended by chapter 435 of the
laws of 2012, is amended to read as follows:
  (ii) Within the annual amounts appropriated therefor, surviving  muni-
cipalities  following  a  consolidation  or  dissolution occurring on or
after the state fiscal year commencing April first, two thousand  seven,
AND  ANY  NEW COTERMINOUS TOWN-VILLAGE ESTABLISHED AFTER JULY FIRST, TWO
THOUSAND TWELVE THAT OPERATES PRINCIPALLY AS A TOWN OR AS A VILLAGE  BUT
NOT  AS  BOTH  A  TOWN AND A VILLAGE, shall be awarded additional annual
aid, starting in the state fiscal year following the state  fiscal  year
in which such [consolidation or dissolution] REORGANIZATION took effect,
equal  to  fifteen percent of the combined amount of real property taxes
levied by all of the municipalities participating in the  [consolidation
or  dissolution]  REORGANIZATION  in  the local fiscal year prior to the
local fiscal year in which such [consolidation or dissolution]  REORGAN-
IZATION  took  effect.  In  instances  of  the  dissolution of a village
located in more than one town, such additional aid shall equal  the  sum
of  fifteen percent of the real property taxes levied by such village in
the village fiscal year prior to the village fiscal year in  which  such
dissolution  took  effect  plus fifteen percent of the average amount of
real property taxes levied by the towns in which the village was located
in the town fiscal year prior to the town  fiscal  year  in  which  such
dissolution  took effect, and shall be divided among such towns based on
the percentage of such village's population that resided  in  each  such
town  as  of  the most recent federal decennial census. In no case shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04303-01-3
              

S. 2787                             2

the additional  aid  pursuant  to  this  paragraph  exceed  one  million
dollars.  Such additional aid shall be apportioned and paid to the chief
fiscal officer of each eligible  municipality  on  or  before  September
twenty-fifth  of each such state fiscal year on audit and warrant of the
state comptroller out of moneys appropriated by the legislature for such
purpose to the credit of the local assistance fund. [For the purposes of
being eligible for a citizen empowerment tax credit, in addition to  any
other municipality which is eligible, a town shall be deemed the surviv-
ing  municipality  in the case of a town and village existing as of July
first, two thousand twelve, which thereafter, but not  before,  share  a
coterminous boundary.  In the case of a town which qualifies for a citi-
zen empowerment tax credit as a result of sharing a coterminous boundary
with  a  village, the secretary of state is authorized to make rules and
regulations to implement the  tax  credit  in  circumstances  where  the
secretary  determines  such coterminous nature will result in savings to
taxpayers.]
  S 2. Clause 2 of subparagraph (i) of paragraph q of subdivision 10  of
section  54  of  the state finance law, as amended by chapter 435 of the
laws of 2012, is amended to read as follows:
  (2) For the purposes of this paragraph, "local government re-organiza-
tion" shall mean the consolidation or dissolution of a local  government
entity  in  accordance with article seventeen-A of the general municipal
law [or the making of the boundaries of a town and village  existing  on
July  first,  two  thousand  twelve  coterminous in a manner which would
qualify the town for a citizen empowerment tax credit] OR THE ESTABLISH-
MENT OF A NEW COTERMINOUS TOWN-VILLAGE THAT OPERATES  PRINCIPALLY  AS  A
TOWN OR AS A VILLAGE BUT NOT AS BOTH A TOWN AND A VILLAGE.
  S  3. Section 17-1700 of the village law, as amended by chapter 960 of
the laws of 1977, is amended to read as follows:
  S 17-1700 Application. This article shall apply to any  village  which
has been or may hereafter be incorporated to embrace the entire territo-
ry  of a town, TO ANY VILLAGE WHICH HAS ANNEXED OR MAY HEREINAFTER ANNEX
TERRITORY TO EMBRACE THE ENTIRE TERRITORY OF A TOWN,  and  to  any  town
which  has  been  or may hereafter be created to be coterminous with any
village.
  S 4. Subdivision 1 of section 17-1702 of the village law,  as  amended
by chapter 960 of the laws of 1977, is amended to read as follows:
  1.  The  boundaries  of  a  village  incorporated OR WHICH HAS ANNEXED
TERRITORY to embrace the entire territory of a town, shall be deemed  to
embrace  the  entire territory of such town as such territory may there-
after be extended, diminished or altered pursuant to law.  Whenever  the
territory  of  any  other  village  to  which  this  article  applies is
extended, diminished or altered pursuant to law, other than  by  consol-
idation,  then  the territory of the town which is coterminous with such
village shall be deemed to be correspondingly  extended,  diminished  or
altered.
  S  5. Subdivision 1 of section 17-1703 of the village law, as added by
chapter 355 of the laws of 1975, is amended to read as follows:
  1. Upon the filing of the certificate of incorporation of each  [such]
village WHICH HAS BEEN INCORPORATED TO EMBRACE THE ENTIRE TERRITORY OF A
TOWN in the office of the clerk of the town, the town board of such town
shall  constitute  the  interim board of trustees of the village for all
purposes and the supervisor of such town shall be the interim  mayor  of
such  village  for all purposes until the first election in such village
of a board of trustees and mayor. Upon the qualification and  filing  of
the oath of office by the mayor and trustees elected in accordance here-

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with,  the holding of the office, ex officio, of mayor or trustee by any
town officer shall terminate.
  S 6. Subdivisions 1 and 2 and the opening paragraphs of subdivisions 3
and  4  of section 17-1703-a of the village law, as added by chapter 960
of the laws of 1977, are amended to read as follows:
  1. In any village as to which a town is created to be coterminous with
such village, AND IN ANY VILLAGE WHICH AFTER JULY  FIRST,  TWO  THOUSAND
TWELVE  ANNEXES  TERRITORY  TO  EMBRACE  THE ENTIRE TERRITORY OF A TOWN,
there shall be submitted to the voters in such village at  the  November
general  election  next  preceding the effective date of the creation of
such town OR ANNEXATION OF SUCH TERRITORY,  a  proposition  as  follows:
"Shall  the local government of      operate PRINCIPALLY AS A VILLAGE or
PRINCIPALLY AS A TOWN?" Such proposition shall be presented so that  the
choice to be indicated by the voter shall be either "VILLAGE" or "TOWN".
IN ANY VILLAGE WHICH ANNEXED TERRITORY PRIOR TO JULY FIRST, TWO THOUSAND
TWELVE  TO EMBRACE THE ENTIRE AREA OF A TOWN, THE BOARD OF TRUSTEES MAY,
UPON ITS OWN MOTION, SUBMIT SUCH A PROPOSITION TO  THE  VOTERS  OF  SUCH
VILLAGE AT THE NEXT SUCCEEDING NOVEMBER GENERAL ELECTION.
  2.  Upon  the  effective  date of the creation of the town COTERMINOUS
WITH A VILLAGE, the mayor and the board  of  trustees  of  such  village
shall  constitute  respectively the interim supervisor and town board of
such town for all  purposes  until  their  successors  shall  have  been
elected and commenced their terms of office as hereinbelow provided for.
All  other  elected  and  appointed  village  officers  shall constitute
respectively and corresponding interim officers of such town until their
respective successors shall have been elected or appointed, as the  case
may  be, and commenced their terms of office as hereinbelow provided for
or as otherwise regularly provided by law.
  In any case in which the proposition provided for in  subdivision  one
of  this  section  shall  have resulted in favor of the local government
operating principally as a  village,  the  holders  of  village  offices
shall,  from and after the effective date of the creation of the town OR
ANNEXATION OF SUCH TERRITORY, by virtue thereof also hold town  offices,
as follows:
  In  any  case in which the proposition provided for in subdivision one
of this section shall have resulted in favor  of  the  local  government
operating  principally  as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year.  The term of
office of each other elected  village  office  shall  also  end  at  the
conclusion  of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town councilmen and two town justices shall  be  filled
by  election  as  hereinafter  provided at the November general election
next following the effective date of the creation of such town OR  ANNE-
XATION  OF  SUCH  TERRITORY; all other town offices shall be appointive.
The election of the supervisor, councilmen and  justices  shall  be  for
terms of office as follows:
  S 7. Subdivision 1 of section 17-1714 of the village law is amended to
read as follows:
  1.  For  the  purpose of enabling such villages to procure federal aid
under the provisions of the national  industrial  recovery  act  in  the
establishment  of  hospitals, the board of trustees of any village which
has been or may hereafter be incorporated OR WHICH HAS ANNEXED TERRITORY
to embrace the entire territory of a town, and which is  adjacent  to  a
city  or  town  in which a hospital is maintained by a duly incorporated

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membership corporation, may acquire by gift or purchase title  to  lands
in  such city or town in trust for hospital purposes. If such land is to
be acquired by gift, the acquisition shall be subject  to  a  permissive
referendum  or  if such land is to be acquired by purchase, the acquisi-
tion shall be subject to a permissive referendum if it  is  to  be  paid
from taxes levied for the fiscal year in which such expenditure is made.
The board may construct and maintain on such land suitable buildings and
equip  the same for hospital purposes and, from time to time, enter into
one or more agreements with such membership hospital corporation for the
control and operation thereof, and such board of trustees may accept  on
such  terms  as  the president of the United States shall prescribe, any
grants made by him pursuant to  the  provisions  of  the  said  national
industrial  recovery  act in aid of the establishment of the said hospi-
tal.
  S 8. Section 17-1735 of the village law, as added by chapter 18 of the
laws of 1977, is amended to read as follows:
  S 17-1735 Town legislation to carry over. Notwithstanding any  general
or  special  law  to  the  contrary in any village which has been or may
hereafter be incorporated to embrace the entire territory of a town, AND
IN ANY VILLAGE WHICH HAS ANNEXED TERRITORY TO EMBRACE THE ENTIRE  TERRI-
TORY OF A TOWN, all local laws, ordinances, resolutions, rules and regu-
lations  in  effect  in  such  town,  on the date of incorporation shall
remain in effect in such  village,  and  such  local  laws,  ordinances,
resolutions,  rules  and regulations may be amended from time to time by
the town board, and such amendments shall be in effect in such  village,
and  new  local laws, ordinances, resolutions, rules and regulations may
be enacted from time to time by the town board and shall be in effect in
such village, as if the same had been duly adopted by the board of trus-
tees provided, however, that such local laws,  ordinances,  resolutions,
rules  and regulations shall cease to be in effect in the village or any
part thereof when so determined  by  duly  enacted  village  local  law,
resolution,  rule  or regulation as may be appropriate, or when replaced
by duly enacted village local law, resolution, rule or regulation cover-
ing the same subject matter.  Any such local  laws,  ordinances,  resol-
utions,  rules or regulations, and any local laws, resolutions, rules or
regulations enacted  by  any  such  village,  may  be  administered  and
enforced by either such town or such village.
  S 9. This act shall take effect immediately.