S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8272--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by  M. of A. WOERNER, JONES, GALEF, THIELE, SIMON, ABINANTI,
   MAGNARELLI, L. ROSENTHAL,  BARRETT,  GRIFFIN,  McDONALD,  ENGLEBRIGHT,
   GOTTFRIED,  GLICK,  STIRPE,  BRONSON,  ROZIC, DINOWITZ, STECK, KELLES,
   O'DONNELL, LAWLER, SMITH, LUNSFORD -- read once and  referred  to  the
   Committee  on Local Governments -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general city law, the  general  municipal  law,  the
   public  authorities  law,  the real property law, the town law and the
   village law, in relation to replacing all instances of the words coun-
   cilman or councilmen with the words council member or council members
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3 of the general city law, as amended by chapter
 946 of the laws of 1964, is amended to read as follows:
   § 3. Members of common council; appointments to  other  city  offices.
 No member of the common council of any city shall, during the period for
 which  [he  was]  THEY  WERE  elected,  be  capable of holding under the
 appointment or election of the common council any office the  emoluments
 of  which  are  paid  from the city treasury, or paid by fees or compen-
 sation directed to be paid by any act or ordinance of the  common  coun-
 cil,  but  this section shall not affect the right to any fees or emolu-
 ments belonging to any office,  provided,  however,  that  in  any  city
 having  a  city manager or council-manager form of government in which a
 mayor and vice-mayor may be elected or appointed from the membership  of
 its  council,  such  mayor and vice-mayor may, in addition to the emolu-
 ments received as [councilman] COUNCIL MEMBER, receive compensation  for
 their  services from the city treasury as mayor and vice-mayor. An offi-
 cer of any city who violates any provision  of  this  section  shall  be
 guilty  of  a  misdemeanor  and on conviction thereof [his] THEIR office
 shall be vacant.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11989-02-1
              

 A. 8272--A                          2
 
   § 2. Subdivision 2 of section 88-a of the general  municipal  law,  as
 separately  amended  by  chapters  166  and  603 of the laws of 1979, is
 amended to read as follows:
   2.  In cities such board shall consist of the mayor, corporation coun-
 sel and such [councilmen] COUNCIL MEMBERS as may be  designated  by  the
 council and in counties such board shall consist of the [chairman] CHAIR
 of  the board of supervisors and such members thereof as shall be chosen
 by the board. In towns such board shall consist of the  town  supervisor
 and  such  members as the town council shall designate. In villages such
 board shall consist of the mayor and members designated by the board  of
 trustees. In school districts, such board shall consist of the president
 of the board of education and such members thereof as shall be chosen by
 the  board  of education. In boards of cooperative educational services,
 such board shall consist of the president of the  board  of  cooperative
 educational  services and such members thereof as shall be chosen by the
 board of cooperative educational services.
   § 3. Section 572 of the general municipal law, as amended  by  chapter
 805 of the laws of 1964, is amended to read as follows:
   §  572.  Binghamton  urban  renewal  agency. A municipal urban renewal
 agency, to be known as the Binghamton urban renewal  agency,  is  hereby
 established  for the accomplishment of any or all of the purposes speci-
 fied in articles fifteen and fifteen-A of this chapter and in accordance
 with article eighteen of the constitution of the state of New  York.  It
 shall  constitute a body corporate and politic, be perpetual in duration
 and consist of seven members including the mayor, the  comptroller,  the
 corporation counsel, city engineer, commissioner of public works and two
 members of the council of the city of Binghamton, provided however, that
 not  more  than one of such [councilmen] COUNCIL MEMBERS shall be of the
 same political party. It shall have the powers and duties now  or  here-
 after  conferred  by  article  fifteen-A  of this chapter upon municipal
 renewal agencies. It shall be organized in the manner prescribed by  and
 be  subject  to  the provisions of article fifteen-A of this chapter and
 the agency, its members, officers and employees and its  operations  and
 activities  shall  in all respects be governed by the provisions of such
 article.
   § 4. Section 581 of the general municipal law, as added by chapter 196
 of the laws of 1969, is amended to read as follows:
   § 581. Rochester urban renewal agency. A municipal urban renewal agen-
 cy, to be known as the Rochester urban renewal agency, is hereby  estab-
 lished for the accomplishment of any or all of the purposes specified in
 articles  fifteen  and  [fifteen-a]  FIFTEEN-A  of  this  chapter and in
 accordance with article eighteen of the constitution of the state of New
 York. It shall constitute a body corporate and politic, be perpetual  in
 duration  and  consist  of  the nine [councilmen] COUNCIL MEMBERS of the
 city of Rochester, including the mayor who shall  be  [chairman]  CHAIR.
 It  shall have the powers and duties now or hereafter conferred by arti-
 cle [fifteen-a] FIFTEEN-A of this chapter upon municipal  urban  renewal
 agencies.  It  shall  be  organized  in  the manner prescribed by and be
 subject to the provisions of article [fifteen-a] FIFTEEN-A of this chap-
 ter and the agency, its members, officers and employees  and  its  oper-
 ations  and  activities  shall  in  all  respects  be  governed  by  the
 provisions of such article.
   § 5. Section 593 of the general municipal law, as amended  by  chapter
 351 of the laws of 1965, is amended to read as follows:
   §  593.  Niagara Falls urban renewal agency. A municipal urban renewal
 agency, to be known as the Niagara Falls urban renewal agency, is hereby

 A. 8272--A                          3
 
 established for the accomplishment of any or all of the purposes  speci-
 fied in articles fifteen and fifteen-A of this chapter and in accordance
 with  article  eighteen of the constitution of the state of New York. It
 shall  constitute  a  body  corporate and politic, shall be perpetual in
 duration, and shall consist of the mayor and  all  of  the  [councilmen]
 COUNCIL MEMBERS of the city of Niagara Falls, together with four members
 to  be  appointed  by the mayor with the concurring approval of the city
 council. It shall have the powers and duties now or hereafter  conferred
 by article fifteen-A of this chapter upon municipal renewal agencies. It
 shall  be  organized  in  the manner prescribed by and be subject to the
 provisions of article fifteen-A of this  chapter  and  the  agency,  its
 members,  officers  and  employees  and of its operations and activities
 shall in all respects be governed by the provisions of such article.
   § 6. Section 616 of the general municipal law, as added by chapter 433
 of the laws of 1965, is amended to read as follows:
   § 616. Utica urban renewal agency. An  urban  renewal  agency,  to  be
 known  as  the Utica urban renewal agency, is hereby established for the
 accomplishment of any or all  of  the  purposes  specified  in  articles
 fifteen  and  fifteen-A  of  the  chapter and in accordance with article
 eighteen of the constitution of the state of New York. It shall  consti-
 tute a body, corporate and politic, be perpetual in duration and consist
 of  seven  members,  including the mayor, who shall be [chairman] CHAIR,
 the city engineer, the [chairman] CHAIR of the city planning board,  all
 of  whose  terms  shall  expire  with the term of the mayor, two citizen
 electors, appointed by and to serve at the pleasure of the mayor and two
 members of the common council, appointed by the council, who  shall  not
 be  of  the  same political party and each of whom shall serve until the
 expiration of [his] THEIR term of office as [councilman] COUNCIL MEMBER.
 The treasurer of the agency shall be the comptroller who shall not be  a
 member  of  the agency. It shall have the powers and duties now or here-
 after covered by  article  fifteen-A  of  this  chapter  upon  municipal
 renewal agencies.  It shall be organized in the manner prescribed by and
 be  subject  to  the provisions of article fifteen-A of this chapter and
 the agency, its members, officers and employees and its  operations  and
 activities  shall  in  all respects be covered by the provisions of such
 article.
   § 7. Section 629 of the general municipal law, as added by chapter  56
 of the laws of 1966, is amended to read as follows:
   §  629.  Elmira  urban  renewal agency. An urban renewal agency, to be
 known as the Elmira urban renewal agency, is hereby established for  the
 accomplishment  of  any  or  all  of  the purposes specified in articles
 fifteen and fifteen-A of this chapter and  in  accordance  with  article
 eighteen  of the constitution of the state of New York. It shall consti-
 tute a body corporate and politic, be perpetual in duration and  consist
 of  the mayor, the six [councilmen] COUNCIL MEMBERS and the city manager
 in an ex-officio capacity. It shall have the powers and  duties  now  or
 hereafter  conferred by article fifteen-A of this chapter upon municipal
 renewal agencies. It shall be organized in the manner prescribed by  and
 subject  to  the provisions of article fifteen-A of this chapter and the
 agency, its members, officers  and  employees  and  its  operations  and
 activities  shall  in  all respects be covered by the provisions of such
 article.
   § 8. Section 654 of the general municipal law, as amended  by  chapter
 573 of the laws of 1977, is amended to read as follows:
   §  654.  Huntington community development agency. A community develop-
 ment agency, to be known as the Huntington community development agency,

 A. 8272--A                          4
 
 is hereby established for the  accomplishment  of  any  or  all  of  the
 purposes specified in articles fifteen and fifteen-A of this chapter and
 in  accordance with article eighteen of the constitution of the state of
 New York. It shall constitute a body corporate and politic, be perpetual
 in  duration  and consist of five members, including the supervisor, who
 shall be its [chairman] CHAIR, and the four  town  [councilmen]  COUNCIL
 MEMBERS,  or  their  respective  successors in office. It shall have the
 powers and duties now or hereafter conferred  by  article  fifteen-A  of
 this  chapter  upon municipal renewal agencies. It shall be organized in
 the manner prescribed by and be subject to  the  provisions  of  article
 fifteen-A  of  this  chapter  and  the agency, its members, officers and
 employees and its operations and activities shall  in  all  respects  be
 governed by the provisions of such article.
   §  9.  Section 680-c of the general municipal law, as added by chapter
 480 of the laws of 1982, is amended to read as follows:
   § 680-c. Town of Riverhead community development agency. For the bene-
 fit of the town of Riverhead and the inhabitants  thereof,  a  community
 development  agency,  to  be  known  as  the TOWN OF RIVERHEAD COMMUNITY
 DEVELOPMENT AGENCY, is hereby established for the accomplishment of  any
 or  all  of  the purposes specified in articles fifteen and fifteen-A of
 this chapter. It shall constitute a body corporate and politic,  and  be
 perpetual  in duration. It shall have the powers and duties now or here-
 after conferred by articles fifteen and fifteen-A of this  chapter  upon
 community  development  agencies  and  provided that the exercise of the
 powers by such agency with respect to the acquisition of  real  property
 whether  by purchase, condemnation or otherwise, shall be limited to the
 corporate limits of the town of Riverhead, and such  agency  shall  take
 into  consideration the local zoning and planning regulations as well as
 the regional and local comprehensive land use plans. It shall be  organ-
 ized in a manner prescribed by and be subject to the provisions of arti-
 cles fifteen and fifteen-A of this chapter. Its members shall consist of
 the  supervisor  of  the  town of Riverhead, who shall be its [chairman]
 CHAIR and the four [councilmen] COUNCIL MEMBERS of the  town  of  River-
 head. The agency, its members, officers and employees and its operations
 and  activities  shall  in all respects be governed by the provisions of
 articles fifteen and fifteen-A of this chapter.
   § 10. Subdivision 1 of section 1120-c of the public  authorities  law,
 as  amended  by  chapter  564 of the laws of 1999, is amended to read as
 follows:
   1. A public corporation to be known as the Clifton Park water authori-
 ty, is hereby created for the  public  purposes  and  charged  with  the
 duties and having the powers provided in this title. The authority shall
 be  a  body  corporate  and politic constituting a public benefit corpo-
 ration, the objects of which in the judgment of the  legislature  cannot
 be  attained  under  general  laws. The authority shall be governed by a
 board of five members, who shall be residents of  the  town  of  Clifton
 Park  and be appointed by the Clifton Park town board. The first members
 shall be appointed for the following  terms  of  office:  the  two  most
 junior  [councilmen  or  councilwomen] COUNCIL MEMBERS on the town board
 shall each appoint one member for a term ending on December thirty-first
 of the third year following the year in  which  this  title  shall  have
 become  law;  the other two [councilmen or councilwomen] COUNCIL MEMBERS
 on the town board shall each appoint one member for  a  term  ending  on
 December  thirty-first  of  the  fourth year following the year in which
 this title shall have become law; and the town supervisor shall  appoint
 a  member  for  a term ending on December thirty-first of the fifth year

 A. 8272--A                          5
 
 following the year in which this title shall have become law. No elected
 officials shall be members of the water authority.  Subsequent  appoint-
 ments  of members shall be made by a vote of the majority of the members
 of the town board for a term of five years ending in each case on Decem-
 ber  thirty-first  of  the  last  year  of  such term. All members shall
 continue to hold office until their successors are appointed and  quali-
 fy.  In  no event shall more than three members belong to the same poli-
 tical party. Vacancies shall be filled in the manner provided for subse-
 quent appointments. Vacancies, occurring otherwise than by expiration of
 term of office, shall be filled for the unexpired terms. Members may  be
 removed  from  office for the same reasons and in the same manner as may
 be provided by law for the removal of officers of the town.  They  shall
 receive  no  reimbursement  for the ordinary expenses of attending meet-
 ings, but may by resolution of the authority be allowed  their  expenses
 of a special or extraordinary nature.
   §  11.  Subdivision  3  of  section  298  of the real property law, as
 amended by chapter 978 of the laws  of  1957,  is  amended  to  read  as
 follows:
   3.  Before  a  justice of the peace, town [councilman] COUNCIL MEMBER,
 village police justice or a judge of any court of inferior local  juris-
 diction, anywhere within the county containing the town, village or city
 in which [he is] THEY ARE authorized to perform official duties.
   §  12.  Subdivision  1  of  section  310  of the real property law, as
 amended by chapter 978 of the laws  of  1957,  is  amended  to  read  as
 follows:
   1.  When a certificate of acknowledgment or proof is made, within this
 state, by a commissioner of deeds, a justice of the peace,  town  [coun-
 cilman]  COUNCIL MEMBER, village police justice, or a judge of any court
 of inferior local jurisdiction, such certificate does  not  entitle  the
 conveyance  so acknowledged or proved to be read in evidence or recorded
 in any county of this state except a county in which the officer  making
 such  certificate  is  authorized to act at the time of making the same,
 unless such certificate is authenticated by a certificate of  the  clerk
 of  such  county;  provided, however, that all certificates of [acknowl-
 ledgment] ACKNOWLEDGMENT or proof, made by a commissioner  of  deeds  of
 the city of New York residing in any part therein, shall be authenticat-
 ed  by  the  clerk  of any county within said city, in whose office such
 commissioner of deeds shall have filed a certificate under the hand  and
 seal of the city clerk of said city, showing the appointment and term of
 office of such commissioner; and no other certificates shall be required
 from any other officer to entitle such conveyance to be read in evidence
 or recorded in any county of this state.
   §  13.  Subparagraphs 1, 2 and 3 of paragraph (b) of subdivision 2 and
 subdivision 6 of section 11 of the town law, as amended by  chapter  738
 of the laws of 1960, are amended to read as follows:
   (1)  In a town which has two justices of the peace and two town [coun-
 cilmen] COUNCIL MEMBERS and the term of one  of  such  justices  of  the
 peace  and  one  of  such  town  [councilmen] COUNCIL MEMBERS expires on
 December thirty-first following such election, one justice of the  peace
 for  a  term  of  four  years, two town [councilmen] COUNCIL MEMBERS for
 terms of four years each, and one town [councilman] COUNCIL MEMBER for a
 term of two years;
   (2) In a town which has two justices of the peace and two town  [coun-
 cilmen]  COUNCIL MEMBERS and the term of office of both such justices of
 the peace expires on December thirty-first following such election,  two

 A. 8272--A                          6

 justices  of the peace for terms of four years each, and two town [coun-
 cilmen] COUNCIL MEMBERS for terms of four years each;
   (3)  In a town which has two justices of the peace and two town [coun-
 cilmen] COUNCIL MEMBERS and the term of office of both such town  [coun-
 cilmen]  COUNCIL MEMBERS expires on December thirty-first following such
 election, two town [councilmen] COUNCIL MEMBERS for terms of four  years
 each,  and  two town [councilmen] COUNCIL MEMBERS for terms of two years
 each.
   6. Town board. On and after the effective date of the change of  clas-
 sification  of such town, the supervisor and the town [councilmen] COUN-
 CIL MEMBERS shall constitute the town board  thereof.  Such  town  board
 shall  have  all  the  powers and be subject to all the duties of a town
 board of a town of the first class.
   § 14. Paragraph (b) of subdivision 4 and subdivision 8 of  section  12
 of  the  town  law, paragraph (b) of subdivision 4 as amended by chapter
 185 of the laws of 1957 and subdivision 8 as added by chapter 85 of  the
 laws of 1942, are amended to read as follows:
   (b)  In addition to the officers specified in the preceding paragraph,
 there shall also be elected at such biennial town  election  in  a  town
 which  has  four  or more justices of the peace but no town [councilman]
 COUNCIL MEMBER on the first  day  of  July  immediately  preceding  such
 election:  one  justice  of the peace for a term of four years, two town
 [councilmen] COUNCIL MEMBERS for terms of four years each, and two  town
 [councilmen] COUNCIL MEMBERS for terms of two years each.
   Any  such  town which on the first day of July preceding said biennial
 town election has three justices of the peace and one town  [councilman]
 COUNCIL  MEMBER,  shall elect at said biennial town election one justice
 of the peace for a term of four years,  two  town  [councilmen]  COUNCIL
 MEMBERS  for  terms of four years each and one town [councilman] COUNCIL
 MEMBER for a term of two years, in addition to the officers specified in
 paragraph (a) of this subdivision.
   Any such town which on the first day of July preceding  said  biennial
 town  election  has  two justices of the peace and two town [councilmen]
 COUNCIL MEMBERS and the term of one of such justices of the peace and of
 one of such town [councilmen] COUNCIL MEMBERS expires on December  thir-
 ty-first  following  such  election,  shall  elect  at such election one
 justice of the peace for a term of four  years,  two  town  [councilmen]
 COUNCIL  MEMBERS  for terms of four years each and one town [councilman]
 COUNCIL MEMBER for a term of two years,  in  addition  to  the  officers
 specified in paragraph (a) of this subdivision.
   Any  such  town which on the first day of July preceding said biennial
 town election has two justices of the peace and  two  town  [councilmen]
 COUNCIL  MEMBERS  and  the  term  of office of both such justices of the
 peace expires on December thirty-first following  such  election,  shall
 elect at such election two justices of the peace for terms of four years
 each  and  two town [councilmen] COUNCIL MEMBERS for terms of four years
 each, in addition to the officers specified in  paragraph  (a)  of  this
 subdivision.
   Any  such  town which on the first day of July preceding said biennial
 town election has two justices of the peace and  two  town  [councilmen]
 COUNCIL  MEMBERS  and  the term of office of both such town [councilmen]
 COUNCIL  MEMBERS  expires  on  December  thirty-first   following   such
 election,  shall  elect  at  such election two town [councilmen] COUNCIL
 MEMBERS for terms of four years each and two town  [councilmen]  COUNCIL
 MEMBERS  for terms of two years each, in addition to the officers speci-
 fied in paragraph (a) of this subdivision.

 A. 8272--A                          7
 
   8. Town board. On and after the effective date of the change of  clas-
 sification  of such town, the supervisor and the town [councilmen] COUN-
 CIL MEMBERS shall constitute the town board  thereof.  Such  town  board
 shall  have  all  the  powers and be subject to all the duties of a town
 board of a town of the first class.
   §  15. Paragraphs (b) and (c) of subdivision 1, and subdivisions 5 and
 5-a of section 20 of the town law, paragraph (b)  of  subdivision  1  as
 amended by chapter 688 of the laws of 2002, paragraph (c) of subdivision
 1 as added by chapter 558 of the laws of 1963, subdivision 5 as added by
 chapter  751 of the laws of 1933 and subdivision 5-a as added by chapter
 703 of the laws of 1972, are amended to read as follows:
   (b) Except as otherwise provided by law,  every  town  of  the  second
 class  shall  have  a  supervisor,  two  justices of the peace, two town
 [councilmen] COUNCIL MEMBERS, a town clerk,  a  town  superintendent  of
 highways,  three assessors, a collector, and, if there be no town police
 department, as many constables as the town board  may  determine  neces-
 sary. In any such town in which a town police department has been estab-
 lished  pursuant  to  law, the town board may appoint not more than four
 civil officers who shall possess all the powers and duties of constables
 in civil actions and proceedings only, except that the town board of the
 town of Southold, county of Suffolk, may appoint four additional consta-
 bles, who shall possess all the powers and duties of constables in civil
 and criminal actions and proceedings, solely for the benefit of  Fishers
 Island  located  in  such  town; provided, however, that nothing in this
 paragraph shall be deemed to authorize such constables to carry,  repair
 or  dispose  of  a  firearm unless the appropriate license therefore has
 been issued pursuant to section 400.00 of the penal law;  and  shall  be
 paid  no  salary  by the town board but shall be entitled to collect the
 statutory fees allowed by law in such  civil  actions  and  proceedings.
 Every town of the second class may have in addition such other employees
 as  the town board may determine necessary for the proper conduct of the
 affairs of the town. The supervisor, justices of the peace, town  [coun-
 cilmen]  COUNCIL  MEMBERS,  town clerk, town superintendent of highways,
 assessors and collector in every such town shall be elected.  All  other
 town  officers  and  employees  in such a town shall be appointed by the
 town board, except as otherwise provided by law. Provided, however, that
 in a town having less than three hundred inhabitants  according  to  the
 latest  federal  census  and having a taxable property valuation of less
 than one hundred thousand dollars according  to  the  latest  assessment
 roll, there shall be elected one justice of the peace for a term of four
 years and one assessor for a term of two years, but no town [councilman]
 COUNCIL  MEMBER.  Successors  to such officers shall be elected for like
 terms at the biennial town election prior to  the  expiration  of  their
 terms  of office. The clerk of the court of a town shall be employed and
 discharged from employment only upon the advice and consent of the  town
 justice or justices.
   (c)  Notwithstanding  the provisions of this section or the provisions
 of any other general or special law, in the town  of  Smithtown  in  the
 county of Suffolk, a proposition calling for the abolition of the office
 of  justice  of the peace within such town, as authorized by chapter two
 hundred seventy-eight of the laws of nineteen  hundred  fifty-eight,  as
 amended  by chapter eight hundred eleven of the laws of nineteen hundred
 sixty-two, constituting the Suffolk county charter, having been  submit-
 ted  to  the electors of such town at the general election held in nine-
 teen hundred sixty-two and having at such election received  a  majority
 of  affirmative  votes, the justices of the peace holding office in such

 A. 8272--A                          8
 
 town at the time of such vote shall continue in office until the end  of
 the  respective  terms  for  which  they  were  elected.  At the general
 election immediately preceding the expiration of the term of the justice
 of  the  peace  in such town whose term shall first expire an additional
 town [councilman] COUNCIL MEMBER shall be elected, and  at  the  general
 election  preceding  the  expiration  of  the term of the justice of the
 peace in such town whose term shall be the second such  term  to  expire
 another additional town [councilman] COUNCIL MEMBER shall be elected, so
 that  thereafter  such  town  shall  have four town [councilmen] COUNCIL
 MEMBERS.   Each town [councilman] COUNCIL MEMBER  so  elected  shall  be
 elected for a term of four years and shall hold office during such term.
   5.  The term "officer" and/or "officers" whenever used in this chapter
 shall include the incumbents of the offices of supervisor,  [councilman]
 COUNCIL  MEMBER,  town  clerk,  justice  of the peace, superintendent of
 highways, assessor, receiver of taxes and assessments and collector,  or
 any of them.
   5-a. The terms "[councilman] COUNCIL MEMBER" and "[councilmen] COUNCIL
 MEMBERS" whenever used in this chapter shall include ALL persons [of the
 male and female gender and those of the female gender shall be known and
 designated  as  "councilwoman" and "councilwomen"] ELIGIBLE TO HOLD SUCH
 OFFICE.
   § 16. The opening paragraph of section 24 of the town law, as  amended
 by chapter 293 of the laws of 1993, is amended to read as follows:
   All  elective  officers  other than town [councilmen] COUNCIL MEMBERS,
 town justices, receivers of taxes and assessors shall hold their respec-
 tive offices for two years. The terms of office of the town [councilmen]
 COUNCIL MEMBERS first elected after this chapter shall take  effect  and
 of  the  town [councilmen] COUNCIL MEMBERS first elected in a town which
 shall have changed its classification from that of a town of the  second
 class  to that of a town of the first class, shall be two years each for
 two town [councilmen] COUNCIL MEMBERS and four years each for  two  town
 [councilmen]  COUNCIL  MEMBERS,  and  thereafter  at  each biennial town
 election there shall be elected two town  [councilmen]  COUNCIL  MEMBERS
 for terms of four years each.
   §  17.  Section  24-b  of the town law, as added by chapter 888 of the
 laws of 1969, is amended to read as follows:
   § 24-b. Election of [councilmen] COUNCIL MEMBERS and town justices  in
 the  town  of Pawling. Notwithstanding the provisions of section twenty-
 four OF THIS ARTICLE or any other general or special law, the town board
 of the town of Pawling in Dutchess county, may by a  resolution  adopted
 at  least ninety days prior to the general election to be held in Novem-
 ber of nineteen hundred sixty-nine, provide that at the general election
 to be held in November of nineteen hundred sixty-nine, one  town  [coun-
 cilman]  COUNCIL  MEMBER be elected for a term of two years and one town
 [councilman] COUNCIL MEMBER be elected for a  term  of  four  years  and
 thereafter  at  each  biennial  town election there shall be elected one
 town [councilman] COUNCIL MEMBER for a term of four years.  Such  resol-
 ution may also provide that at the general election to be held in Novem-
 ber  of  nineteen  hundred sixty-nine, one town justice be elected for a
 term of four years and thereafter at each biennial town  election  there
 shall be elected one town justice for a term of four years.
   §  18. Section 60 of the town law, as added by chapter 739 of the laws
 of 1976, subdivision 2 as amended by chapter 123 of the laws of 1981, is
 amended to read as follows:
   § 60. Town board constituted. 1. In every town the supervisor and  the
 town  [councilmen]  COUNCIL  MEMBERS shall constitute the town board and

 A. 8272--A                          9
 
 shall be vested with all the powers of such a town and shall possess and
 exercise all the powers and be subject to all the duties now or hereaft-
 er imposed by law upon town boards and town boards of health within such
 towns;  but  it  is  not  intended to extend the power of said boards or
 officers within the limits of any incorporated village or  city,  or  in
 any  manner  to abridge or interfere with the power and authority of the
 officers of any such village or city within its corporate limits, except
 as otherwise provided by law.
   2. In any town in which a town justice serves as a member of the  town
 board, such town justice shall continue to serve as a member of the town
 board  until  the  expiration  of  [his] THEIR term. Thereafter any town
 justice shall not be a member of the town board and a town  [councilman]
 COUNCIL  MEMBER shall be elected as a member of such town board in place
 of such town justice except as otherwise provided by the town  board  by
 resolution adopted pursuant to the provisions of section sixty-a of this
 [chapter] ARTICLE.
   §  19.  Section  60-a  of the town law, as added by chapter 739 of the
 laws of 1976, subdivision 2 as amended by chapter 123  of  the  laws  of
 1981, is amended to read as follows:
   §  60-a.  Removal of town justices from town board. 1. Notwithstanding
 any provision of this chapter or any other law to the contrary,  in  any
 town  in  which  a  town justice serves as a member of the town board, a
 vacancy shall be created and is hereby created on the  town  board  upon
 the  expiration of the term of office of such justice and the membership
 of such town board shall consist of a town supervisor and town [council-
 men] COUNCIL MEMBERS and the vacancy on such town board created  by  the
 expiration of the term of the town justice shall be filled at the gener-
 al  election preceding the expiration of the term of such justice by the
 election of a town [councilman] COUNCIL MEMBER,  unless  the  office  of
 town  [councilman]  COUNCIL  MEMBER  does not exist in such town. In the
 event the town board determines that [councilmen] COUNCIL MEMBERS should
 be elected biennially and in order to so provide, it is  necessary  that
 such  [councilman]  COUNCIL MEMBER be elected for a single one year term
 or a single three year term, such town board may, by resolution  provide
 that  the  town  [councilman] COUNCIL MEMBER elected to fill the vacancy
 created by the expiration of the term of  town  justice  as  town  board
 member,  shall  be  first elected for a single one or three year term as
 provided in such resolution and [his] THEIR successors shall  thereafter
 be elected for four year terms.
   Notwithstanding  the  provisions  of this section, or any other law to
 the contrary, which provides that a town justice shall not constitute  a
 member of the town board, such office of town justice shall continue and
 such town justice shall have all the powers and duties of a town justice
 as defined by the uniform justice court act and as otherwise provided by
 law.  Such  town  justices shall continue to be elected as town justices
 except that such town justices shall not constitute members of the  town
 board.
   2.  In the event the town board determines that it will be in the best
 interests of the town, such town board may, by the adoption of a  resol-
 ution,  subject to permissive referendum, reduce the number of [council-
 men] COUNCIL MEMBERS or town justices and provide that the term of  such
 town [councilman] COUNCIL MEMBER first elected shall be for a single two
 or  four  year  term in order to provide for biennial town elections and
 [his] THEIR successor shall thereafter be elected for four  year  terms.
 In no event shall any town board constitute less than two town [council-
 men]  COUNCIL  MEMBERS and the supervisor. The town board of any town in

 A. 8272--A                         10
 
 which the number of [councilmen] COUNCIL MEMBERS or  justices  has  been
 reduced pursuant to this subdivision, may adopt a resolution, subject to
 permissive  referendum, restoring one or two of the offices of [council-
 men]  COUNCIL  MEMBERS  or  town  justices previously reduced, provided,
 however, that the total number of town justices for such town  including
 the  restored  offices, shall not exceed the number provided in subdivi-
 sion one of section  twenty  of  this  chapter.  Such  resolution  shall
 provide for a two or four year term for the restored office of [council-
 man] COUNCIL MEMBER in order to provide for biennial town elections, and
 [his]  THEIR  successor shall thereafter be elected for four year terms.
 The election of a [councilman] COUNCIL MEMBER or  town  justice  to  the
 restored  office  shall  take  place  at the biennial town election next
 succeeding the effective date of such resolution, for a term  of  office
 commencing January first following the election.
   §  20.  Subdivision  2 of section 81 of the town law, paragraph (b) as
 amended by chapter 751 of the laws of 1933, paragraph (c) as amended  by
 chapter  812  of the laws of 1935, and paragraph (d) as added by chapter
 374 of the laws of 1940, is amended to read as follows:
   2. In any town of the first class:
   (a) To increase the number of [councilmen] COUNCIL MEMBERS  from  four
 to six.
   (b) To establish or abolish the ward system for the election of [coun-
 cilmen] COUNCIL MEMBERS in towns having four or six [councilmen] COUNCIL
 MEMBERS.
   (c)  To  decrease the number of [councilmen] COUNCIL MEMBERS from four
 to two.
   (d) To increase the number of [councilmen] COUNCIL MEMBERS from two to
 four.
   § 21. Section 85 of the town law is amended to read as follows:
   § 85. Ward system for election of  [councilmen]  COUNCIL  MEMBERS.  1.
 Whenever  a  proposition  shall have been adopted in a town of the first
 class for the establishment of the ward system and the  election  there-
 after  of  one  [councilman] COUNCIL MEMBER from each ward, the board of
 elections of the county in which such town is situate shall  divide  the
 town  into  four wards and fix the boundaries thereof, unless a proposi-
 tion shall have been adopted to  increase  the  number  of  [councilmen]
 COUNCIL  MEMBERS  from  four  to  six,  in  which instance, the board of
 elections shall divide the town into six wards and  fix  the  boundaries
 thereof.  In  so dividing the town into wards, no town election district
 shall be divided and no election district thereafter created  under  the
 election  law shall contain parts of two or more wards. So far as possi-
 ble the division shall be so made that the number of voters in each ward
 shall be approximately equal.  When the board of  elections  shall  have
 finally  determined  the boundaries of the wards, they shall cause a map
 of the town to be prepared showing in detail the location of  each  ward
 and  the  boundaries thereof. The original map so made shall be filed in
 the office of the town clerk and copies thereof shall be  filed  in  the
 offices  of  the  county clerk and the board of elections of the county.
 The ward system  shall  be  deemed  established  after  such  filing  is
 complete.  After  a ward system shall have been so established, the term
 of office of every town [councilman] COUNCIL MEMBER shall  terminate  on
 the thirty-first day of December next succeeding the first biennial town
 election held not less than one hundred twenty days after the establish-
 ment  of such ward system, and at such biennial town election, and every
 biennial town election thereafter, one resident  elector  of  each  ward
 shall  be elected as [councilman] COUNCIL MEMBER therefrom for a term of

 A. 8272--A                         11
 
 two years beginning on the first day of  January  next  succeeding  such
 election.
   2. The ward system may be abolished upon the adoption of a proposition
 therefor at any special or biennial town election. At the first biennial
 town  election  held at least one hundred twenty days after the adoption
 of a proposition to abolish the ward system for election of [councilmen]
 COUNCIL MEMBERS, the electors of the town shall elect  one-half  of  the
 total  number  of  town [councilmen] COUNCIL MEMBERS for the term of two
 years each and one-half of the total number of town [councilmen] COUNCIL
 MEMBERS for the term of four years each. At each biennial town  election
 held  thereafter  there shall be elected one-half of the total number of
 town [councilmen] COUNCIL MEMBERS for the term of four years  each.  The
 terms  of all such [councilmen] COUNCIL MEMBERS shall begin on the first
 day of January next succeeding the date of their election.
   § 22. Section 87 of the town law, as amended by  chapter  374  of  the
 laws of 1940, is amended to read as follows:
   § 87. Increase or decrease of number of [councilmen]  COUNCIL MEMBERS.
 1. Whenever a proposition shall have been adopted in a town of the first
 class  which shall not have established the ward system, to increase the
 number of [councilmen] COUNCIL MEMBERS from four  to  six,  party  nomi-
 nations  for town [councilmen] COUNCIL MEMBERS may be made and designat-
 ing petitions filed and four town [councilmen] COUNCIL MEMBERS shall  be
 elected  at  the  first biennial town election held at least one hundred
 fifty days thereafter, three for a term of four years each and one for a
 term of two years and thereafter at each biennial town election in  such
 town  there shall be elected three town [councilmen] COUNCIL MEMBERS for
 the term of four years each, in the same manner as other  elective  town
 officers  in  such  town.  The  term of office of each such [councilman]
 COUNCIL MEMBER shall begin on the first day of January  next  succeeding
 the election at which [he was] THEY WERE elected.
   2.  Whenever  a  proposition  shall have been adopted in a town of the
 first class which  shall  not  have  established  the  ward  system,  to
 increase  the  number  of [councilmen] COUNCIL MEMBERS from two to four,
 party nominations for town [councilmen] COUNCIL MEMBERS may be made  and
 designating  petitions filed and three town [councilmen] COUNCIL MEMBERS
 shall be elected at the first biennial town election held at  least  one
 hundred  fifty days thereafter, two for terms of four years each and one
 for a term of two years, and thereafter at each biennial  town  election
 in  such  town,  there  shall  be  elected two town [councilmen] COUNCIL
 MEMBERS for terms of four years each, in the same manner as other  elec-
 tive  town  officers  in such town. The term of office of each such town
 [councilman] COUNCIL MEMBER shall begin on the first day of January next
 succeeding the election at which [he was] THEY WERE elected.
   3. Whenever a proposition shall have been adopted in  a  town  of  the
 first  class  to  reduce the number of [councilmen] COUNCIL MEMBERS from
 four to two, no town [councilmen] COUNCIL MEMBERS shall  be  elected  at
 the  first  biennial  town election held at least one hundred fifty days
 after the adoption of  such  proposition.  Party  nominations  for  town
 [councilmen] COUNCIL MEMBERS may be made and designating petitions filed
 and  two town [councilmen] COUNCIL MEMBERS shall be elected at the bien-
 nial town election next succeeding the biennial town election  at  which
 no  town [councilmen] COUNCIL MEMBERS are elected, one for a term of two
 years and one for a term of four years and thereafter at  each  biennial
 town  election in such town there shall be elected one town [councilman]
 COUNCIL MEMBER for a term of four years, in the  same  manner  as  other
 elective  town  officers  in  such town. The term of office of each such

 A. 8272--A                         12
 
 [councilman] COUNCIL MEMBER shall begin on the first day of January next
 succeeding the election at which [he was] THEY WERE elected.
   §  23.  The section heading, and subdivisions 1, 2 and 3 of section 88
 of the town law, the section heading and subdivisions 2 and 3 as amended
 by chapter 751 of the laws of 1954 and subdivision 1 as amended by chap-
 ter 561 of the laws of 1955, are amended to read as follows:
   Reduction of number of justices of the  peace  and  election  of  town
 [councilmen]  COUNCIL  MEMBERS.   1. Except in the town of Hector in the
 county of Schuyler, and except as hereinafter provided, in any  town  of
 the  second class having more than two justices of the peace there shall
 be elected at the next biennial town election occurring after  this  act
 shall  take effect and at every biennial town election held in such town
 thereafter, one justice of the peace and one town  [councilman]  COUNCIL
 MEMBER  for a term of four years each to begin on the first day of Janu-
 ary next succeeding the election at which such  officers  were  elected.
 During  the  period between the first day of January next succeeding the
 biennial town election at which  the  first  town  [councilman]  COUNCIL
 MEMBER  shall be so elected and the first day of January next succeeding
 the biennial town election at which a second town  [councilman]  COUNCIL
 MEMBER  shall  be elected, the supervisor, the justices of the peace and
 the town [councilman] COUNCIL MEMBER of such town shall  constitute  the
 town  board thereof. On and after the first day of January next succeed-
 ing the biennial town election at which  the  second  town  [councilman]
 COUNCIL MEMBER shall be elected, the supervisor, the two justices of the
 peace  and  the  two  town [councilmen] COUNCIL MEMBERS shall constitute
 such town board.  Nothing herein contained shall be construed to abridge
 the term of a justice of the peace heretofore elected in any town.
   2. Notwithstanding the provisions of subdivision one of this  section,
 the  town  board  of  any town of the second class to which this section
 shall apply may, by resolution, direct that at the first  biennial  town
 election  held  after this act shall take effect, there shall be elected
 two town [councilmen] COUNCIL MEMBERS (but  no  justices  of  the  peace
 except  to fill a vacancy) for a term of four years each to begin on the
 first day of January next succeeding the election at which such officers
 were elected, instead of one justice of the peace and one town [council-
 man] COUNCIL MEMBER; and on and after the  first  day  of  January  next
 succeeding  the  biennial  town election at which such town [councilmen]
 COUNCIL MEMBERS shall be so elected the supervisor, the justices of  the
 peace  and  the two town [councilmen] COUNCIL MEMBERS of such town shall
 constitute the town board thereof. At each biennial election at which no
 town [councilmen] COUNCIL MEMBERS are elected (except to fill a vacancy)
 two justices of the peace shall be elected for a term of four years each
 beginning on the first day of January next succeeding such election.
   3. Notwithstanding the provisions of subdivision one of this  section,
 the  town  board  of  any town of the second class to which this section
 shall apply may, by resolution, direct that at the first  biennial  town
 election  held  after this act shall take effect, there shall be elected
 two justices of the peace for a term of four years each to begin on  the
 first day of January next succeeding the election at which such officers
 were elected, instead of one justice of the peace and one town [council-
 man]  COUNCIL  MEMBER;  and  on  and after the first day of January next
 succeeding the biennial town election at  which  such  justices  of  the
 peace  shall  be so elected the supervisor and the justices of the peace
 shall constitute the town board thereof. At the next  biennial  election
 thereafter, two town [councilmen] COUNCIL MEMBERS shall be elected for a
 term of four years each, in place of the two justices of the peace whose

 A. 8272--A                         13
 
 terms  shall next expire, and the town board shall thereafter consist of
 the supervisor, two justices of the  peace  and  two  town  [councilmen]
 COUNCIL MEMBERS.
   § 24. Section 325 of the town law is amended to read as follows:
   §  325.  Application of article. The villages and cities of this state
 shall be considered towns for the purpose of  construing  provisions  of
 this article relating to strays; and the trustees of the village and the
 [aldermen]  ALDERPERSONS, [councilmen] COUNCIL MEMBERS or members of the
 legislative body of the city shall be fence  viewers  therein  for  such
 purposes.
   § 25. Subdivision 3-a, paragraphs 1, 2, 5, 6 and 7 of subdivision 5-a,
 and  subdivision 13 of section 341 of the town law, subdivisions 3-a and
 13 as added by chapter 751 of the laws of 1933, paragraphs 1, 2, 5 and 6
 of subdivision 5-a as added by chapter 859 of  the  laws  of  1939,  and
 paragraph  7  of  subdivision 5-a as added by chapter 243 of the laws of
 1940, are amended to read as follows:
   3-a. Not later than June fifteenth, nineteen hundred thirty-three  the
 town  board  of  any  town which is to be in the first class may adopt a
 resolution that the number of [councilmen] COUNCIL MEMBERS to be elected
 shall be reduced from four to two, which resolution shall be subject  to
 referendum  as  herein  provided. Within four days after the adoption of
 any such resolution, the town clerk shall cause  copies  thereof  to  be
 posted in ten public places of the town, with a statement of the date of
 its  adoption.  Within  fourteen  days after the adoption of such resol-
 ution, a petition may be filed requiring that such resolution be submit-
 ted to the electors of the town, for their approval.  The  form  of  the
 question  to  be submitted thereon shall be "Shall the resolution of the
 town board of the town of ............., that the number of [councilmen]
 COUNCIL MEMBERS to be elected be reduced from four to two, be approved?"
 If no such resolution shall have been  adopted  within  the  time  above
 provided, a petition may be filed not later than June twenty-nine, nine-
 teen  hundred thirty-three, requiring the submission to such electors of
 the proposition "Shall the resolution of the town board of the  town  of
 .............,  that  the  number  of [councilmen] COUNCIL MEMBERS to be
 elected be reduced from four to two, be approved?" A petition for any of
 the above propositions shall be filed with the town clerk and  shall  be
 signed  and  duly  acknowledged  by at least one hundred electors of the
 town. The question or proposition for which the petition shall have been
 filed shall be submitted by the town board at a special town meeting  to
 be  held  at a time, not later than August first, nineteen hundred thir-
 ty-three and at such place or places in the town as may be fixed by  the
 town  board. Notice of the meeting shall be given, such meeting held and
 the votes canvassed and results certified and  returned  in  the  manner
 provided  by  the  provisions  of  the town law relating to special town
 meetings, as in force immediately prior to the  taking  effect  of  this
 section.  Every  elector  of  the town shall be entitled to vote at such
 meeting. If the town board shall have adopted such a resolution  and  no
 petition  shall  have  been filed, within the time above provided, for a
 referendum thereon, or if a majority of the votes cast on  any  proposi-
 tion  or  question  submitted  as herein provided be in the affirmative,
 such town shall have only two  town  [councilmen]  COUNCIL  MEMBERS  and
 party nominations for such offices made, and designating petitions filed
 and  two town [councilmen] COUNCIL MEMBERS shall be elected at the bien-
 nial town meeting in the year nineteen hundred thirty-three, one  for  a
 term  of  two  years  and one for a term of four years and thereafter at
 each biennial town election in such town there shall be elected one town

 A. 8272--A                         14
 
 [councilman] COUNCIL MEMBER for a term of four years, in the same manner
 as other elective town officers in such town.
   1.  At  the  biennial  town  election to be held on the seventh day of
 November, nineteen  hundred  thirty-nine,  and  at  each  biennial  town
 election  held  thereafter  in  each town of the second class, except as
 otherwise provided herein, there shall be elected  one  justice  of  the
 peace  for  the  full  term  prescribed by law and one town [councilman]
 COUNCIL MEMBER for a term of four years to begin on  the  first  day  of
 January  next  succeeding  the  election  at  which  [he  was] THEY WERE
 elected, and party nominations for such offices shall be made and desig-
 nating petitions may be filed and such officers shall be elected in  the
 same  manner  as other elective officers in such town. During the period
 from January first, nineteen hundred forty until January first, nineteen
 hundred forty-two, the supervisor, the three justices of the  peace  and
 the  town  [councilman] COUNCIL MEMBER of such town shall constitute the
 town board thereof. On  the  first  day  of  January,  nineteen  hundred
 forty-two  and thereafter, the supervisor, the two justices of the peace
 and the two town [councilmen] COUNCIL MEMBERS shall constitute such town
 board.
   2. At the biennial town election to  be  held  in  the  year  nineteen
 hundred  forty in each town in the county of Broome and at each biennial
 town election held in such towns thereafter, there shall be elected  one
 justice  of  the  peace for the full term prescribed by law and one town
 [councilman] COUNCIL MEMBER for a term of four years  to  begin  on  the
 first day of January next succeeding the election at which [he was] THEY
 WERE  elected,  and party nominations for such offices shall be made and
 designating petitions may be filed and such officers shall be elected in
 the same manner as other elective town officers in such town. During the
 period from January first,  nineteen  hundred  forty-one  until  January
 first,  nineteen hundred forty-three, the supervisor, the three justices
 of the peace and the town [councilman] COUNCIL MEMBER of such town shall
 constitute the town board thereof. On the first day of January, nineteen
 hundred forty-three and thereafter, the supervisor, the two justices  of
 the peace and the two town [councilmen] COUNCIL MEMBERS shall constitute
 such town board.
   5.  Notwithstanding  the  provisions of paragraph one of this subdivi-
 sion, the town board of any town required thereby to elect  one  justice
 of  peace  and  one  town  [councilman]  COUNCIL  MEMBER at the biennial
 election to be held on the seventh day  of  November,  nineteen  hundred
 thirty-nine,  may adopt a resolution on or before but not later than the
 first day of July, nineteen hundred thirty-nine, determining that  there
 shall be elected at the biennial town election of nineteen hundred thir-
 ty-nine,  two  justices of peace for the full term prescribed by law but
 no town [councilman] COUNCIL MEMBER. If the town board shall adopt  such
 a  resolution, the town clerk shall cause a certified copy thereof to be
 filed in the office of the board of  elections  of  said  county  on  or
 before  the  tenth  day of July, nineteen hundred thirty-nine, and party
 nominations for the offices of justice of peace shall be made and desig-
 nating petitions may be filed and two justices of peace shall be elected
 at said biennial town election of nineteen hundred thirty-nine,  in  the
 same manner as other elective town officers in such town.
   In any such town in which two justices of peace shall be so elected at
 the  biennial  town  election  held in the year nineteen hundred thirty-
 nine, there shall be elected at the biennial town election held  in  the
 year  nineteen  hundred  forty-one  and  at every biennial town election
 thereafter, one justice of  peace  and  one  town  [councilman]  COUNCIL

 A. 8272--A                         15

 MEMBER  for the terms and in the manner prescribed in said paragraph one
 of this subdivision.
   6.  The  town  board of any town which shall have adopted a resolution
 pursuant to paragraph five of this  subdivision,  determining  that  two
 justices  of  peace shall be elected at the biennial town election to be
 held on the seventh day of November, nineteen hundred  thirty-nine,  may
 also adopt a resolution on or before but not later than the first day of
 July,  nineteen  hundred  thirty-nine,  determining  that  the following
 proposition shall be submitted to the electors  of  such  town  at  said
 biennial  town  election of nineteen hundred thirty-nine, to wit: "Shall
 the number of justices of peace in this town be reduced from four to two
 by the election of one justice of peace and one town [councilman]  COUN-
 CIL  MEMBER  for terms of four years each at the biennial town elections
 to be held in the years nineteen hundred forty-one and nineteen  hundred
 forty-three and at each biennial town election thereafter, and shall the
 town  board  of this town consist of the supervisor and such justices of
 peace and town [councilman] COUNCIL MEMBER?"  The town board shall  give
 notice  of the submission of such proposition and such proposition shall
 be submitted in the manner provided in article six of this  chapter  for
 the  submission  of  propositions at special or biennial town elections.
 The polls shall remain open during the hours fixed for the  election  of
 town  officers.    Every  elector  of the town qualified to vote at such
 election for town officers shall be entitled to vote upon the  foregoing
 proposition.  The  votes  upon  such  proposition shall be canvassed and
 certified to the town clerk in the manner provided  in  section  eighty-
 three of this chapter. If a majority of the votes cast in such town upon
 such  proposition shall be in the affirmative, there shall be elected at
 the biennial town election held in the year nineteen  hundred  forty-one
 and at every biennial town election thereafter, one justice of peace and
 one  town  [councilman]  COUNCIL  MEMBER for the terms and in the manner
 prescribed in paragraph one of this subdivision. If a  majority  of  the
 votes cast in such town upon such proposition shall not be in the affir-
 mative  there shall be elected at the biennial town election held in the
 year nineteen hundred forty-one and  at  every  biennial  town  election
 thereafter,  two  justices of peace for the full term prescribed by law,
 but no town [councilman] COUNCIL MEMBER.
   7. Notwithstanding the provisions of paragraph two  of  this  subdivi-
 sion, the town board of any town in the county of Broome required there-
 by  to  elect  one  justice  of  peace and one town [councilman] COUNCIL
 MEMBER at the biennial election to be held in the year nineteen  hundred
 forty,  may adopt a resolution on or before but not later than the first
 day of July, nineteen hundred forty, determining  that  there  shall  be
 elected  at  the  biennial  town election of nineteen hundred forty, two
 justices of peace for the full term prescribed by law but no town [coun-
 cilman] COUNCIL MEMBER. If the town board shall adopt such a resolution,
 the town clerk shall cause a certified copy thereof to be filed  in  the
 office  of  the board of elections of said county on or before the tenth
 day of July, nineteen hundred  forty,  and  party  nominations  for  the
 offices  of justice of peace shall be made and designating petitions may
 be filed and two justices of peace shall be  elected  at  said  biennial
 town  election  of  nineteen  hundred forty, in the same manner as other
 elective town officers in such town.
   In any such town in which two justices of peace shall be so elected at
 the biennial town election held in  the  year  nineteen  hundred  forty,
 there  shall  be  elected at the biennial town election held in the year
 nineteen hundred forty-two and at every biennial town election thereaft-

 A. 8272--A                         16
 
 er, one justice of peace and one town [councilman]  COUNCIL  MEMBER  for
 the  terms  and in the manner prescribed in [said] paragraph two of this
 subdivision.
   The  town  board  of  any  town  which shall have adopted a resolution
 pursuant to this paragraph, determining that two justices of peace shall
 be elected at the biennial town election to be held in the year nineteen
 hundred forty, may also adopt a resolution on or before  but  not  later
 than the first day of July, nineteen hundred forty, determining that the
 following proposition shall be submitted to the electors of such town at
 said  biennial  town  election of nineteen hundred forty, to wit: "Shall
 the number of justices of peace in this town be reduced from four to two
 by the election of one justice of peace and one town [councilman]  COUN-
 CIL  MEMBER  for terms of four years each at the biennial town elections
 to be held in the years nineteen hundred forty-two and nineteen  hundred
 forty-four  and at each biennial town election thereafter, and shall the
 town board of this town consist of the supervisor and such  justices  of
 peace  and  town  [councilman]  COUNCIL  MEMBER  or [councilmen] COUNCIL
 MEMBERS?"  The town board shall give notice of the  submission  of  such
 proposition  and  such  proposition  shall  be  submitted  in the manner
 provided in article six of this chapter for the submission  of  proposi-
 tions at special or biennial town elections. The polls shall remain open
 during  the hours fixed for the elections of town officers.  Every elec-
 tor of the town qualified to vote at such  election  for  town  officers
 shall be entitled to vote upon the foregoing proposition. The votes upon
 such  proposition  shall be canvassed and certified to the town clerk in
 the manner provided in section eighty-three of this chapter. If a major-
 ity of the votes cast in such town upon such proposition shall be in the
 affirmative, there shall be elected at the biennial town  election  held
 in  the  year  nineteen  hundred  forty-two,  and at every biennial town
 election thereafter, one justice of  peace  and  one  town  [councilman]
 COUNCIL  MEMBER  for the terms and in the manner prescribed in paragraph
 two of this subdivision. If a majority of the votes cast  in  such  town
 upon  such  proposition  shall  not be in the affirmative there shall be
 elected at the biennial town  election  in  the  year  nineteen  hundred
 forty-two  and  at every biennial town election thereafter, two justices
 of peace for the full term prescribed by law, but no  town  [councilman]
 COUNCIL MEMBER.
   13.  Not later than June fifteenth, nineteen hundred thirty-three, the
 town board of any town containing a population of ten thousand  or  more
 as  shown  by  the  latest federal census, excepting towns in Broome and
 Suffolk counties, and of any other town which shall determine by any  of
 the  methods  prescribed by subdivision one of this section to be a town
 of the first class, may adopt a resolution to establish the ward  system
 for  the  election  of [councilmen] COUNCIL MEMBERS for such town, which
 resolution shall be subjected to referendum as herein  provided.  Within
 four  days  after  the adoption of such resolution, the town clerk shall
 cause copies thereof to be posted in ten public places in the town, with
 a statement of the date of its adoption Within fourteen days  after  the
 adoption  of  such  resolution,  a  petition may be filed requiring such
 resolution be submitted to the electors of the town, for their approval.
 The form of question to be submitted thereon shall be "Shall the  resol-
 ution  of  the town board of the town of ............., establishing the
 ward system for the election of town [councilmen]  COUNCIL  MEMBERS,  be
 approved?"    If  no  such resolution shall have been adopted within the
 time above provided, a petition may be filed not later than  June  twen-
 ty-ninth,  nineteen  hundred  thirty-three,  requiring the submission to

 A. 8272--A                         17
 
 such electors of the proposition "Shall the ward system  be  established
 for  the election of town [councilmen] COUNCIL MEMBERS?"  A petition for
 any of the above purposes shall be filed with the town clerk, and  shall
 be  signed and duly acknowledged by at least one hundred electors of the
 town. The question or proposition for which a petition shall  have  been
 filed  shall be submitted by the town board at a special town meeting to
 be held at a time, not later than August first, nineteen  hundred  thir-
 ty-three, and at such place or places in the town as may be fixed by the
 town board. Notice of the election shall be given, such meeting held and
 the  votes  canvassed  and  result  certified and returned in the manner
 provided by provisions of the town law relating to special town meetings
 as in force immediately prior to the  taking  effect  of  this  section.
 Every  elector of the town shall be entitled to vote at such meeting. If
 the town board shall have adopted such  a  resolution  and  no  petition
 shall  have been filed, within the time above provided, for a referendum
 thereon, or if a majority of the votes cast on any proposition or  ques-
 tion  submitted  as  herein provided be in the affirmative, the board of
 elections of the county in which such town is  situate  shall  forthwith
 divide  the  town  into four wards and fix the boundaries thereof. In so
 dividing the town into wards, no town election district shall be divided
 and no election district shall contain parts of two or  more  wards.  So
 far  as  possible the division shall be so made that the number of votes
 in each ward shall be approximately equal. When the board  of  elections
 shall  have  finally  determined  the boundaries of the wards, the board
 shall cause a map of the town to  be  prepared  showing  in  detail  the
 location  of  each  ward and the boundaries thereof. The original map so
 made shall be filed in the office of the town clerk and  copies  thereof
 shall  be  filed  in  the  offices  of the county clerk and the board of
 elections of the county.  The ward system shall  be  deemed  established
 after  such  filing is complete. Party nominations shall be made, desig-
 nating petitions filed and one resident elector of each  ward  shall  be
 elected as [councilman] COUNCIL MEMBER therefrom for a term of two years
 beginning  on the first day of January next succeeding such election, at
 the biennial town meeting in the year nineteen hundred thirty-three, and
 biennially thereafter, in the same manner as other elective  town  offi-
 cers in such town.
   §  26. Subdivision 4 of section 17-1703-a of the village law, as added
 by chapter 960 of the laws of 1977, the opening paragraph as amended  by
 chapter 30 of the laws of 2013, is amended to read as follows:
   4.  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] COUNCIL MEMBERS 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 annexation of such territory; all other town offices  shall
 be  appointive.  The  election  of  the supervisor, [councilmen] COUNCIL
 MEMBERS and justices shall be for terms of office as follows:
   (a) If such election is held in an odd-numbered year, then the term of
 office for supervisor shall be the term regularly provided by  law;  the
 terms  of office for two [councilmen] COUNCIL MEMBERS shall be the terms

 A. 8272--A                         18
 
 regularly provided by law and the terms for the other  two  [councilmen]
 COUNCIL MEMBERS shall be two years each; the term for each justice shall
 be  the  term  regularly provided by law. Upon the expiration of the two
 year  term for [councilmen] COUNCIL MEMBERS as above provided, the terms
 for such offices shall be as regularly provided by law.
   (b) If such election is held in an even-numbered year, then  the  term
 of  office  for  supervisor  shall  be one year; the terms of office for
 [councilmen] COUNCIL MEMBERS shall be  one  year  for  two  [councilmen]
 COUNCIL  MEMBERS  and three years for the other two [councilmen] COUNCIL
 MEMBERS and the terms of office  for  each  justice  shall  be  for  the
 remainder  of the then unexpired terms. Thereafter, each office shall be
 filled for the term regularly provided by law.
   § 27. Subdivision 3 of section 17-1708 of the village law, as added by
 chapter 355 of the laws of 1975, is amended to read as follows:
   3. In any village which has been or may hereafter be  incorporated  to
 embrace  the  entire  territory  of a town, the proposition proposed and
 submitted as provided in subdivision one of  this  section,  may  be  in
 substantially the following form:  "Shall the offices of town supervisor
 and  town  [councilman]  COUNCIL  MEMBER,  as  presently constituted, be
 deemed vacant and the mayor and board of  trustees  of  the  village  of
 _______________hereafter  constitute  the  supervisor  and  town  board,
 respectively, of the town of _________________for all purposes?" In case
 the said proposition be adopted by a majority of  the  electors  of  the
 said  town  voting thereon, the mayor of the said village, as the office
 shall be held from time to time, and the board of trustees of  the  said
 village, as the same shall be constituted from time to time, shall, from
 and  after  the  first  day  of January next succeeding the date of said
 election, constitute the supervisor and town board of the said town  for
 all  purposes,  and shall have all the rights, powers and duties thereof
 and neither the town clerk, nor the town  justices  of  the  said  town,
 shall  by virtue of their offices be members of the said town board. The
 town board of the said town as so organized shall keep a separate  jour-
 nal of its proceedings and the town clerk shall be the clerk thereof.
   § 28. This act shall take effect immediately.