senate Bill S4297

2011-2012 Legislative Session

Authorizes a town board to establish a hamlet district to provide village services in a village that dissolves itself

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
Mar 28, 2011 referred to local government

Co-Sponsors

S4297 - Bill Details

Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Add ยง203-a, Town L

S4297 - Bill Texts

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Authorizes a town board to establish a hamlet district to provide village services in a village that dissolves itself.

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BILL NUMBER:S4297

TITLE OF BILL:
An act
to amend the town law, in relation to the establishment and operation of
a hamlet district to continue to provide village services upon the
dissolution of a village

PURPOSE OR GENERAL IDEA OF BILL:
The goal of this bill is to allow villages to dissolve but allow for
continued services to a resulting Hamlet without resorting to the
creation of other districts, such as water or fire districts, within
the Town. This gives village residents a level of safety and comfort
when confronting a decision on whether or not to dissolve a village.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - Creates section 203-a to the Town Law. Subsection 1
empowers the town board to create a hamlet district to continue to
provide residents of a dissolved village with services. Subsection 2
assigns the obligations accrued in relation to the provision of
services to the town. Subsection 3 assigns the hamlet district the
duties and functions of the dissolved village and charges the
services to the taxable property within the boundaries of the
dissolved village. Subsection 4 addresses the phasing period and the
composition of the governing body of the hamlet district. In the
first year, the mayor and two trustees of the dissolved village and
two trustees of the town board shall govern the new specified
district. The second year two trustees of the village, two town board
members and the town supervisor shall govern. Thereafter the town
board shall govern the hamlet district. The purpose of this section
is to transfer the operation and management of village services
gradually from village officials and former village officials that
have knowledge about the provision of former village services to the
town officials.

JUSTIFICATION:
Allowing for the creation of a Hamlet District to continue necessary
services once provided by a now-dissolved Village is a cost saving
measure. This Bill creates a mechanism so that villages may more
easily be dissolved without the residents of such former village
experiencing a gap or lack in necessary services. The citizens of a
hamlet and town at large should not have to endure an expensive and
time consuming process to create districts for services once provided
by a village. This Bill is designed to address the concerns of
citizens regarding uninterrupted necessary services while facing a
vote on whether to dissolve a village. A level of comfort concerning
services provided by a village will encourage a responsible vote by
the residents.

Another goal is to encourage smaller villages to dissolve and then
transfer the provision of services to one special district governed

by the town board, the net effect of which is to lower the cost of
such services. A hamlet
district would assume the village role in providing services as a
singular entity as opposed to creating numerous services districts
such as fire, water, sewer, police protection, and so forth to
replace the former village municipal services. An existing town board
is able to provide for a comprehensive list of municipal functions
without the necessity and expense of having village officers such as
secretaries, clerk, board of trustees, planning board, or assessors.
However, a phasing period may be necessary to ensure continued,
reliable service and thus this Bill allows for former Village
Trustees and the mayor to maintain a presence in the governing body
for two years and impart their specialized local knowledge as it
phases over to total town board control in the third year.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
This Bill is designed to save money.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4297

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced  by  Sens. CARLUCCI, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to the establishment and oper-
  ation of a hamlet district to continue  to  provide  village  services
  upon the dissolution of a village

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

  Section 1. The town law is amended by adding a new  section  203-a  to
read as follows:
  S  203-A.  HAMLET  DISTRICT.  1. NOTWITHSTANDING ANY PROVISION OF THIS
ARTICLE TO THE CONTRARY, THE TOWN BOARD OF THE TOWN IN WHICH  A  VILLAGE
DISSOLVES  ITSELF  PURSUANT TO TITLE THREE OF ARTICLE SEVENTEEN-A OF THE
GENERAL MUNICIPAL LAW, MAY ELECT  TO  ESTABLISH  A  HAMLET  DISTRICT  TO
PROVIDE ALL SERVICES TO THE RESIDENTS OF THE DISSOLVED VILLAGE, PRIOR TO
THE  DISSOLUTION, PURSUANT TO ARTICLES EIGHT, TEN, ELEVEN, TWELVE, THIR-
TEEN, FOURTEEN, FIFTEEN AND TWENTY-TWO OF THE VILLAGE LAW.
  2. ALL DEBTS, LIABILITIES AND OBLIGATIONS  RELATING  TO  THE  SERVICES
FORMERLY  PROVIDED BY THE DISSOLVED VILLAGE SHALL BE ASSUMED BY THE TOWN
PURSUANT TO SECTION SEVEN HUNDRED NINETY OF THE GENERAL MUNICIPAL LAW.
  3. UPON THE ESTABLISHMENT OF A HAMLET DISTRICT,  SUCH  DISTRICT  SHALL
ASSUME THE DUTIES AND FUNCTIONS OF THE DISSOLVED VILLAGE AND CONTINUE TO
PROVIDE  THE  SERVICES THERETOFORE PROVIDED BY SUCH VILLAGE. THE COST OF
SUCH SERVICES SHALL BE A CHARGE UPON THE  TAXABLE  PROPERTY  WITHIN  THE
DISSOLVED VILLAGE.
  4.  DURING THE FIRST YEAR OF THE ESTABLISHMENT OF THE HAMLET DISTRICT,
SUCH DISTRICT SHALL BE GOVERNED BY A BOARD CONSISTING OF THE  MAYOR  AND
TWO TRUSTEES OF THE DISSOLVED VILLAGE, AND TWO MEMBERS OF THE TOWN BOARD
OF  THE  TOWN.  DURING  THE  SECOND  YEAR AFTER THE ESTABLISHMENT OF THE
HAMLET DISTRICT, SUCH DISTRICT SHALL BE GOVERNED BY A  BOARD  CONSISTING
OF  TWO  TRUSTEES  OF  THE DISSOLVED VILLAGE, AND THE SUPERVISOR AND TWO
TOWN BOARD MEMBERS OF THE TOWN. THEREAFTER THE HAMLET DISTRICT SHALL  BE
GOVERNED BY THE TOWN BOARD.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09357-01-1

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