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Assembly Bill A832

2011-2012 Legislative Session

Eliminates certain provisions requiring political subdivisions to acquire the consent of the comptroller before taking certain actions; repealer

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Archive: Last Bill Status - In Assembly Committee

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2011-A832 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
Town Law
Laws Affected:
Rpld §54 sub 13, §194 subs 3, 4, 5 & 6, §209-f & §209-q sub 13, amd Town L, generally; amd §104.10, Loc Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1922
2013-2014: A3250

2011-A832 (ACTIVE) - Summary

Eliminates requirements that the permission of the comptroller be obtained for establishment or extension of town improvement districts that are to be financed by the issuance of bonds, notes, certificates or other evidence of indebtedness, for an increase in the amount to be expended in such a district, for provision of certain improvements and for acquisition of additional property for a park district; eliminates requirement of comptroller's approval for the establishment or extension of fire districts.

2011-A832 (ACTIVE) - Bill Text download pdf 

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

                                   832

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the town law and the local finance law, in  relation  to
  certain  actions  which  may  not  be  taken without the prior review,
  approval, permission or consent  of  the  state  comptroller;  and  to
  repeal  subdivision  13  of  section 54, subdivisions 3, 4, 5 and 6 of
  section 194, section 209-f and subdivision 13 of section 209-q of  the
  town law relating thereto

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

  Section 1. Legislative findings.    The  legislature  finds  that  the
provisions  of  article  IX  of the state constitution relating to local
governments which became effective on January 1, 1964 and the  municipal
home  rule law enacted by chapter 843 of the laws of 1963 gave a consti-
tutional grant of home rule powers to local governments. Subdivision (b)
of section 2 of article IX of the state constitution provides that  "...
the legislature:... Shall have the power to act in relation to the prop-
erty, affairs or government of any local government only by general law,
or  by  special law" only in certain circumstances when requested by the
local legislative body. The legislature does further find  that  certain
provisions  of  the town law relating to the creation of fire, water and
sewer districts which were adopted prior to such article IX  are  incon-
sistent  with  the  constitution and should be repealed. The legislature
does further find that provisions of the town law requiring the approval
of the state comptroller prior to the creation of a fire, water or sewer
district creates an unnecessary burden and "mandate" on local government
that increases the cost of formation of  such  districts,  the  time  to
create  such districts and is an unwarranted intrusion on the ability of
local governments to manage their own affairs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01640-01-1

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