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-
S. 2787 3
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
S. 2787 4
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.
