S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4439--A A. 6316--A
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
March 20, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the town law, in relation to the establishment, exten-
sion, powers and expenses of tick control districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 190 of the town law, as amended by chapter 378 of
the laws of 2012, is amended to read as follows:
S 190. Establishment or extension of improvement districts. Upon a
petition as hereinafter provided, the town board of any town may estab-
lish or extend in said town a sewer, drainage, water, water quality
treatment, park, public parking, lighting, snow removal, water supply,
sidewalk, a fallout shelter district or refuse and garbage district,
aquatic plant growth control district, ambulance district, watershed
protection improvement district, TICK CONTROL DISTRICT, and in any town
bordering upon or containing within its boundaries any navigable waters
of this state, a harbor improvement district, a public dock district, or
beach erosion control district, and provide improvements or services, or
both, in any such district, wholly at the expense of the district; but
no water supply district shall be established or extended to include
lands situate within the boundaries of a water district. No such
district shall be established or extended in a city or in an incorpo-
rated village provided, however, that such a district may be established
or extended wholly or partly within an incorporated village on consent
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09407-02-5
S. 4439--A 2 A. 6316--A
of the village expressed in a local law, ordinance or resolution,
subject to a referendum on petition under section twenty-four of the
municipal home rule law or a permissive referendum under article nine of
the village law, as the case may be, and except, in the case of a water
quality treatment district, on consent of a village expressed in a local
law or by resolution of the board of trustees and not subject to any
referendum.
S 2. Paragraph a of subdivision 1 of section 193 of the town law, as
amended by chapter 378 of the laws of 2012, is amended to read as
follows:
a. Whenever a petition shall be presented to the town board pursuant
to this article, for the establishment or extension of a sewer, wastewa-
ter disposal, drainage, water, water quality treatment, park, public
parking, lighting, snow removal, water supply, sidewalk, refuse and
garbage, aquatic plant growth control district, ambulance district,
harbor improvement district, public dock district, beach erosion control
district, watershed protection improvement district, TICK CONTROL
DISTRICT, or a fallout shelter district, the board shall adopt an order
and enter the same in the minutes of its proceedings, reciting in gener-
al terms the filing of such petition, the boundaries of the proposed
district, the improvements proposed, the maximum amount proposed to be
expended for the improvement as stated in the petition or the maximum
amount to be expended for the performance or supplying of services if a
maximum amount is stated in the petition, the estimated cost of hook-up
fees, if any, to, and the cost of the district or extension to, the
typical property and, if different, the typical one or two family home,
and specifying the time when and place where said board will meet to
consider the petition and to hear all persons interested in the subject
thereof, concerning the same. The board shall cause a copy of such
order, certified by the town clerk, to be published at least once in the
official paper, the first publication thereof to be not less than ten
nor more than twenty days before the day set therein for the hearing as
aforesaid, and shall also cause a copy thereof to be posted on the sign-
board of the town maintained pursuant to subdivision six of section
thirty of this chapter, not less than ten nor more than twenty days
before the day designated for the hearing as aforesaid. In the event
that the town maintains a website, such information may also be provided
on the website. Prior to the publication of a copy of the order, the
board shall cause to be prepared, and file for public inspection with
the town clerk, a detailed explanation of how the estimated cost of
hook-up fees, if any, to, and the cost of the district or extension to,
the typical property and, if different, the typical one or two family
home was computed.
S 3. Section 198 of the town law is amended by adding a new subdivi-
sion 10-h to read as follows:
10-H. TICK CONTROL DISTRICT. AFTER A TICK CONTROL DISTRICT HAS BEEN
ESTABLISHED, THE TOWN BOARD MAY TAKE SUCH ACTION AS MAY BE REQUIRED TO
ADOPT PLANS AND SPECIFICATIONS AND ENTER INTO A CONTRACT OR CONTRACTS,
OR TAKE SUCH OTHER ACTIONS AS MAY BE REQUIRED, AND SHALL BE AUTHORIZED
TO USE EVERY MEANS FEASIBLE AND PRACTICAL TO CONDUCT SURVEILLANCE AND
INVESTIGATIONS RELATED TO TICK POPULATIONS AND PRESENCE OF TICK-BORNE
DISEASES AND TO SUPPRESS TICKS WHICH ARE VECTORS OF HUMAN DISEASE
REQUIRING PUBLIC ACTION FOR THEIR CONTROL. SUCH MEASURES SHALL NOT BE
INJURIOUS TO WILDLIFE, HUMAN HEALTH, OR THE ENVIRONMENT.
S 4. Subdivision 3 of section 202 of the town law, as amended by chap-
ter 378 of the laws of 2012, is amended to read as follows:
S. 4439--A 3 A. 6316--A
3. The expense of the establishment of a park, public parking, water,
lighting, snow removal, water supply, water, water storage and distrib-
ution, sidewalk, refuse and garbage, aquatic plant growth control
district, ambulance district, harbor improvement district, watershed
protection improvement district, TICK CONTROL DISTRICT, public dock
district, fallout shelter district, or beach erosion control district,
and providing improvements or services, or both, therefor, and of
constructing lateral water mains pursuant to paragraph (b) of subdivi-
sion one of section one hundred ninety-nine OF THIS ARTICLE, shall be
assessed, levied and collected from the several lots and parcels of land
within the district for each purpose in the same manner and at the same
time as other town charges, except as otherwise provided by law. In the
event that any order adopted pursuant to section two hundred nine-d of
this chapter for the establishment of a water district, sidewalk
district, a public parking district, a refuse and garbage district, an
aquatic plant growth control district, lighting district, watershed
protection improvement district, TICK CONTROL DISTRICT, or beach erosion
and control district or that any petition for the establishment of a
water district, sidewalk district, a public parking district, a refuse
and garbage district, an aquatic plant growth control district, lighting
district, or beach erosion control district, shall contain a statement
that the cost of constructing the water system, sidewalks, lighting
system, or acquiring and improving lands for public parking or for
refuse and garbage purposes or for beach erosion control, or for
watershed protection improvement district or for aquatic plant growth
control, shall be assessed by the town board in proportion as nearly as
may be to the benefit which each lot or parcel will derive therefrom,
the amount to be raised for the payment of the principal and interest of
the bonds issued for the construction of the water system, sidewalks,
lighting system, or acquiring and improving lands for public parking or
for refuse and garbage purposes or for beach erosion control, or for
aquatic plant growth control, or for watershed protection improvement
district pursuant to such petition or order, shall be assessed on the
lands within such district in the same manner as provided in the case of
trunk sewers. The expense of constructing lateral water mains pursuant
to paragraph (c) of subdivision one of section one hundred ninety-nine
OF THIS ARTICLE shall be assessed, levied and collected from the several
lots and parcels of land within the district in proportion to the area
of such lot or parcel of land to the total area of the district.
S 5. Subdivision 2 of section 202-b of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal, refuse and garbage, public dock, watershed
protection improvement district, TICK CONTROL DISTRICT, or beach erosion
control district, and within the limitations of section one hundred
ninety-eight of this chapter, acquire additional apparatus and equipment
and replace obsolete, inadequate, damaged, destroyed or worn-out appara-
tus and equipment, and it may construct additional facilities and
appurtenances thereto or reconstruct or replace obsolete, inadequate,
damaged, destroyed or worn-out facilities and appurtenances thereto.
Such expenditure shall be authorized in the manner provided in subdivi-
sion one of this section, except that the map and plan described by said
subdivision one shall not be required. However, nothing herein contained
shall be construed to limit or supersede the provisions of section
seventy-two hundred three of the education law.
S. 4439--A 4 A. 6316--A
S 6. Subdivision 1 of section 209-a of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
1. the term "improvement district" shall include only a sewer, waste-
water disposal, drainage, water, park, public parking, lighting, snow
removal, water supply, sidewalk, refuse and garbage, aquatic plant
growth control, or watershed protection improvement district, TICK
CONTROL DISTRICT, or ambulance district in any town, and, in any town
bordering upon or containing within its boundaries any navigable water
of this state a public dock or beach erosion control district;
S 7. Subdivision 1 of section 209-d of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
1. Subsequent to the date of the filing of the map, plans and report
in the office of the town clerk as required in section two hundred
nine-c of this article the town board may adopt an order and enter the
same in the minutes of its proceedings reciting a description of the
boundaries of the proposed district or extension in a manner sufficient
to identify the lands included therein as in a deed of conveyance, the
improvements proposed, the maximum amount proposed to be expended for
the improvement, the estimated cost of hook-up fees, if any, to, and the
cost of the district or extension to, the typical property and, if
different, the typical one or two family home, the proposed method of
financing to be employed, the fact that a map, plan and report describ-
ing the same are on file in the town clerk's office for public
inspection and specifying the time when and the place where said board
will meet and hold a public hearing to hear all persons interested in
the subject thereof, concerning the same. If such order proposes only
the performance or supplying of certain services, it may state the maxi-
mum amount to be expended annually for such services. The board shall
cause a copy of such order to be published at least once in the official
paper, the first publication thereof to be not less than ten nor more
than twenty days before the day set therein for the hearing as afore-
said, and shall also cause a copy thereof to be posted on the sign-board
of the town maintained pursuant to subdivision six of section thirty of
this chapter, not less than ten nor more than twenty days before the day
designated for the hearing as aforesaid. Such order may further state
such place other than the town clerk's office where the map, plan and
report may be examined in advance of the hearing, if the town board
determines that, in the public interest, some other additional place is
necessary or desirable. If a water district, sidewalk district, a public
parking district, a refuse and garbage district, aquatic plant growth
control district, watershed protection improvement district, TICK
CONTROL DISTRICT, or beach erosion control district is proposed, such
order may contain a statement that the cost of constructing the water
system, sidewalks or acquiring lands for public parking or for refuse
and garbage purposes, or aquatic plant growth control purposes or for
beach erosion control or for watershed protection improvement purposes,
OR FOR TICK CONTROL DISTRICT PURPOSES, shall be assessed by the town
board in proportion as nearly as may be to the benefit which each lot or
parcel will derive therefrom. Prior to the publication of the order, the
board shall cause to be prepared, and file for public inspection with
the town clerk, a detailed explanation of how the estimated cost of
hook-up fees, if any, to, and the cost of the district or extension to,
the typical property and, if different, the typical one or two family
home, was computed.
S 8. This act shall take effect immediately.