NY State Senate Bill 2017-S1855

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to local government
Jun 21, 2017	committed to rules
Mar 01, 2017	advanced to third reading
Feb 28, 2017	2nd report cal.
Feb 14, 2017	1st report cal.230
Jan 11, 2017	referred to local government

Votes

- Feb 14, 2017 - Local Government Committee Vote
  S1855
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Local Government Committee Vote: Feb 14, 2017
      
      aye (5)
      
      Boyle
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      aye wr (4)
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Latimer

2017-S1855 (ACTIVE) - Details

See Assembly Version of this Bill:: A2871
Current Committee:: Senate Local Government
Law Section:: Village Law
Laws Affected:: Amd §§2-200, 2-202, 2-204, 2-206 & 2-208, rpld §2-200 sub 2, add §2-201, Vil L

2017-S1855 (ACTIVE) - Summary

Alters the procedure for village incorporation with respect to determining population and objections to the petition for incorporation.

2017-S1855 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1855            Revised 01/31/18

SPONSOR: CROCI
 
TITLE OF BILL:

An act to amend the village law, in relation to the procedure for
village incorporation and to repeal subdivision 2 of section 2-200 of
such law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would alter the procedure for village incorporation with
respect to determining population and objections to the petition for
incorporation.

 
SUMMARY OF PROVISIONS:

Section one provides that population for purposes of petitioning for the
incorporation of a village shall be determined by the most recent feder-
al census.

Section two repeals subdivision 2 of section 2-200 of the village law,
which is no longer needed in light of the fact that population will be
determined based on the most recent federal census.

Section three amends the village law to require a feasibility study
prior to the circulation of a petition for incorporation.

Section four requires that an executive summary of the feasibility study
be included in the petition for incorporation.

Section five requires that the feasibility study be attached as an
exhibit to each copy of a petition for incorporation.

Section six allows the supervisor to consider whether the petition is in
the overall public interest.

Section seven makes a corresponding change to the incorporation hearing
process.

Section eight makes a corresponding change regarding the determination
of population.

Section nine makes a corresponding change to the grounds for objecting
to a petition for incorporation.

Section ten makes a technical change to the form of a Decision on a
Petition for Incorporation.

Section eleven contains a severability clause.

Section twelve provides that this act shall take effect immediately.

 
JUSTIFICATION:

It is not the intent of this legislation to hinder incorporation rather,
it is designed to provide a more concise and definite process. Under
this proposal, the village incorporation law would be revised in three
basic ways: First, before a petition for village incorporation could be
circulated and filed, a feasibility study would be required to be
completed that includes: 1) a proposed operating budget for the territo-
ry to be incorporated; 2) a proposed capital budget for the area to be
incorporated; 3) a description of services that would be provided by the
proposed village and how those services would be delivered; and 4) the
estimated property tax impact for a five-year period on the territory to
be incorporated and the remaining area of the town or towns. Second, the
Tower Supervisor, in considering a petition, would consider the overall
public interest in addition to legal sufficiency. Third, the population
requirement would be clarified.

Under current law, there is no feasibility study requirement. Also,
current law only allows the Town Supervisor to consider the legal suffi-
ciency of the petition. Finally, the law utilizes a definition of "regu-
lar inhabitant" in determining population which has become the subject
of different interpretations. This definition would be replaced by
determining population on the basis of the United States Census numbers.
This process can assist people in making an informed decision based on
fact.

 
LEGISLATIVE HISTORY:

S6503 of 2011/12: Referred to Local Government

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S1855 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1855
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the village  law,  in  relation  to  the  procedure  for
   village  incorporation and to repeal subdivision 2 of section 2-200 of
   such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision 1 of section 2-200 of
 the village law is amended to read as follows:
   A territory containing a population of at least five  hundred  persons
 [who are regular inhabitants thereof, as hereinafter defined,] AS DETER-
 MINED BY THE MOST RECENT FEDERAL CENSUS may be incorporated as a village
 under  this chapter provided such territory does not include a part of a
 city or village and further provided the limits of such territory:
   § 2. Subdivision 2 of section 2-200 of the village law is REPEALED.
   § 3. The village law is amended by adding a new section 2-201 to  read
 as follows:
   §  2-201 FEASIBILITY STUDY. BEFORE A PETITION FOR INCORPORATION MAY BE
 CIRCULATED PURSUANT TO SECTION 2-202  OF  THIS  ARTICLE,  A  FEASIBILITY
 STUDY  SHALL FIRST BE PREPARED. SUCH FEASIBILITY STUDY SHALL INCLUDE THE
 FOLLOWING:
   1. A PROPOSED OPERATING BUDGET FOR THE TERRITORY TO BE INCORPORATED;
   2. A PROPOSED CAPITAL BUDGET FOR THE AREA TO BE INCORPORATED;
   3. A DESCRIPTION OF  THE  SERVICES  THAT  WOULD  BE  PROVIDED  BY  THE
 PROPOSED VILLAGE AND HOW THOSE SERVICES WOULD BE DELIVERED; AND
   4.  THE  ESTIMATED  PROPERTY  TAX IMPACT FOR A FIVE YEAR PERIOD ON THE
 TERRITORY TO BE INCORPORATED AND THE  REMAINING  AREA  OF  THE  TOWN  OR
 TOWNS.
   §  4. Paragraph b of subdivision 1 of section 2-202 of the village law
 is amended by adding a new subparagraph 7 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02270-01-7

 S. 1855                             2
 
   (7) AN EXECUTIVE SUMMARY OF THE FEASIBILITY STUDY, INCLUDING THE ESTI-
 MATED REAL PROPERTY TAX IMPACT ON THE TERRITORY TO BE  INCORPORATED  AND
 THE REMAINING AREA OF THE TOWN OR TOWNS.
   §  5. Paragraph c of subdivision 1 of section 2-202 of the village law
 is amended by adding a new subparagraph 3 to read as follows:
   (3) A COPY OF THE FEASIBILITY STUDY.
   § 6. Section 2-204 of the village law, as amended  by  section  25  of
 part X of chapter 62 of the laws of 2003, is amended to read as follows:
   § 2-204 Notice of hearing. Within twenty days after the filing of such
 petition  or  copies  thereof, each supervisor with whom same were filed
 shall cause to be posted in five public places  in  that  part  of  such
 territory located in his town and also to be published at least twice in
 the newspaper or newspapers designated pursuant to subdivision eleven of
 section  sixty-four of the town law, a joint notice of all such supervi-
 sors: that a petition for the incorporation of the  village  of  (naming
 it)  has  been received; that at a place in such territory and on a day,
 not less than twenty nor more than thirty days after  the  date  of  the
 posting and first publication of such notice, which date and place shall
 be  specified  therein,  a  hearing will be had upon such petition; that
 such petition will be available for public inspection in the  office  of
 each  town clerk until the date of such hearing; that the purpose of the
 hearing is to consider the legal sufficiency of the petition AND WHETHER
 SUCH PETITION IS IN THE OVERALL PUBLIC INTEREST; that objections to [the
 legal sufficiency of] the petition must be in writing and signed by  one
 or  more  of  the  residents of such town; and that any group of persons
 having one or more objections in common may make designation in  writing
 and signed by them of at least one but no more than three persons giving
 the  full  names and addresses on whom and at which addresses all papers
 required to be served in connection with  the  proceeding  for  incorpo-
 ration shall be served. A majority of such designees must reside in such
 town  or towns. In the absence of any other suitable place, such hearing
 shall be held in a school building, if any, located in  such  territory.
 If  such territory is located in more than one town the hearing shall be
 noticed and publicized as a joint hearing of all  such  towns.  For  the
 purposes  of  this  section,  in  the  event  that  the town maintains a
 website, one of the posting requirements required by this section may be
 fulfilled by posting such information on the town's website.
   § 7. The opening paragraph of subdivision 1 of section  2-206  of  the
 village law is amended to read as follows:
   The supervisor, or supervisors if a joint hearing, with whom the peti-
 tion  or  copies  thereof,  were filed, shall meet at the time and place
 specified in  such  notice  and  shall  hear  objections  which  may  be
 presented  as  to  [the  legal sufficiency of] the petition for incorpo-
 ration based upon any of the following grounds:
   § 8. Paragraph f of subdivision 1 of section 2-206 of the village  law
 is amended to read as follows:
   f.  That such territory does not contain a population of at least five
 hundred [regular inhabitants] AS DETERMINED BY THE MOST  RECENT  FEDERAL
 CENSUS;
   §  9. Paragraph g of subdivision 1 of section 2-206 of the village law
 is relettered paragraph h and a new paragraph g  is  added  to  read  as
 follows:
   G. THAT THE PROPOSED INCORPORATION IS NOT IN THE OVERALL PUBLIC INTER-
 EST:  (I)  OF  THE  TERRITORY  PROPOSED  TO BE INCORPORATED; OR (II) THE
 REMAINING AREA OF THE TOWN OR TOWNS IN WHICH SUCH TERRITORY IS LOCATED;

 S. 1855                             3
 
   § 10. The section heading of section  2-208  of  the  village  law  is
 amended to read as follows:
   Decision [as to legal sufficiency of petition].
   § 11.  If any clause, sentence, paragraph, section or part of this act
 shall  be adjudged by any court of competent jurisdiction to be invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof, but shall be confined in its operation  to  the  clause,  sentence,
 paragraph,  section or part thereof directly involved in the controversy
 in which such judgment shall have been rendered.
   § 12. This act shall take effect immediately.

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Senate Bill S1855

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

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Votes

Feb 14, 2017 - Local Government Committee Vote

Local Government Committee Vote: Feb 14, 2017

2017-S1855 (ACTIVE) - Details

2017-S1855 (ACTIVE) - Summary

2017-S1855 (ACTIVE) - Sponsor Memo

2017-S1855 (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S1855

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Votes

2017-S1855 (ACTIVE) - Details

2017-S1855 (ACTIVE) - Summary

2017-S1855 (ACTIVE) - Sponsor Memo

2017-S1855 (ACTIVE) - Bill Text download pdf

Comments