S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8411
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  amend  the  village  law,  in  relation to incorporation of
   villages; relating to directing a municipal re-organization study; and
   providing for the repeal of such provisions upon the expiration there-
   of

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2-208 of the village law is amended by adding a new
 subdivision 4 to read as follows:
   4.  THE  PROVISIONS CONTAINED IN THIS SECTION SHALL BE SUSPENDED UNTIL
 JULY 1, 2021.
   § 2. Municipal re-organization study. 1. The department  of  state  is
 hereby  authorized  and directed to conduct a study on the existing laws
 and regulations regarding the incorporation, merger, and dissolution  of
 municipalities  for  the purpose of making recommendations of amendments
 to said laws or regulations in order to better serve the needs of  resi-
 dents.  For the purpose of this study, municipality shall mean towns and
 villages.
   2. The study shall focus on the causes and consequences of the  incor-
 poration,  merger, and dissolution of municipalities. (a) When examining
 causes, the department shall consider, but not be limited to (i) examin-
 ing how often the process to dissolve, merge, or incorporate  a  munici-
 pality  is  initiated  and either succeeds or fails, (ii) the fiscal and
 economic conditions present in municipalities where a process  to  merge
 or dissolve was initiated, and the fiscal and economic conditions of the
 areas  of  existing municipalities where the process to incorporate part
 of them into a new municipality was  initiated,  (iii)  the  social  and
 demographic  conditions  of  the populations of municipalities where the
 process to merge, dissolve, or incorporate a new municipality was initi-
 ated, including how any  difference  between  populations  affected  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13267-04-9

 A. 8411                             2
 
 initiation  of  the process to incorporate, merge, or dissolve a munici-
 pality.
   (b)  When  examining  the  consequences, the department of state shall
 consider, but not be limited to (i) examining the  effects  to  property
 taxes  and municipal revenue from successful incorporations, mergers, or
 dissolutions of municipalities, including effects on  local  governments
 collocated with the affected municipalities, including school districts,
 library  districts,  sewer  districts,  and  any  other  special  taxing
 districts, (ii) the effect on the delivery of  public  services  to  the
 residents  of the municipalities affected by incorporations, mergers, or
 dissolutions of municipalities, and (iii) the effects  on  the  economic
 conditions  of  the municipalities affected by an incorporation, merger,
 or dissolution of a municipality.
   3. To the maximum extent feasible, the department of  state  shall  be
 entitled  to  request and receive and shall utilize and be provided with
 such facilities, resources and data of any department, division,  board,
 bureau,  commission  or agency of the state as it may reasonably request
 to properly carry out its responsibilities pursuant to this act.
   4. The department of state shall consult with the office of the  state
 comptroller,  associations  representing  towns  and villages, and local
 elected officials, when considering and developing  the  recommendations
 of  amendments  to  existing laws and regulations governing the incorpo-
 ration, merger, and dissolution of municipalities.
   5. The department of state shall within one year of the effective date
 of this act submit a report of the findings, conclusions and recommenda-
 tion of amendments from the study to the governor, the  speaker  of  the
 assembly,  the  temporary  president  of  the  senate, the chairs of the
 senate finance committee and the assembly ways and means committee,  and
 the chairs of the senate and assembly local government committees.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall apply to any petitions  for  incorporation
 submitted  pursuant  to  section  2-202 of the village law and currently
 pending without final disposition on  or  after  January  1,  2019;  and
 provided,  further, that this act shall expire and be deemed repealed on
 and after July 1, 2021.