NY State Senate Bill 2019-S3087

Senate Bill S3087

2019-2020 Legislative Session

Relates to the establishment and operation of a hamlet district to continue to provide village services upon the dissolution of a village

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Feb 01, 2019	referred to local government

2019-S3087 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd 203-a, Town L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2014
2017-2018: S1716

2019-S3087 (ACTIVE) - Summary

Relates to the establishment and operation of a hamlet district to continue to provide village services upon the dissolution of a village.

2019-S3087 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3087

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the town law, in relation to the establishment and oper-
ation of a hamlet district to continue to provide village services upon
the dissolution of a village

 
PURPOSE:

The goal of this bill is to allow villages to dissolve but allow for
continued services to a resulting Hamlet without resorting to the
creation of other districts, such as water or fire districts, within the
Town. This gives village residents a level of safety and comfort when
confronting a decision on whether or not to dissolve a village.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new section 203-a to the town law. Subdivision 1
empowers the town board to create a hamlet district to continue to

provide residents of a dissolved village with services. Subdivision 2
assigns the obligations accrued in relation to the provision of services
to the town. Subdivision 3 assigns the hamlet district the duties and
functions of the dissolved village and charges the services to the taxa-
ble property within the boundaries of the dissolved village. Subdivision
4 addresses the phasing period and the composition of the governing body
of the hamlet district. In the first year, the mayor and two trustees of
the dissolved village and two trustees of the town board shall govern
the new specified district. The second year two trustees of the village,
two town board members and the town supervisor shall govern. Thereafter
the town board shall govern the hamlet district. The purpose of this
section is to transfer the operation and management of village services
gradually from village officials and former village officials that have
knowledge about the provision of former village services to the town
officials.

 
JUSTIFICATION:

Allowing for the creation. of a Hamlet District to continue necessary
services once provided by a now-dissolved Village is a cost saving meas-
ure. This Bill creates a mechanism so that villages may more easily be
dissolved without the residents of such former village experiencing a
gap or lack in necessary services. The citizens of a hamlet and town at
large should not have to endure an expensive and time consuming process
to create districts for services once provided by a village. This Bill
is designed to address the concerns of citizens regarding uninterrupted
necessary services while facing a vote on whether to dissolve a village.
A level of comfort concerning services provided by a village will
encourage a responsible vote by the residents.

Another goal is to encourage smaller villages to dissolve and then
transfer the provision of services to one special district governed by
the town board, the net effect of which is to lower the cost of such
services. A hamlet district would assume the village role in providing
services as a singular entity as opposed to creating numerous services
districts such as fire, water, sewer, police protection, and so forth to
replace the former village municipal services. An existing town hoard is
able to provide for a comprehensive list of municipal functions without
the necessity and expense of having village officers such as secre-
taries, clerk, board of trustees, planning board, or assessors. However,
a phasing period may he necessary to ensure continued, reliable service
and thus this bill allows for former Village Trustees and the mayor to
maintain a presence in the governing body for two years and impart their
specialized local knowledge as it phases over to total town board
control in the third year.

 
LEGISLATIVE HISTORY:

2017-18: S1661 - LOCAL GOV'T
2015-16: S2014 - Local Government
2011-12: S4297 - Local Government Committee

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3087 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3087
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, in relation to the establishment and oper-
   ation of a hamlet district to continue  to  provide  village  services
   upon the dissolution of a village

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The town law is amended by adding a new  section  203-a  to
 read as follows:
   §  203-A.  HAMLET  DISTRICT.  1. NOTWITHSTANDING ANY PROVISION OF THIS
 ARTICLE TO THE CONTRARY, THE TOWN BOARD OF THE TOWN IN WHICH  A  VILLAGE
 DISSOLVES  ITSELF  PURSUANT TO TITLE THREE OF ARTICLE SEVENTEEN-A OF THE
 GENERAL MUNICIPAL LAW, MAY ELECT  TO  ESTABLISH  A  HAMLET  DISTRICT  TO
 PROVIDE ALL SERVICES TO THE RESIDENTS OF THE DISSOLVED VILLAGE, PRIOR TO
 THE  DISSOLUTION, PURSUANT TO ARTICLES EIGHT, TEN, ELEVEN, TWELVE, THIR-
 TEEN, FOURTEEN, FIFTEEN AND TWENTY-TWO OF THE VILLAGE LAW.
   2. ALL DEBTS, LIABILITIES AND OBLIGATIONS  RELATING  TO  THE  SERVICES
 FORMERLY  PROVIDED BY THE DISSOLVED VILLAGE SHALL BE ASSUMED BY THE TOWN
 PURSUANT TO SECTION SEVEN HUNDRED NINETY OF THE GENERAL MUNICIPAL LAW.
   3. UPON THE ESTABLISHMENT OF A HAMLET DISTRICT,  SUCH  DISTRICT  SHALL
 ASSUME THE DUTIES AND FUNCTIONS OF THE DISSOLVED VILLAGE AND CONTINUE TO
 PROVIDE  THE  SERVICES THERETOFORE PROVIDED BY SUCH VILLAGE. THE COST OF
 SUCH SERVICES SHALL BE A CHARGE UPON THE  TAXABLE  PROPERTY  WITHIN  THE
 DISSOLVED VILLAGE.
   4.  DURING THE FIRST YEAR OF THE ESTABLISHMENT OF THE HAMLET DISTRICT,
 SUCH DISTRICT SHALL BE GOVERNED BY A BOARD CONSISTING OF THE  MAYOR  AND
 TWO TRUSTEES OF THE DISSOLVED VILLAGE, AND TWO MEMBERS OF THE TOWN BOARD
 OF  THE  TOWN.  DURING  THE  SECOND  YEAR AFTER THE ESTABLISHMENT OF THE
 HAMLET DISTRICT, SUCH DISTRICT SHALL BE GOVERNED BY A  BOARD  CONSISTING
 OF  TWO  TRUSTEES  OF  THE DISSOLVED VILLAGE, AND THE SUPERVISOR AND TWO
 TOWN BOARD MEMBERS OF THE TOWN. THEREAFTER THE HAMLET DISTRICT SHALL  BE
 GOVERNED BY THE TOWN BOARD.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06387-01-9

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