NY State Senate Bill 2019-S6473

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
Jun 12, 2019	referred to rules

co-Sponsors

2019-S6473 (ACTIVE) - Details

See Assembly Version of this Bill:: A8411
Current Committee:: Senate Local Government
Law Section:: Village Law
Laws Affected:: Amd §2-208, Vil L
Versions Introduced in 2021-2022 Legislative Session:: S1314, A1019

2019-S6473 (ACTIVE) - Summary

Suspends certain provisions relating to petitions for incorporation of a village until July 1, 2021; directs the department of state 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 such laws.

2019-S6473 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6473

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the village law, in relation to incor-
poration of villages; relating to directing a municipal re-organization
study; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE:

To freeze incorporations of any new villages in New York State while a
study is conducted to assess existing laws and regulations on the incor-
poration, merger, and dissolution of towns and villages and to come up
with recommendations for improvements to the process.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill suspends the statutory authorization for town
supervisors to render a final determination on the legal sufficiency of
any petition for incorporation submitted under Article 2 of the Village
Law until July 1, 2021.

Section 2 of the bill mandates that the Department of State conduct a
Municipal re-organization study. This is 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 this purpose of this study, municipality shall mean towns and
villages, only.

The study shall focus on the causes and consequences of the incorpo-
ration, merger, and dissolution of municipalities. When examining caus-
es, the department shall consider how often the process to dissolve,
merge, or incorporate a municipality is initiated and either succeeds or
fails, and the fiscal, economic, social and demographic conditions of
the populations of municipalities where the process to merge, dissolve,
or incorporate were initiated. When examining the consequences, the
department shall consider the effects to property taxes and municipal
revenue including effects to local governments collocated with the
affected municipalities and the effect on the delivery of public
services to the residents of the municipalities.

The department shall consult with the office of the state comptroller,
associations representing towns and villages, and local elected offi-
cials, when considering and developing the recommendations of amendments
to existing laws and regulations.

The department shall within one year of the enactment of this act submit
a report of the findings, conclusions and recommendation of amendments
from the study to the Governor, the Speaker of the Assembly, the Tempo-
rary 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 Governments committees.

Section 3 creates an effective date.

 
JUSTIFICATION:


This bill is designed to institute a comprehensive review of current
laws and regulations related to the formation of new political subdivi-
sions in New York State. The review commissioned by this bill shall
assess the frequency of the creation of new municipal subdivisions, and
whether the current process has resulted in any undue impacts on local
governments, school districts, commercial development, business, and
taxpayers. During the commission of this study, the formation of new
political subdivisions will be temporarily frozen so as to allow policy-
makers to analyze findings and consider policy recommendations to best
determine whether modifications need to be made to the existing incorpo-
ration process, if any.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Immediately

2019-S6473 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6473
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 12, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 6473                             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.

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Senate Bill S6473

Sponsored By

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

co-Sponsors

2019-S6473 (ACTIVE) - Details

2019-S6473 (ACTIVE) - Summary

2019-S6473 (ACTIVE) - Sponsor Memo

2019-S6473 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6473

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Sponsored By

James Gaughran

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

co-Sponsors

James Skoufis

2019-S6473 (ACTIVE) - Details

2019-S6473 (ACTIVE) - Summary

2019-S6473 (ACTIVE) - Sponsor Memo

2019-S6473 (ACTIVE) - Bill Text download pdf

Comments