S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5793--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the village law, in relation  to  the  requirements  for
   village incorporation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of  subdivision  1  of  section  2-202  of  the
 village  law  is amended by adding two new subparagraphs 7 and 8 to read
 as follows:
   (7) AN ALLEGATION THAT SUCH PROPOSED INCORPORATION IS IN  THE  OVERALL
 PUBLIC  INTEREST OF EACH OF THE FOLLOWING: (I) THE TERRITORY PETITIONING
 TO BE INCORPORATED, (II) ANY REMAINING AREA OF  THE  TOWN  OR  TOWNS  IN
 WHICH  SUCH  TERRITORY  IS  LOCATED, AND (III) ANY SCHOOL DISTRICT, FIRE
 DISTRICT, FIRE PROTECTION DISTRICT, OR TOWN IMPROVEMENT DISTRICT LOCATED
 WHOLLY OR PARTLY WITHIN SUCH TERRITORY.
   (8) AN ALLEGATION THAT SUCH PROPOSED INCORPORATION IS CONSISTENT  WITH
 AND  WOULD  NOT  SUBSTANTIALLY  IMPAIR  THE ACHIEVEMENT OF THE GOALS AND
 OBJECTIVES SET FORTH IN THE ADOPTED COMPREHENSIVE OR MASTER PLAN ENACTED
 BY THE TOWN OR TOWNS LOCATED WITHIN THE TERRITORY  PURSUANT  TO  SECTION
 TWO HUNDRED SEVENTY-TWO-A OF THE TOWN LAW.
   §  2.  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 OR HER town, AND ALSO TO BE POSTED IN AT  LEAST
 FIVE  PUBLIC  PLACES  IN THE REMAINING TERRITORY OF SUCH TOWN, INCLUDING
 OTHER INCORPORATED VILLAGES ALSO LOCATED IN SUCH TOWN, and  also  to  be
 published  at  least  twice  in  the  newspaper or newspapers designated
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11669-04-9

 S. 5793--A                          2
 
 pursuant to subdivision eleven of section sixty-four of the town law,  a
 joint  notice  of all such supervisors: that a petition for the incorpo-
 ration 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 thir-
 ty  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; that objections to the legal sufficiency of
 the petition must be in writing and signed by one or more of  the  resi-
 dents  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  incorporation  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 terri-
 tory 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  post-
 ing such information on the town's website.
   §  3. Paragraph g of subdivision 1 of section 2-206 of the village law
 is amended to read as follows:
   g. THAT SUCH PETITION DOES NOT CONTAIN THE REQUIRED ALLEGATIONS AS SET
 FORTH IN SUBPARAGRAPHS SEVEN AND EIGHT OF PARAGRAPH B OF SUBDIVISION ONE
 OF SECTION 2-202 OF THIS ARTICLE, OR IF THE ALLEGATIONS ARE INCLUDED  IN
 SUCH  PETITION,  THAT  SUCH  ALLEGATIONS  ARE NOT SUPPORTED BY AVAILABLE
 EVIDENCE; OR
   H. That the petition in any other specified respect does  not  conform
 to the requirements of this article.
   § 4. Section 2-208 of the village law is amended to read as follows:
   §  2-208  Decision  as to legal sufficiency of petition. 1. Within ten
 days after such hearing  is  concluded  the  supervisor  or  supervisors
 jointly  shall determine whether the petition complies with the require-
 ments of this article and jointly shall make and sign a decision accord-
 ingly. If such supervisors cannot agree, the decision shall be deemed to
 be adverse to the petition. If the decision be adverse to the  petition,
 the decision shall contain a brief statement of the reasons on which the
 adverse  decision  is  based  or  the reasons on which the supervisor or
 supervisors deciding adversely to the petition were unable to join in  a
 unanimous  decision  sustaining  the petition. PROVIDED, HOWEVER, IF THE
 ADVERSE DECISION IS PREDICATED ON AN  'OVERALL  INTEREST'  DETERMINATION
 PURSUANT  TO  SUBPARAGRAPH  SEVEN  OF  PARAGRAPH B OF SUBDIVISION ONE OF
 SECTION 2-202 OF THIS ARTICLE, THE  DECISION  MUST  CONTAIN  A  DETAILED
 EXPLANATION THAT INCLUDES, BUT IS NOT LIMITED TO, HOW SUCH INCORPORATION
 WOULD  SUBSTANTIALLY  IMPAIR  SUCH  TOWN'S COMPREHENSIVE OR MASTER PLAN,
 ESTABLISHED PURSUANT TO SECTION TWO HUNDRED SEVENTY-TWO-A  OF  THE  TOWN
 LAW,  OR  ENACTED  ZONING LAWS ESTABLISHED BY SUCH TOWN OR TOWNS LOCATED
 WITHIN THE TERRITORY.
   2. The original of the decision, copies of the notice of  the  hearing
 together  with  affidavits  of  posting and publishing same, the written
 objections and the minutes of proceedings taken on the hearing including
 signed testimony shall be filed by such supervisor or supervisors within

 S. 5793--A                          3
 
 fifteen days after the hearing is concluded, with the town clerk of  the
 same  town  in which the original copy of the petition was filed. Dupli-
 cate copies of the said papers shall be filed with the  town  clerks  of
 all other towns in which any part of such territory is located.
   3. If no proceeding be instituted to review such decision within thir-
 ty  days  after  such  filing of the original copy thereof, the decision
 shall be final and conclusive. In the event that the decision is adverse
 to the petition, a new proceeding for  incorporation  may  be  commenced
 immediately;  PROVIDED,  HOWEVER,  IN  THE  EVENT AN ADVERSE DECISION IS
 BASED ON AN 'OVERALL INTEREST' DETERMINATION  PURSUANT  TO  SUBPARAGRAPH
 SEVEN  OF PARAGRAPH B OF SUBDIVISION ONE OF  SECTION 2-202 OF THIS ARTI-
 CLE, THE DECISION SHALL NOT BE FINAL AND CONCLUSIVE  UNTIL  RATIFIED  BY
 RESIDENTS  QUALIFIED  TO VOTE FOR TOWN OFFICES OF A TOWN IN WHICH ALL OR
 PART OF SUCH TERRITORY OF THE PROPOSED  VILLAGE  IS  LOCATED  CONSISTENT
 WITH SUBDIVISION TWO OF SECTION 2-212 OF THIS ARTICLE.
   §  5.  Section  2-212  of  the  village law is amended by adding a new
 subdivision 2 to read as follows:
   2. A DETERMINATION PURSUANT TO SUBPARAGRAPH SEVEN OF  PARAGRAPH  B  OF
 SUBDIVISION  ONE  OF SECTION 2-202 OF THIS ARTICLE SHALL BE SUBMITTED TO
 THE RESIDENTS QUALIFIED TO VOTE FOR TOWN OFFICES OF A TOWN IN WHICH  ALL
 OR  PART  OF SUCH TERRITORY OF THE PROPOSED VILLAGE IS LOCATED AT EITHER
 THE FOLLOWING TOWN-WIDE ELECTION,  OR  GENERAL  ELECTION,  WHICHEVER  IS
 SOONER.  IN  THE  EVENT NO TOWN-WIDE OR GENERAL ELECTION IS SCHEDULED TO
 TAKE PLACE WITHIN ONE HUNDRED TWENTY DAYS FROM THE DATE OF  THE  ADVERSE
 DECISION,  THE  TOWN  SHALL  SCHEDULE AN ELECTION TO DECIDE THE INCORPO-
 RATION OF THE PROPOSED VILLAGE WITHIN ONE HUNDRED TWENTY DAYS  FROM  THE
 DATE OF THE ADVERSE DECISION.
   §  6.  Section  2-214  of the village law, as amended by section 26 of
 part X of chapter 62 of the laws of 2003, is amended to read as follows:
   § 2-214 Notice of election. Within ten days  after  the  right  to  an
 election is complete the town clerk of each town in which any portion of
 such territory is located shall cause to be posted in five public places
 in  that  part of such territory located in such town, AND FOR ELECTIONS
 HELD PURSUANT TO SUBDIVISION TWO OF SECTION 2-212 OF THIS ARTICLE,  ALSO
 POSTED IN AT LEAST FIVE PUBLIC PLACES IN THE REMAINING TERRITORY OF SUCH
 TOWN,  INCLUDING  ANY  OTHER INCORPORATED VILLAGES LOCATED IN SUCH 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 by the clerks of  all  such  towns  that  at  a
 convenient place in such territory, between the hours of [twelve o'clock
 noon]  SIX O'CLOCK IN THE MORNING and nine o'clock in the evening and on
 a day not less than twenty nor more than thirty days after the  date  of
 the  posting and first publication, which date and place OR PLACES shall
 be specified therein, an election will be held to determine whether  the
 proposed  village  of (naming it) shall be incorporated.  THERE SHALL BE
 AT LEAST ONE POLLING LOCATION FOR EACH TEN  THOUSAND  QUALIFIED  VOTERS.
 Such  election  shall  not  be  held on a day of a town election or of a
 general election in a town in  which  any  part  of  such  territory  is
 located,  UNLESS  SUCH  ELECTION  IS HELD PURSUANT TO SUBDIVISION TWO OF
 SECTION 2-212 OF THIS ARTICLE. 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. Section 2-216 of the village law is amended to read as follows:
   §  2-216  Qualification  of  voters.   Each resident in such territory
 qualified to vote for town officers may vote at such election; PROVIDED,

 S. 5793--A                          4
 
 HOWEVER, THAT FOR ELECTIONS HELD PURSUANT TO SUBDIVISION TWO OF  SECTION
 2-212  OF THIS ARTICLE, ALL RESIDENTS QUALIFIED TO VOTE FOR TOWN OFFICES
 IN A TOWN IN WHICH ALL OR PART OF SUCH TERRITORY OF THE PROPOSED VILLAGE
 IS LOCATED MAY VOTE.
   §  8. Subdivisions 1 and 3 of section 2-218 of the village law, subdi-
 vision 3 as amended by section 27 of part X of chapter 62 of the laws of
 2003, are amended to read as follows:
   1. Preparation. It shall be the duty of the  clerk  of  each  town  in
 which a portion of such [teritory] TERRITORY is located to make and file
 in his OR HER office, at least ten days before such election an accurate
 list  of  voters,  alphabetically arranged, who are qualified to vote at
 such election. Such list shall be  copied  from  the  registration  poll
 records  for  the last preceding general election, and shall be modified
 in accordance with whatever information  the  town  clerk  may  have  or
 receive from the board of elections.
   3. Notice of availability of list for inspection and additions. Within
 ten  days  after  the right to an election is complete the town clerk of
 each town in which any portion of such territory is located shall  cause
 to  be  posted  in  five  public  places  in that part of such territory
 located in such town, AND FOR ELECTIONS HELD PURSUANT TO SUBDIVISION TWO
 OF SECTION 2-212 OF THIS ARTICLE, ALSO BE POSTED IN AT LEAST FIVE PUBLIC
 PLACES IN THE REMAINING TERRITORY OF SUCH TOWN, INCLUDING OTHER INCORPO-
 RATED VILLAGES ALSO LOCATED IN SUCH TOWN, and also to  be  published  at
 least twice in the newspaper or newspapers designated pursuant to subdi-
 vision  eleven  of  section sixty-four of the town law, a notice: that a
 registration list of voters qualified to vote at such election  will  be
 available  for  inspection  in  his  OR  HER office between the hours of
 twelve o'clock noon and nine o'clock in the evening on a  day  specified
 therein  which  day shall not be on a Sunday and shall be at least three
 days prior to such election; that at said time and place said list  will
 be  available  for  inspection by the public; and also that at said time
 and place persons claiming to be qualified  to  vote  at  such  election
 whose  names  are  not  on  such  list  may, upon presentation of proper
 proofs, have their  names  added  thereto.  For  the  purposes  of  this
 section,  in  the  event  that  the town maintains a website, one of the
 posting requirements required by this subdivision may  be  fulfilled  by
 posting such information on the town's website.
   § 9. Section 2-226 of the village law is amended to read as follows:
   §  2-226  Notice of proceeding for review of election. A person insti-
 tuting a proceeding under section 2-224 of this article  shall  serve  a
 copy  of the verified petition on which same is to be heard on each town
 clerk with whom the original or a copy of the  certificate  of  election
 was  filed  and  also  upon  each  person designated in the petition for
 incorporation, or designated in written objections to said petition,  to
 receive service of papers in connection with the proceeding for incorpo-
 ration.  In addition the person instituting such proceedings shall cause
 copies  of such petition to be posted in five conspicuous places in such
 territory, AND FOR ELECTIONS HELD PURSUANT TO SUBDIVISION TWO OF SECTION
 2-212 OF THIS ARTICLE, ALSO BE  POSTED  IN  AT  LEAST  FIVE  CONSPICUOUS
 PUBLIC  PLACES  IN THE REMAINING TERRITORY OF SUCH TOWN, INCLUDING OTHER
 INCORPORATED VILLAGES ALSO LOCATED IN SUCH TOWN.
   § 10. This act shall take effect immediately and shall  apply  to  all
 petitions  to form a new village for which a decision as to legal suffi-
 ciency has not yet been made. A petition to form a new village that  has
 been  submitted prior to the effective date of this act shall be amended
 by the filers of said petition to include the  required  allegations  as

 S. 5793--A                          5
 
 set  forth  in  subparagraphs 7 and 8 of paragraph b of subdivision 1 of
 section 2-202 of the village law, as added by section one of  this  act,
 prior to the review of the legal sufficiency of the petition by the town
 supervisor  or  supervisors  of  the town or towns in which the proposed
 village is located.