S T A T E O F N E W Y O R K
________________________________________________________________________
1019--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Local Governments -- recommitted to the Committee on Local
Governments in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
DECEMBER 31, 2024.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01774-02-2
A. 1019--A 2
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
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, 2021; and
provided, further, that this act shall expire and be deemed repealed on
and after December 31, 2024.