S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8572
 
                           I N  A S S E M B L Y
 
                             January 11, 2024
                                ___________
 
 Introduced  by  M. of A. THIELE, PAULIN -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the village law, in relation  to  the  incorporation  of
   villages;  to amend a chapter of the laws of 2023 amending the village
   law relating to the incorporation of villages, as proposed in legisla-
   tive bills numbers S. 7538 and A. 7754, in relation to the  effective-
   ness  thereof;  and  to repeal certain provisions of such law relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  2-200 of the village law, as
 amended by a chapter of the laws of 2023 amending the village law relat-
 ing to the incorporation of villages, as proposed in  legislative  bills
 numbers S. 7538 and A. 7754, is amended to read as follows:
   1.  A territory containing a population of at least [two] ONE thousand
 FIVE HUNDRED persons who are regular inhabitants thereof, as hereinafter
 defined, may be incorporated as a village under  this  chapter  provided
 such  territory does not include a part of a city or village and further
 provided the limits of such territory:
   a. do not contain more than five square miles; or
   b. are coterminous with the entire boundaries of a school, fire,  fire
 protection, fire alarm, town special or town improvement district; or
   c.  are  coterminous  with  parts  of  the boundaries of more than one
 school, fire, fire protection, fire alarm, town special or town improve-
 ment district, all of which are wholly contained within such limits  and
 within one town; or
   d. are coterminous with the entire boundaries of a town.
   §  2.  Subparagraph 3 of paragraph b of subdivision 1 of section 2-202
 of the village law, as amended by a chapter of the laws of 2023 amending
 the village law relating to the incorporation of villages,  as  proposed
 in  legislative bills numbers S. 7538 and A. 7754, is amended to read as
 follows:
   (3) An allegation that such territory  contains  a  population  of  at
 least [two] ONE thousand FIVE HUNDRED regular inhabitants.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11709-09-4
 A. 8572                             2
 
   § 3. Paragraph e of subdivision 1 of section 2-206 of the village law,
 as  amended  by  a  chapter of the laws of 2023 amending the village law
 relating to the incorporation of villages, as  proposed  in  legislative
 bills numbers S. 7538 and A. 7754, is amended to read as follows:
   e. That such territory does not contain a population of at least [two]
 ONE thousand FIVE HUNDRED regular inhabitants;
   § 4. Paragraph g of subdivision 1 of section 2-206 of the village law,
 as  amended  by  a  chapter of the laws of 2023 amending the village law
 relating to the incorporation of villages, as  proposed in   legislative
 bills numbers S. 7538 and A. 7754, is REPEALED.
   §  5.  Section 2-260  of the village law, as added by a chapter of the
 laws of 2023 amending the village law relating to the  incorporation  of
 villages,    as   proposed in   legislative bills numbers S. 7538 and A.
 7754, is renumbered to be section 2-259.
   § 6. Section 5 of a chapter of the laws of 2023 amending  the  village
 law  relating  to the incorporation of villages, as proposed in legisla-
 tive bills numbers S. 7538 and A. 7754, is amended to read as follows:
   § 5. This act shall take effect [immediately; provided  however,  that
 for village incorporation petitions that have collected signatures prior
 to  the  effective date of this act, nothing in this act shall deem such
 petition signatures invalid; and provided further, that  the  provisions
 of  this  act  shall  apply  to  all such existing village incorporation
 petitions, including, without limitation, the new requirements  pursuant
 to  section  2-260  of  the village law; and provided further, that such
 existing village incorporation petitions shall be required to add  addi-
 tional  signatures,  if  necessary, to meet the new population threshold
 established by section 2-200 of the village law]  ON  JANUARY  1,  2024;
 PROVIDED  THAT  ANY VILLAGE INCORPORATION PETITIONS ASSOCIATED BY HAVING
 AT LEAST ONE COMMON PETITION SIGNATURE WITNESS  ON  EITHER  OF  THE  TWO
 PETITIONS  THAT  WERE INITIALLY FILED ON A DATE IN FEBRUARY 2017 AND MAY
 2019, RESPECTIVELY, IN A TOWN WITH A  POPULATION  OF  MORE  THAN  NINETY
 THOUSAND  AS  OF THE LATEST FEDERAL DECENNIAL CENSUS LOCATED IN A COUNTY
 WITH A POPULATION OF MORE THAN NINE HUNDRED THOUSAND AS  OF  THE  LATEST
 FEDERAL DECENNIAL CENSUS: (A) SHALL NOT BE SUBJECT TO THIS ACT AND SHALL
 CONTINUE TO BE SUBJECT TO THE PROVISIONS OF ARTICLE 2 OF THE VILLAGE LAW
 IN  EFFECT  AS  OF  JUNE  1, 2023, SO LONG AS SUCH VILLAGE INCORPORATION
 PROCESSES ARE CONCLUDED PRIOR TO  JANUARY  1,  2040;  AND  (B)  IF  SUCH
 PETITIONS  ARE  DENIED,  ANY  SUBSEQUENT VILLAGE INCORPORATION PETITIONS
 ASSOCIATED WITH SUCH PETITIONS SHALL ALSO CONTINUE TO BE SUBJECT TO  THE
 PROVISIONS OF ARTICLE 2 OF THE VILLAGE LAW IN EFFECT AS OF JUNE 1, 2023,
 SO  LONG  AS SUCH INCORPORATION PROCESSES ASSOCIATED WITH SUCH PETITIONS
 ARE COMPLETE PRIOR TO JANUARY 1, 2040.  PROVIDED FURTHER, THAT  FOR  ANY
 VILLAGE  INCORPORATION  PETITIONS THAT WERE INITIALLY FILED ON A DATE IN
 FEBRUARY 2017 AND MAY 2019, RESPECTIVELY, IN A TOWN WITH A POPULATION OF
 MORE THAN NINETY THOUSAND AS OF  THE  LATEST  FEDERAL  DECENNIAL  CENSUS
 LOCATED IN A COUNTY WITH A POPULATION OF MORE THAN NINE HUNDRED THOUSAND
 AS  OF  THE  LATEST  FEDERAL  DECENNIAL  CENSUS,  A STUDY ON THE FISCAL,
 SERVICE, AND TAXATION INTERESTS OF THE POPULATION WHICH WOULD CONSTITUTE
 THE RESIDENTS OF SUCH VILLAGE AND THE POPULATION WHICH  CONSTITUTES  THE
 RESIDENTS  OF SUCH TOWN IN WHICH SUCH VILLAGE WOULD BE ESTABLISHED SHALL
 BE PREPARED FOR SUCH PROPOSED VILLAGE INCORPORATION,  CONDUCTED  BY  THE
 CENTER  FOR  GOVERNMENT RESEARCH OR OTHER QUALIFIED INSTITUTION AND SUCH
 STUDY SHALL BE POSTED ON THE PUBLIC-FACING PORTION OF THE DEPARTMENT  OF
 STATE  WEBSITE FOR NINETY DAYS PRIOR TO THE COMMENCEMENT OF ANY REFEREN-
 DUM FOR THE APPROVAL OF SUCH A VILLAGE PURSUANT  TO  ARTICLE  2  OF  THE
 VILLAGE  LAW,  AND  PROVIDED  THAT WHERE ANY SUBSEQUENT VILLAGE INCORPO-
 A. 8572                             3
 
 RATION PETITIONS ASSOCIATED WITH SUCH PETITIONS SHALL BE FILED, THEN THE
 REQUIREMENTS OF THIS SECTION SHALL BE DEEMED SATISFIED BY THE  RE-PUBLI-
 CATION  OF  SUCH  STUDY,  AND  FURTHER  PROVIDED, HOWEVER, THAT (I) SUCH
 STATE-FUNDED  STUDY  SHALL BE SUBMITTED FOR POSTING ON THE PUBLIC-FACING
 PORTION OF THE DEPARTMENT OF STATE WEBSITE BY NO  LATER  THAN  APRIL  1,
 2024; (II) SUCH STUDY SHALL BE POSTED ON THE DEPARTMENT OF STATE WEBSITE
 NO  LATER  THAN THIRTY DAYS AFTER IT IS SUBMITTED FOR POSTING; AND (III)
 THE ADEQUACY OF ANY SUCH STATE-FUNDED CENTER FOR GOVERNMENT RESEARCH, OR
 OTHER QUALIFIED INSTITUTION CONDUCTED STUDY SHALL NOT  BE  A  BASIS  FOR
 OBJECTING TO THE VILLAGE INCORPORATION PETITION OR THE SCHEDULING OF ANY
 SUCH  REFERENDUM  FOR  APPROVAL  OF  SUCH VILLAGE; PROVIDED FURTHER, THE
 PROVISIONS OF THIS ACT SHALL NOT APPLY TO PETITIONS  WHERE  THERE  IS  A
 JOINT  NOTICE OF ELECTION SPECIFYING A DATE AND TIME OF THE ELECTION AND
 SIGNED BY THE TOWN CLERKS OF EACH  AFFECTED  TOWN  PURSUANT  TO  SECTION
 2-214 OF THE VILLAGE LAW, DATED DECEMBER 22, 2023 OR EARLIER.
   § 7. Severability. If any clause, sentence, paragraph, section or part
 of  this  act  or  application  thereof  to  any municipality, person or
 circumstances shall be adjudged by any court of  competent  jurisdiction
 to  be  invalid  or  unconstitutional,  such  judgment shall not affect,
 impair or invalidate the application of the  remainder  thereof  to  any
 municipalities,  persons and circumstances, but shall be confined in its
 operation to the clause, sentence, paragraph, section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered, and the legislature hereby declares that  it  would  have
 enacted  this  article  without the invalid provision or application, as
 the case may be, had such invalidity been apparent.
   § 8. This act shall take effect immediately,  provided  however,  that
 sections one, two, three, four and five of this act shall take effect on
 the  same  date  and in the same manner as a chapter of the laws of 2023
 amending the village law relating to the incorporation of  villages,  as
 proposed in legislative bills numbers S. 7538 and A. 7754, takes effect.