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Assembly Bill A9417

2023-2024 Legislative Session

Proposes a constitutional amendment relating to the formation of new towns

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Archive: Last Bill Status - In Assembly Committee

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2023-A9417 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Add Art 9 §4, Constn
Versions Introduced in 2025-2026 Legislative Session:
A3855

2023-A9417 (ACTIVE) - Summary

Proposes changes to article 9 of the constitution in relation to the formation of new towns by drawing a map and preparing a charter of the proposed town and preparing a petition relating thereto.

2023-A9417 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9417
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
   tee on Local Governments
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  an amendment to article 9 of the constitution, in relation to
   the formation of new towns
 
   Section 1. Resolved (if the Senate concur),  That  article  9  of  the
 constitution be amended by adding a new section 4 to read as follows:
   § 4. OWNERS OF PARCELS OF LAND THAT ARE ADJACENT TO EACH OTHER OR ONLY
 SEPARATED  BY A ROAD, HIGHWAY, RAILROAD, BODY OF WATER, AND/OR A WATERC-
 OURSE WITHIN A SINGLE COUNTY MAY SEPARATE FROM ANY CITY OR CITIES AND/OR
 TOWN OR TOWNS WHOSE JURISDICTION THE LAND IS CURRENTLY UNDER, AND INCOR-
 PORATE A NEW TOWN. FIRST, THE OWNERS MUST DRAW UP A MAP  AND  PREPARE  A
 CHARTER OF THE PROPOSED TOWN AND HAVE ONE-FIFTH OF THE OWNERS OF LAND IN
 THE  PROPOSED  NEW TOWN SIGN A PETITION AGREEING TO THE MAP AND CHARTER.
 THE PROPOSED TOWN MUST HAVE AT LEAST TWO THOUSAND PEOPLE RESIDING IN IT.
 THE CHARTER THEY DRAFT  SHALL  DESCRIBE  HOW  ANY  SPECIAL  DISTRICT  OR
 DISTRICTS  WILL  BE  AFFECTED  AND WHEN THE CHARTER WILL TAKE EFFECT AND
 WHEN THE SPECIAL ELECTION TO FILL OFFICES CREATED  FOR  THE  FIRST  TIME
 UNDER  THE  CHARTER  WILL BE HELD. SECOND, THE MAP, CHARTER AND PETITION
 MUST BE FILED WITH THE COUNTY BOARD OF ELECTIONS WHERE THE PROPOSED TOWN
 WILL EXIST BEFORE SEPTEMBER FIRST OF  ANY  YEAR.  THE  COUNTY  BOARD  OF
 ELECTIONS  SHALL  THEN  SCHEDULE A VOTE ON THE PROPOSED TOWN ON THE NEXT
 ELECTION DAY IN NOVEMBER.  ONLY VOTERS WHO RESIDE  WITHIN  THE  PROPOSED
 TOWN  MAY  VOTE ON CREATING IT. IF A MAJORITY OF THOSE VOTING APPROVE IT
 THE NEW TOWN WILL BE CREATED AND WILL CEASE TO BE PART  OF  THE  MUNICI-
 PALITY  OR  MUNICIPALITIES  IT  SEPARATES FROM THIRTY DAYS AFTER THE NEW
 TOWN'S OFFICIALS TAKE OFFICE. THE NEW TOWN AND THE MUNICIPALITY OR MUNI-
 CIPALITIES IT SEPARATES FROM SHOULD NEGOTIATE  FAIR  PRICES  FOR  WATER,
 SEWER OR OTHER SERVICES THAT MUST CONTINUE TO BE SHARED. IF AN AGREEMENT
 CANNOT  BE  REACHED  EITHER  MAY  PETITION THE APPELLATE DIVISION OF THE
 SUPREME COURT TO SET THE PRICES FOR UP TO FOUR YEARS AT A TIME.   SHOULD
 ANYONE GO TO COURT TO BLOCK THE CREATION OF THE NEW TOWN AND NOT PREVAIL
 THEY SHALL PAY THE REASONABLE LEGAL FEES AND COURT COSTS OF THOSE TRYING
 TO CREATE THE NEW TOWN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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