S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9969
 
                           I N  A S S E M B L Y
 
                               March 2, 2018
                                ___________
 
 Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the education law, in relation to ensuring that  certain
   school districts are eligible for incentive building aid; and relating
   to new towns
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  1. The provisions of this act shall apply to any new  town
 created pursuant to the division of a town into two or more towns pursu-
 ant to article 5 of the town law as adopted by the qualified electors at
 a biennial town election held November 7, 2017.
   2.  For  the  purposes  of  this  act "new town" shall refer to a town
 created pursuant to the division of any existing town by  a  proposition
 adopted at a biennial town election held November 7, 2017.
   §  2. 1. Notwithstanding section 80 and subdivision 2 of section 74 of
 the town law, the election of town officers for the new  town  shall  be
 held on the Tuesday next succeeding the first Monday in November 2018.
   2.  Notwithstanding  section 24 of the town law, all elective officers
 other than town councilmen, town justices and the receiver of taxes  and
 assessments shall hold their respective offices for 1 year. The terms of
 office of town councilmen shall be 1 year each for 2 town councilmen and
 3  years  each for 2 town councilmen. The term of office of the receiver
 of taxes and assessments shall be 3 years. The term of each town officer
 elected to office in November 2018 shall commence January 1, 2019.   The
 terms  of  town officers elected for a 1 year term shall expire December
 31, 2019 and the terms of officers elected  for  a  3  year  term  shall
 expire December 31, 2021, unless otherwise provided for in law.
   §  3.  Notwithstanding  section  80 of the town law, the election held
 pursuant to section two of this act shall be deemed the  first  biennial
 town election for the new town, for the purposes of:
   1.  the  effective  date  for the purposes of exercise of governmental
 functions pursuant to subdivision 2 of section 74 of the town law;
   2. the disposition of property pursuant to section 75 of the town law;
   3. the apportionment of debts pursuant to section 76 of the town law;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13405-07-8

 A. 9969                             2
 
   4. the meetings of town boards pursuant to section 77 of the town law;
 and,
   5.  the right of action upon failure of towns to agree upon the dispo-
 sition of assets and debts pursuant to section 78 of the town law.
   § 4. Pursuant to subdivision 1 of section three of this act and subdi-
 vision 2 of section 74 of the town law, the new town shall be  effective
 for  the  purposes  of the exercise of governmental functions January 1,
 2019.
   § 5. By January 31, 2019, the town board of the new town shall meet to
 adopt a final budget for the new town's fiscal year 2019 with  the  same
 force and effect as though prepared and adopted pursuant to article 8 of
 the  town law. Such budget shall be adopted in accordance with article 8
 of town law to the extent practicable,  provided,  however,  the  budget
 adopted  by  the new town shall be in the form and contain such informa-
 tion as required by section 107 of the town law, and, provided  further,
 the  new town shall not be required to hold a public hearing as required
 in section 108 of the town law.
   § 6. 1. Biennial town elections to be held after January  1,  2019  in
 the  new  town shall be held every odd-numbered year pursuant to section
 80 of the town law.
   2. The terms of office for elective officers of the new  town  elected
 after January 1, 2019 shall be as provided for pursuant to section 24 of
 the town law.
   3. In the event that the entire territory of the new town shall become
 coterminous  with  a  village  and a proposition submitted to the voters
 pursuant to article 17 of the village law has resulted in favor  of  the
 local government operating principally as a village, provisions of arti-
 cle  17  of  the village law shall supersede subdivisions one and two of
 this section.
   § 7. Paragraph c of subdivision 14 of section 3602  of  the  education
 law is amended by adding a new subparagraph 3 to read as follows:
   (3)  NOTWITHSTANDING  ANY  PROVISIONS  OF  THIS  PARAGRAPH,  A  SCHOOL
 DISTRICT SHALL BE ELIGIBLE FOR INCENTIVE BUILDING AID PURSUANT  TO  THIS
 SUBDIVISION  IF  AFTER AUGUST FIRST, TWO THOUSAND SEVENTEEN, THE BOUNDA-
 RIES OF SUCH SCHOOL DISTRICT CHANGE SO AS TO RESULT IN  A  NET  LOSS  OF
 TAXABLE PROPERTY AND A CORRESPONDING ANNUAL LOSS IN PROPERTY TAX REVENUE
 THAT  EXCEEDS  FIVE HUNDRED THOUSAND DOLLARS AS OF THE EFFECTIVE DATE OF
 THE BOUNDARY ALTERATION TO SUCH SCHOOL DISTRICT.
   § 8. This act shall take effect immediately.