NY State Senate Bill 2017-S7861

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2018	signed chap.104
Jun 28, 2018	delivered to governor
Jun 14, 2018	returned to senate passed assembly home rule request ordered to third reading rules cal.228 substituted for a9969a
Jun 04, 2018	referred to ways and means delivered to assembly passed senate home rule request
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal.
May 15, 2018	1st report cal.1193
Apr 13, 2018	print number 7861a
Apr 13, 2018	amend (t) and recommit to local government
Mar 05, 2018	referred to local government

Votes

- Jun 4, 2018 - Floor Vote
  S7861
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci

Bill Amendments

Original

A (Active)

2017-S7861 - Details

See Assembly Version of this Bill:: A9969
Law Section:: Education Law
Laws Affected:: Amd §3602, Ed L

2017-S7861 - Summary

Relates to elections and elective officers of new towns.

2017-S7861 - Sponsor Memo

                                
 
BILL NUMBER: S7861

SPONSOR: LARKIN
 
TITLE OF BILL:  An act to amend the education law, in relation to
ensuring that certain school districts are eligible for incentive build-
ing aid; and relating to new towns

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to new towns; ensures that certain school districts are eligible
for incentive building aid.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes provisions that determine who this act shall
apply to.

Section 2: Establishes the election of all town officers for a newly
created town pursuant to this act.

Section 3 & 4: Establishes an effective date for the purposes of exer-

cise of governmental functions contingent on the affected municipalities
agreeing upon the disposition of assets and debts pursuant to section 78
of the town law.

Section 5: Requires the newly created town to meet and adopt a final
budget for the new town's fiscal year for 2019.

Section 6: Clarifies when the newly created town shall hold their future
elections. Additionally, in the event the new town shall become cotermi-
nous with a village and a proposition submitted to the voters pursuant
to article 17 of the village law has resulted favorably, the town shall
be the operating local government.

Section 7: Paragraph c of subdivision 14 of section 3602 of the educa-
tion law is amended by adding a new subparagraph to allow a school
district be eligible for incentive building aid, it after August 2017,
the boundaries 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 $500,000 as of the effective date of the boundary
alteration to such school district.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

This bill will allow a newly created town to accelerate there creation
by one year, as opposed to the statutory two year phase in. Subsequent-
ly, the two affected school districts have agreed to redraw the school
boundary lines as to make on contiguous with the new town. As a result
one school district will be losing significant property tax revenue;
building reorganization aid will allow the district to offset the loss
in revenue.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7861 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7861
 
                             I N  S E N A T E
 
                               March 5, 2018
                                ___________
 
 Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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

 S. 7861                             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.

2017-S7861A (ACTIVE) - Details

See Assembly Version of this Bill:: A9969
Law Section:: Education Law
Laws Affected:: Amd §3602, Ed L

2017-S7861A (ACTIVE) - Summary

Relates to elections and elective officers of new towns.

2017-S7861A (ACTIVE) - Sponsor Memo

2017-S7861A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7861--A
 
                             I N  S E N A T E
 
                               March 5, 2018
                                ___________
 
 Introduced  by  Sen.  LARKIN -- 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 in relation to the formation of and elections in 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.
                                                            LBD13405-10-8

 S. 7861--A                          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. This act shall take effect immediately.

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Senate Bill S7861

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 4, 2018 - Floor Vote

Floor Vote: Jun 4, 2018

Bill Amendments

2017-S7861 - Details

2017-S7861 - Summary

2017-S7861 - Sponsor Memo

2017-S7861 - Bill Text download pdf

2017-S7861A (ACTIVE) - Details

2017-S7861A (ACTIVE) - Summary

2017-S7861A (ACTIVE) - Sponsor Memo

2017-S7861A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7861

Share this bill

Sponsored By

William Larkin

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2017-S7861 - Details

2017-S7861 - Summary

2017-S7861 - Sponsor Memo

2017-S7861 - Bill Text download pdf

2017-S7861A (ACTIVE) - Details

2017-S7861A (ACTIVE) - Summary

2017-S7861A (ACTIVE) - Sponsor Memo

2017-S7861A (ACTIVE) - Bill Text download pdf

Comments