S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9939
 
                           I N  A S S E M B L Y
 
                             February 27, 2020
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to  amend  the village law, in relation to the incorporation of
   villages; and to repeal section 2-212 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. Section 2-200 of the village law, subdivision 2 as amended
 by chapter 932 of the laws of 1974, is amended to read as follows:
   § 2-200 Population and area requirements. 1. A territory containing  a
 population of at least [five] TWENTY-FIVE hundred persons [who are regu-
 lar 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 terri-
 tory:
   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. The [words "regular inhabitants" as used herein and for the purpose
 of  this  article  shall  include  all persons residing in the territory
 proposed to be incorporated except such persons who themselves,  or  who
 are  persons  under the age of eighteen years residing with persons who,
 maintain a residence outside such  territory  which  is  used  as  their
 address  for  purposes  of  voting]  POPULATION  OF A TERRITORY SHALL BE
 DETERMINED ON THE BASIS OF THE MOST RECENT DECENNIAL FEDERAL CENSUS.
   § 2. Section 2-202 of the village law, subparagraph 2 of  paragraph  f
 of  subdivision  1  as  amended  by  chapter 181 of the laws of 2004, is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14166-06-0
              

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   § 2-202 Petition for incorporation. 1. A proceeding for  the  incorpo-
 ration  of  such  territory as a village shall commence with a petition.
 The requirements for such petition are as follows:
   a.  Petitioners.  [Either  one  or both of the following two groups of
 persons may petition for such incorporation:
   (1)] At least twenty [per cent]  PERCENT  of  the  residents  of  such
 territory  qualified to vote for town officers in a town in which all or
 part of such territory is located SHALL SIGN SUCH PETITION.
   [(2) The owners of more than fifty percent in  assessed  valuation  of
 the  real  property  in  such territory assessed upon the last completed
 assessment roll of the town in which such territory is located. However,
 if such territory is located in more than one town it shall be  required
 in  computing  such  percentage  to equalize the assessed valuations for
 each town; furthermore, in such case, the petition must be signed by the
 owners of more than fifty percent in full valuation of the real property
 in each part of each town in such territory and computed separately  for
 each such part, and assessed upon the last completed assessment rolls of
 the towns in which any part of such territory is located. Full valuation
 shall  be  determined  by  applying the appropriate equalization rate to
 such assessed valuations. If real property in such territory is owned by
 tenants in common, joint tenants or tenants by the entirety,  each  such
 tenant,  as  a  signer of such petition shall, for the purpose of ascer-
 taining the percentage of the assessed valuation upon which the petition
 is based, be considered as the owner of an interest in such real proper-
 ty equal to the result reached by dividing the assessed valuation by the
 number of owners thereof and shall be credited to that extent with  part
 of the total assessed valuation thereof. In the event such real property
 is  part  of  a parcel of land partially situated within such territory,
 the town assessor or assessors shall, for the purposes of  this  section
 make  an  apportionment of the assessed value of such part as is in such
 territory. In such a case, only the apportioned value attributed to such
 part shall be considered.]
   b. Contents of petition. The  petition  shall  contain  the  following
 information:
   (1)  An allegation [of the basis on which the petition is signed] THAT
 AT LEAST TWENTY PERCENT OF THE RESIDENTS  QUALIFIED  TO  VOTE  FOR  TOWN
 OFFICERS HAVE SIGNED SUCH PETITION.
   (2) The name of the proposed village.
   (3)  An  allegation  that  such  territory contains a population of at
 least [five] TWENTY-FIVE hundred [regular inhabitants] PERSONS ACCORDING
 TO THE MOST RECENT DECENNIAL CENSUS.
   (4) The manner in which the area requirements of section 2-200 of this
 article are satisfied.
   (5) A designation of at least one but  no  more  than  three  persons,
 giving  full  names  and  addresses,  on whom and at which addresses all
 papers required to be served  in  connection  with  the  proceeding  for
 incorporation, shall be served. A majority of such designees must reside
 in such territory.
   (6)  Each  page  of  the  petition and all exhibits and certifications
 shall be securely fastened together.
   c. Exhibits and certifications. Each copy of the petition  shall  have
 attached thereto prior to the signature pages:
   (1)  A  description  of  such  territory  sufficient  to  identify the
 location and extent of such territory with common  certainty  and  which
 shall  be  in one of the following forms or a combination thereof: (a) a
 metes and bounds description; (b) a description made with  reference  to

 A. 9939                             3
 
 existing streets and navigable waters or a combination of same; or (c) a
 map  showing  existing  streets and navigable waters or a combination of
 same forming boundaries or metes and bounds or the entire boundaries  of
 one or more districts of an entire town.
   (2)  A  [list  of  the names and address of the regular inhabitants of
 such territory] COPY OF A FINANCIAL  IMPACT  STATEMENT.  SUCH  FINANCIAL
 IMPACT  STATEMENT  SHALL INCLUDE THE FOLLOWING: (A) A PROPOSED OPERATING
 BUDGET FOR THE TERRITORY TO BE  INCORPORATED;  (B)  A  PROPOSED  CAPITAL
 BUDGET  FOR  THE  TERRITORY TO BE INCORPORATED; (C) A DESCRIPTION OF THE
 SERVICES THAT WOULD BE PROVIDED BY THE PROPOSED  VILLAGE  AND  HOW  SUCH
 SERVICES WOULD BE DELIVERED; (D) THE ESTIMATED PROPERTY TAX IMPACT FOR A
 FIVE  YEAR  PERIOD ON THE TERRITORY TO BE INCORPORATED AND THE REMAINING
 AREA OF THE TOWN OR TOWNS; AND (E) AN EXECUTIVE SUMMARY OF  SUCH  FINAN-
 CIAL  IMPACT STATEMENT, INCLUDING THE ESTIMATED REAL PROPERTY TAX IMPACT
 ON THE TERRITORY TO BE INCORPORATED AND THE REMAINING AREA OF  THE  TOWN
 OR TOWNS.
   d. [If the petition is alleged to be signed by the owners of more than
 fifty per cent in assessed or full valuation, as the case may be, of the
 real property in such territory, there shall be attached to the petition
 following  the  signatures of the petitioners an affidavit or affidavits
 certifying as follows:
   (1) If such territory is located entirely in one town, a certification
 by an assessor thereof certifying to the  total  assessed  valuation  of
 such territory and the correct total amount thereof owned by the signers
 of the petition, or
   (2)  If  such  territory  is  located  in more than one town, separate
 certifications by an assessor of each town certifying to the total  full
 valuation of that portion of such territory located in such town and the
 correct total amount of full valuation of real property in such territo-
 ry  and  town  owned  by  the  signers  of the petition, as specified in
 subparagraph two of paragraph a of subdivision one of this section.
   e.] Execution of petition. (1) The signatures to a petition  shall  be
 subscribed on a separate page or pages following the exhibits.
   (2)  Prefatory  statement.  Each signature page shall be prefaced by a
 statement [of the basis on which the petition is signed and of the] THAT
 THE PETITIONERS ARE RESIDENTS OF THE TERRITORY TO BE INCORPORATED QUALI-
 FIED TO VOTE FOR TOWN OFFICERS IN SUCH TERRITORY AND THAT THE  petition-
 ers'  [familiarity] ARE FAMILIAR with the contents and purpose [thereof]
 OF SUCH PETITION and the boundaries of the territory sought to be incor-
 porated.
   (3) Additional information. Following each signature  there  shall  be
 set  forth, not necessarily by the signer, the signer's address consist-
 ing of street name and number, if any, and town[; and, if  the  petition
 is  based  on  the  ownership of more than fifty per cent in assessed or
 full valuation, as the case may be, of the real property located in such
 territory, the amount of assessed valuation of real  property  owned  by
 the  signer  as  credited  to him in accordance with subparagraph two of
 paragraph a of subdivision one of this section].
   (4) Authentication. There shall be set forth at  the  bottom  of  each
 page of signatures an authenticating affidavit of a witness to the sign-
 ing thereof which shall be in substantially the following form:
 
 STATE OF NEW YORK
 COUNTY OF            ss.:

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 ...................................................... being duly sworn,
 (name of witness)
 says:
 I reside at ..................................................... in the
                        (street name and number)
 ................................ of ....................................
 (town, city or village)                           (name of municipality)
 .............................................. in the State of New York:
 I know each of the persons whose names are subscribed to the above sheet
 having .................................... signatures; and each of them
               (number)
 subscribed the same in my presence.

                                      ...................................
                                           (signature of witness)
 
 Sworn to before me
 This .................. day of ..................,  ....................
              (day)                  (month)               (year)
 
  ...............................
    (official title of officer)
 
   [f]  E. Filing and deposit. (1) Filing. The original petition shall be
 filed with a supervisor of the town in which all or the greatest part of
 such territory is located. Duplicate  originals,  photocopies  or  other
 similar  reproductions  of  the  original petition shall be filed with a
 supervisor of each other town in which any portion of such territory  is
 located.
   (2)  Deposit.  At  the  time  of filing of the petition there shall be
 deposited with each supervisor with whom the original or a copy  of  the
 original  is  filed,  the sum of six thousand dollars to pay the cost of
 posting, publishing and serving required notices, stenographic  services
 and services of inspectors of election in the event incorporation is not
 effected.
   § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
 amended by chapter 167 of the laws of 1985 and paragraph e as amended by
 chapter 561 of the laws of 1975, is amended to read as follows:
   1.  The  supervisor,  or supervisors if a joint hearing, with whom the
 petition or copies thereof, were filed, shall meet at the time and place
 specified in  such  notice  and  shall  hear  objections  which  may  be
 presented  as to the legal sufficiency of the petition for incorporation
 based upon any of the following grounds:
   a. That a person signing such petition was not qualified therefor;
   b. [If it is alleged that the petition is submitted on the basis  that
 the  persons  signing  such  petition  constitute twenty per cent of the
 residents in such territory qualified to vote for officers of a town  in
 which  all or part of such territory is located, that such allegation is
 false;
   c. If it is alleged that the petition is submitted on the  basis  that
 the  persons  signing  such  petition  are the owners of more than fifty
 percent in assessed valuation of the real property in such territory  or
 in full valuation of the real property in each part of each town in such
 territory  and  computed  separately for each such part, as the case may
 be, assessed upon the last completed assessment roll  or  rolls  of  the
 town  or  towns  in which all or part of such territory is located, that

 A. 9939                             5

 such allegation is false] THAT THE ALLEGATION THAT THE PETITION  CONSTI-
 TUTES TWENTY PERCENT OF THE RESIDENTS OF THE TERRITORY QUALIFIED TO VOTE
 FOR OFFICERS OF A TOWN IN WHICH ALL OR PART OF SUCH TERRITORY IS LOCATED
 IS FALSE;
   [d] C. That such territory is part of a city or village;
   [e] D. That if such territory is less than an entire town, it contains
 more  than  five  square  miles and the limits of such territory are not
 coterminous with  the  entire  boundaries  of  one  school,  fire,  fire
 protection,  fire  alarm,  town special or town improvement district and
 the limits of such territory are not coterminous with parts of the boun-
 daries of more than one school, fire, fire protection, fire alarm,  town
 special  or town improvement district, all of which are wholly contained
 within such limits and within one town;
   [f] E. That such territory does not contain a population of  at  least
 [five] TWENTY-FIVE hundred [regular inhabitants] PERSONS;
   [g]  F.  That  the  petition  in  any other specified respect does not
 conform to the requirements of this article.
   § 4. The section heading, subdivisions 1 and 4 of section 2-210 of the
 village law are amended to read as follows:
   Review of [decision] DECISIONS. 1. The decision of the  supervisor  or
 supervisors  as  to  the  legal  sufficiency of the petition PURSUANT TO
 SECTION 2-208 OF THIS ARTICLE AND THE DECISION OF THE STATE  COMPTROLLER
 AS  TO  FINANCIAL  FEASIBILITY PURSUANT TO SECTION 2-211 OF THIS ARTICLE
 shall be subject to judicial review in the manner  provided  in  article
 seventy-eight  of  the civil practice law and rules. Such proceeding may
 be brought on the ground or grounds that said decision is illegal, based
 on insufficient evidence, or contrary to the weight of evidence. If  the
 court  determines that additional testimony or evidence is necessary for
 the proper disposition of the matter it may take such evidence or testi-
 mony or appoint a referee to take such evidence or testimony as  it  may
 direct and report the same to the court with his OR HER findings of fact
 and  conclusions  of law which shall constitute a part of the proceeding
 upon which the determination of the court shall be made. The  court  may
 reverse  or  affirm  on  the  basis of law and fact as determined by the
 court.
   4. In addition to the requirements of said article seventy-eight:
   a. Notice of such a proceeding shall be given to  the  town  clerk  of
 each  town in which any part of such territory is located. [He] THE TOWN
 CLERK shall cause same to be filed in [his] THE CLERK'S office.
   b. If the proceeding be brought to  review  [a]  AN  ADVERSE  decision
 [adverse  to the petition], copies of all papers in connection therewith
 shall be served on all persons designated by objectors to  the  petition
 pursuant to section 2-204 of this article and on all other objectors who
 have  made  no  such designations and whose objections were submitted in
 writing  and  signed.  Service  shall  be  sufficient  if  made   either
 personally or by certified mail with a return receipt.
   c.  If  the  proceeding be brought to review a decision sustaining the
 petition, copies of all papers in connection therewith shall  be  served
 on all persons designated in the petition to receive same.
   d.  All persons served pursuant to paragraphs b and c of this subdivi-
 sion shall be parties to such proceeding  under  said  article  seventy-
 eight.
   e.  All  issues in any proceeding hereunder shall have preference over
 all other civil actions and proceedings.
   § 5. The village law is amended by adding a new section 2-211 to  read
 as follows:

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   §  2-211  DECISION  OF THE STATE COMPTROLLER. 1. WITHIN TEN DAYS AFTER
 THE FIRST OCCURRING OF EITHER THE EXPIRATION OF  THIRTY  DAYS  FROM  THE
 FILING  OF THE ORIGINAL DECISION SUSTAINING THE LEGAL SUFFICIENCY OF THE
 PETITION AND NO PROCEEDING HAVING BEEN INSTITUTED TO REVIEW SAME, OR THE
 FILING  OF A FINAL ORDER SUSTAINING THE PETITION AFTER SUCH A PROCEEDING
 TO REVIEW, EACH SUPERVISOR WITH WHOM SAME WERE FILED SHALL FILE  A  COPY
 OF  THE  PETITION  WITH  THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND
 CONTROL LOCATED IN ALBANY FOR A REVIEW AND DECISION BY THE  STATE  COMP-
 TROLLER, AS PROVIDED FOR BY THIS SECTION.
   2.  THE  STATE COMPTROLLER SHALL EXAMINE THE PROPOSED OPERATING BUDGET
 FOR THE TERRITORY TO BE INCORPORATED, THE PROPOSED  CAPITAL  BUDGET  FOR
 THE AREA TO BE INCORPORATED, A DESCRIPTION OF THE SERVICES THAT WOULD BE
 PROVIDED  BY  THE PROPOSED VILLAGE AND HOW SUCH SERVICES WOULD BE DELIV-
 ERED AND THE ESTIMATED PROPERTY TAX IMPACT FOR A FIVE YEAR PERIOD ON THE
 TERRITORY TO BE INCORPORATED AND THE  REMAINING  AREA  OF  THE  TOWN  OR
 TOWNS.
   3.  THE STATE COMPTROLLER SHALL ISSUE A DECISION TO EACH SUPERVISOR ON
 THE FINANCIAL FEASIBILITY OF THE PROPOSED VILLAGE INCORPORATION.
   4. IN ORDER TO MAKE A FAVORABLE DECISION OF FINANCIAL FEASIBILITY, THE
 STATE COMPTROLLER SHALL MAKE THE FOLLOWING FINDINGS:
   A. THAT THE OVERALL PUBLIC INTEREST SHALL BE SERVED  BY  THE  INCORPO-
 RATION OF THE TERRITORY INTO A VILLAGE;
   B.  THAT THE COST OF THE VILLAGE SHALL NOT BE AN UNDUE BURDEN UPON THE
 TERRITORY TO BE INCORPORATED OR THE REMAINDER OF THE TOWN;
   C. THAT THE REVENUE ESTIMATES AND APPROPRIATIONS, AS SET FORTH IN SUCH
 FINANCIAL  IMPACT  STATEMENT,  ARE  ADEQUATE  TO  DELIVER  THE  SERVICES
 PROPOSED; AND
   D.  THAT  IN  ALL REGARDS, SUCH FINANCIAL IMPACT STATEMENT PROVIDES AN
 ACCURATE, VALID AND  TRANSPARENT  PRESENTATION  OF  INFORMATION  TO  THE
 PUBLIC.
   5.  SAID  DECISION  SHALL BE DELIVERED TO EACH SUPERVISOR WITHIN SIXTY
 DAYS OF SUBMISSION TO THE STATE COMPTROLLER. EACH SUPERVISOR SHALL  FILE
 A  COPY  OF  THE  DECISION  OF THE STATE COMPTROLLER WITH THE TOWN CLERK
 WITHIN FIVE DAYS OF RECEIPT. SAID DECISION SHALL BE AVAILABLE FOR PUBLIC
 INSPECTION. A COPY OF SAID DECISION SHALL ALSO BE MAILED TO THE INCORPO-
 RATORS DESIGNATED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH B OF SUBDI-
 VISION ONE OF SECTION 2-202 OF THIS ARTICLE AND  ALL  OBJECTORS  TO  THE
 PETITION,  PURSUANT  TO  SECTION  2-204 OF THIS ARTICLE, BY REGULAR MAIL
 WITHIN FIVE DAYS OF RECEIPT.
   6. WHERE THE DETERMINATION OF THE STATE COMPTROLLER IS  NOT  FAVORABLE
 AND  NO  PROCEEDING  IS INSTITUTED TO REVIEW SUCH DECISION, THE DECISION
 SHALL BE FINAL AND CONCLUSIVE.  THE TOWN SHALL TAKE NO FURTHER ACTION ON
 SUCH PETITION. A NEW PROCEEDING FOR INCORPORATION SHALL NOT BE COMMENCED
 FOR AT LEAST ONE YEAR.
   § 6. Section 2-212 of the village law is REPEALED and  a  new  section
 2-212 is added to read as follows:
   § 2-212 RIGHT TO ELECTION. 1. AN ELECTION TO DETERMINE THE QUESTION OF
 INCORPORATION  SHALL  BE  HELD  NO LATER THAN FORTY DAYS AFTER THE FIRST
 OCCURRING OF EITHER OF THE FOLLOWING EVENTS:
   A. THE EXPIRATION OF THIRTY DAYS FROM THE FILING OF A FAVORABLE  DECI-
 SION  OF  THE  STATE  COMPTROLLER  WITH THE TOWN CLERK AND NO PROCEEDING
 HAVING BEEN INSTITUTED TO REVIEW THE SAME;
   B. THE FILING OF A FINAL ORDER SUSTAINING A FAVORABLE DECISION OF  THE
 STATE COMPTROLLER AFTER SUCH A PROCEEDING TO REVIEW; OR
   C.  THE  FILING OF A FINAL ORDER OTHERWISE DIRECTING AN ELECTION TO BE
 HELD ON THE QUESTION OF INCORPORATION.

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   2. THE PROVISIONS OF THE ELECTION LAW NOT INCONSISTENT HEREWITH  SHALL
 APPLY TO SUCH ELECTION SO FAR AS THE SAME ARE PRACTICABLE.
   §  7.  Subdivision 5 of section 2-220 of the village law is renumbered
 subdivision 6 and a new subdivision 5 is added to read as follows:
   5. ABSENTEE BALLOTS SHALL BE PROVIDED FOR SUCH ELECTION  IN  THE  SAME
 MANNER  AS  A SPECIAL TOWN ELECTION PURSUANT TO SECTION EIGHTY-FOUR-A OF
 THE TOWN LAW, PROVIDED THAT THE APPLICANT FOR AN ABSENTEE  BALLOT  SHALL
 BE A RESIDENT OF SUCH TERRITORY QUALIFIED TO VOTE FOR TOWN OFFICERS.
   §  8.  Subdivision d of section 2-232 of the village law is amended to
 read as follows:
   d. A statement of the population of the territory as  it  appears  [by
 the  exhibit  attached  to] IN THE CONTENTS OF the petition for incorpo-
 ration.
   § 9. Applicability. This act shall apply to  any  proceeding  for  the
 incorporation  of  a  village  where  the  right to election has not yet
 accrued pursuant to the former section 2-212 of the village law.
   § 10. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   § 11. This act shall take effect immediately.