NY State Senate Bill 2021-S1314A

Archive: Last Bill Status - In Senate Committee Local Government Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2022	print number 1314a
May 10, 2022	amend and recommit to local government
Jan 05, 2022	referred to local government
Jan 11, 2021	referred to local government

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S1314 - Details

See Assembly Version of this Bill:: A1019
Current Committee:: Senate Local Government
Law Section:: Village Law
Laws Affected:: Amd §2-208, Vil L
Versions Introduced in 2019-2020 Legislative Session:: S6473, A8411

2021-S1314 - Summary

Suspends certain provisions relating to petitions for incorporation of a village until December 31, 2024; directs the department of state to conduct a study on the existing laws and regulations regarding the incorporation, merger, and dissolution of municipalities for the purpose of making recommendations of amendments to such laws.

2021-S1314 - Sponsor Memo

                                
 
BILL NUMBER: S1314

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the village law, in relation to incorporation of
villages; relating to directing a municipal re-organization study; and
providing for the repeal of such provisions upon the expiration thereof

 
PURPOSE:

To freeze incorporations of any new villages in New York State while a
study is conducted to assess existing laws and regulations on the incor-
poration, merger, and dissolution of towns and villages and to come up
with recommendations for improvements to the process.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill suspends the statutory authorization for town
supervisors to render a final determination on the legal sufficiency of
any petition for incorporation submitted under Article 2 of the Village

Law until July 1, 2021.

Section 2 of the bill mandates that the Department of State conduct a
Municipal re-organization study. This is a study on the existing laws
and regulations regarding the incorporation, merger, and dissolution of
municipalities for the purpose of making recommendations of amendments
to said laws or regulations in order to better serve the needs of resi-
dents. For this purpose of this study, municipality shall mean towns and
villages, only.

The study shall focus on the causes and consequences of the incorpo-
ration, merger, and dissolution of municipalities. When examining caus-
es, the department shall consider how often the process to dissolve,
merge, or incorporate a municipality is initiated and either succeeds or
fails, and the fiscal, economic, social and demographic conditions of
the populations of municipalities where the process to merge, dissolve,
or incorporate were initiated. When examining the consequences, the
department shall consider the effects to property taxes and municipal
revenue including effects to local governments collocated with the
affected municipalities and the effect on the delivery of public
services to the residents of the municipalities.

The department shall consult with the office of the state comptroller,
associations representing towns and villages, and local elected offi-
cials, when considering and developing the recommendations of amendments
to existing laws and regulations.

The department shall within one year of the enactment of this act submit
a report of the findings, conclusions and recommendation of amendments
from the study to the Governor, the Speaker of the Assembly, the Tempo-
rary President of the Senate, the chairs of the Senate Finance Committee
and the Assembly Ways and Means Committee, and the Chairs of the Senate
and Assembly Local Governments committees.

Section 3 creates an effective date.

 
JUSTIFICATION:

This bill is designed to institute a comprehensive review of current
laws and regulations related to the formation of new political subdivi-
sions in New York State. The review commissioned by this bill shall
assess the frequency of the creation of new municipal subdivisions, and
whether the current process has resulted in any undue impacts on local
governments, school districts, commercial development, business, and
taxpayers. During the commission of this study, the formation of new
political subdivisions will be temporarily frozen so as to allow poli-
cy-makers to analyze findings and consider policy recommendations to
best determine whether modifications need to be made to the existing
incorporation process, if any.

 
LEGISLATIVE HISTORY:

2019-20: S6473/A8411

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Immediately

2021-S1314 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1314
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, SKOUFIS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local Government
 
 AN  ACT  to  amend  the  village  law,  in  relation to incorporation of
   villages; relating to directing a municipal re-organization study; and
   providing for the repeal of such provisions upon the expiration there-
   of
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2-208 of the village law is amended by adding a new
 subdivision 4 to read as follows:
   4.  THE  PROVISIONS CONTAINED IN THIS SECTION SHALL BE SUSPENDED UNTIL
 JULY 1, 2023.
   § 2. Municipal re-organization study. 1. The department  of  state  is
 hereby  authorized  and directed to conduct a study on the existing laws
 and regulations regarding the incorporation, merger, and dissolution  of
 municipalities  for  the purpose of making recommendations of amendments
 to said laws or regulations in order to better serve the needs of  resi-
 dents.  For the purpose of this study, municipality shall mean towns and
 villages.
   2. The study shall focus on the causes and consequences of the  incor-
 poration,  merger, and dissolution of municipalities. (a) When examining
 causes, the department shall consider, but not be limited to (i) examin-
 ing how often the process to dissolve, merge, or incorporate  a  munici-
 pality  is  initiated  and either succeeds or fails, (ii) the fiscal and
 economic conditions present in municipalities where a process  to  merge
 or dissolve was initiated, and the fiscal and economic conditions of the
 areas  of  existing municipalities where the process to incorporate part
 of them into a new municipality was  initiated,  (iii)  the  social  and
 demographic  conditions  of  the populations of municipalities where the
 process to merge, dissolve, or incorporate a new municipality was initi-
 ated, including how any  difference  between  populations  affected  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01774-01-1

 S. 1314                             2
 
 initiation  of  the process to incorporate, merge, or dissolve a munici-
 pality.
   (b)  When  examining  the  consequences, the department of state shall
 consider, but not be limited to (i) examining the  effects  to  property
 taxes  and municipal revenue from successful incorporations, mergers, or
 dissolutions of municipalities, including effects on  local  governments
 collocated with the affected municipalities, including school districts,
 library  districts,  sewer  districts,  and  any  other  special  taxing
 districts, (ii) the effect on the delivery of  public  services  to  the
 residents  of the municipalities affected by incorporations, mergers, or
 dissolutions of municipalities, and (iii) the effects  on  the  economic
 conditions  of  the municipalities affected by an incorporation, merger,
 or dissolution of a municipality.
   3. To the maximum extent feasible, the department of  state  shall  be
 entitled  to  request and receive and shall utilize and be provided with
 such facilities, resources and data of any department, division,  board,
 bureau,  commission  or agency of the state as it may reasonably request
 to properly carry out its responsibilities pursuant to this act.
   4. The department of state shall consult with the office of the  state
 comptroller,  associations  representing  towns  and villages, and local
 elected officials, when considering and developing  the  recommendations
 of  amendments  to  existing laws and regulations governing the incorpo-
 ration, merger, and dissolution of municipalities.
   5. The department of state shall within one year of the effective date
 of this act submit a report of the findings, conclusions and recommenda-
 tion of amendments from the study to the governor, the  speaker  of  the
 assembly,  the  temporary  president  of  the  senate, the chairs of the
 senate finance committee and the assembly ways and means committee,  and
 the chairs of the senate and assembly local government committees.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall apply to any petitions  for  incorporation
 submitted  pursuant  to  section  2-202 of the village law and currently
 pending without final disposition on  or  after  January  1,  2021;  and
 provided,  further, that this act shall expire and be deemed repealed on
 and after July 1, 2023.

co-Sponsors

2021-S1314A (ACTIVE) - Details

See Assembly Version of this Bill:: A1019
Current Committee:: Senate Local Government
Law Section:: Village Law
Laws Affected:: Amd §2-208, Vil L
Versions Introduced in 2019-2020 Legislative Session:: S6473, A8411

2021-S1314A (ACTIVE) - Summary

2021-S1314A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1314A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the village law, in relation to incorporation of
villages; relating to directing a municipal re-organization study; and
providing for the repeal of such provisions upon the expiration thereof

 
PURPOSE:

To freeze incorporations of any new villages in New York State while a
study is conducted to assess existing laws and regulations on the incor-
poration, merger, and dissolution of towns and villages and to come up
with recommendations for improvements to the process.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill suspends the statutory authorization for town
supervisors to render a final determination on the legal sufficiency of
any petition for incorporation submitted under Article 2 of the Village
Law until July 1, 2024.

Section 2 of the bill mandates that the Department of State conduct a
Municipal re-organization study. This is a study on the existing laws
and regulations regarding the incorporation, merger, and dissolution of
municipalities for the purpose of making recommendations of amendments
to said laws or regulations in order to better serve the needs of resi-
dents. For the purpose of this study, municipality shall mean towns and
villages, only.

The study shall focus on the causes and consequences of the incorpo-
ration, merger, and dissolution of municipalities. When examining caus-
es, the department shall consider how often the process to dissolve,
merge, or incorporate a municipality is initiated and either succeeds or
fails, and the fiscal, economic, social and demographic conditions of
the populations of municipalities where the process to merge, dissolve,
or incorporate were initiated. When examining the consequences, the
department shall consider the effects to property taxes and municipal
revenue including effects to local governments collocated with the
affected municipalities and the effect on the delivery of public
services to the residents of the municipalities.

The department shall consult with the office of the state comptroller,
associations representing towns and villages, and local elected offi-
cials, when considering and developing the recommendations of amendments
to existing laws and regulations.

The department shall within one year of the enactment of this act submit
a report of the findings, conclusions and recommendation of amendments
from the study to the Governor, the Speaker of the Assembly, the Tempo-
rary President of the Senate, the chairs of the Senate Finance Committee
and the Assembly Ways and Means Committee, and the Chairs of the Senate
and Assembly Local Governments committees.

Section 3 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

To updates the moratorium and expiration dates.

 
JUSTIFICATION:

This bill is designed to institute a comprehensive review of current
laws and regulations related to the formation of new political subdivi-
sions in New York State. The review commissioned by this bill shall
assess the frequency of the creation of new municipal subdivisions, and
whether the current process has resulted in any undue impacts on local
governments, school districts, commercial development, business, and
taxpayers. During the commission of this study, the formation of new
political subdivisions will be temporarily frozen so as to allow poli-
cy-makers to analyze findings and consider policy recommendations to
best determine whether modifications need to be made to the existing
incorporation process, if any.

 
LEGISLATIVE HISTORY:

2019-20: A8411 referred to local governments, same as S6473 (Gaughran)
referred to local government

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that 26
section one of this act shall apply to any petitions for incorporation
submitted pursuant to section 2-202 of the village law and currently
pending without final disposition on or after January 1, 2021; and
provided, further, that this act shall expire and be deemed repealed on
and after December 31, 2024.

2021-S1314A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1314--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, SKOUFIS -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Local Government
   -- recommitted to the Committee on Local Government in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  village  law,  in  relation to incorporation of
   villages; relating to directing a municipal re-organization study; and
   providing for the repeal of such provisions upon the expiration there-
   of
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2-208 of the village law is amended by adding a new
 subdivision 4 to read as follows:
   4.  THE  PROVISIONS CONTAINED IN THIS SECTION SHALL BE SUSPENDED UNTIL
 DECEMBER 31, 2024.
   § 2. Municipal re-organization study. 1. The department  of  state  is
 hereby  authorized  and directed to conduct a study on the existing laws
 and regulations regarding the incorporation, merger, and dissolution  of
 municipalities  for  the purpose of making recommendations of amendments
 to said laws or regulations in order to better serve the needs of  resi-
 dents.  For the purpose of this study, municipality shall mean towns and
 villages.
   2. The study shall focus on the causes and consequences of the  incor-
 poration,  merger, and dissolution of municipalities. (a) When examining
 causes, the department shall consider, but not be limited to (i) examin-
 ing how often the process to dissolve, merge, or incorporate  a  munici-
 pality  is  initiated  and either succeeds or fails, (ii) the fiscal and
 economic conditions present in municipalities where a process  to  merge
 or dissolve was initiated, and the fiscal and economic conditions of the
 areas  of  existing municipalities where the process to incorporate part
 of them into a new municipality was  initiated,  (iii)  the  social  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01774-03-2

 S. 1314--A                          2
 
 demographic  conditions  of  the populations of municipalities where the
 process to merge, dissolve, or incorporate a new municipality was initi-
 ated, including how any  difference  between  populations  affected  the
 initiation  of  the process to incorporate, merge, or dissolve a munici-
 pality.
   (b) When examining the consequences, the  department  of  state  shall
 consider,  but  not  be limited to (i) examining the effects to property
 taxes and municipal revenue from successful incorporations, mergers,  or
 dissolutions  of  municipalities, including effects on local governments
 collocated with the affected municipalities, including school districts,
 library  districts,  sewer  districts,  and  any  other  special  taxing
 districts,  (ii)  the  effect  on the delivery of public services to the
 residents of the municipalities affected by incorporations, mergers,  or
 dissolutions  of  municipalities,  and (iii) the effects on the economic
 conditions of the municipalities affected by an  incorporation,  merger,
 or dissolution of a municipality.
   3.  To  the  maximum extent feasible, the department of state shall be
 entitled to request and receive and shall utilize and be  provided  with
 such  facilities, resources and data of any department, division, board,
 bureau, commission or agency of the state as it may  reasonably  request
 to properly carry out its responsibilities pursuant to this act.
   4.  The department of state shall consult with the office of the state
 comptroller, associations representing towns  and  villages,  and  local
 elected  officials,  when considering and developing the recommendations
 of amendments to existing laws and regulations  governing  the  incorpo-
 ration, merger, and dissolution of municipalities.
   5. The department of state shall within one year of the effective date
 of this act submit a report of the findings, conclusions and recommenda-
 tion  of  amendments  from the study to the governor, the speaker of the
 assembly, the temporary president of  the  senate,  the  chairs  of  the
 senate  finance committee and the assembly ways and means committee, and
 the chairs of the senate and assembly local government committees.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall apply to any petitions for incorporation
 submitted pursuant to section 2-202 of the  village  law  and  currently
 pending  without  final  disposition  on  or  after January 1, 2021; and
 provided, further, that this act shall expire and be deemed repealed  on
 and after December 31, 2024.

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Senate Bill S1314A

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

co-Sponsors

2021-S1314 - Details

2021-S1314 - Summary

2021-S1314 - Sponsor Memo

2021-S1314 - Bill Text download pdf

co-Sponsors

2021-S1314A (ACTIVE) - Details

2021-S1314A (ACTIVE) - Summary

2021-S1314A (ACTIVE) - Sponsor Memo

2021-S1314A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1314A

Share this bill

Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

co-Sponsors

James Skoufis

2021-S1314 - Details

2021-S1314 - Summary

2021-S1314 - Sponsor Memo

2021-S1314 - Bill Text download pdf

co-Sponsors

James Skoufis

2021-S1314A (ACTIVE) - Details

2021-S1314A (ACTIVE) - Summary

2021-S1314A (ACTIVE) - Sponsor Memo

2021-S1314A (ACTIVE) - Bill Text download pdf

Comments