S T A T E O F N E W Y O R K
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8572
I N A S S E M B L Y
January 11, 2024
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Introduced by M. of A. THIELE, PAULIN -- read once and referred to the
Committee on Local Governments
AN ACT to amend the village law, in relation to the incorporation of
villages; to amend a chapter of the laws of 2023 amending the village
law relating to the incorporation of villages, as proposed in legisla-
tive bills numbers S. 7538 and A. 7754, in relation to the effective-
ness thereof; and to repeal certain provisions 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. Subdivision 1 of section 2-200 of the village law, as
amended by a chapter of the laws of 2023 amending the village law relat-
ing to the incorporation of villages, as proposed in legislative bills
numbers S. 7538 and A. 7754, is amended to read as follows:
1. A territory containing a population of at least [two] ONE thousand
FIVE HUNDRED persons who are regular 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 territory:
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. Subparagraph 3 of paragraph b of subdivision 1 of section 2-202
of the village law, as amended by a chapter of the laws of 2023 amending
the village law relating to the incorporation of villages, as proposed
in legislative bills numbers S. 7538 and A. 7754, is amended to read as
follows:
(3) An allegation that such territory contains a population of at
least [two] ONE thousand FIVE HUNDRED regular inhabitants.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11709-09-4
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§ 3. Paragraph e of subdivision 1 of section 2-206 of the village law,
as amended by a chapter of the laws of 2023 amending the village law
relating to the incorporation of villages, as proposed in legislative
bills numbers S. 7538 and A. 7754, is amended to read as follows:
e. That such territory does not contain a population of at least [two]
ONE thousand FIVE HUNDRED regular inhabitants;
§ 4. Paragraph g of subdivision 1 of section 2-206 of the village law,
as amended by a chapter of the laws of 2023 amending the village law
relating to the incorporation of villages, as proposed in legislative
bills numbers S. 7538 and A. 7754, is REPEALED.
§ 5. Section 2-260 of the village law, as added by a chapter of the
laws of 2023 amending the village law relating to the incorporation of
villages, as proposed in legislative bills numbers S. 7538 and A.
7754, is renumbered to be section 2-259.
§ 6. Section 5 of a chapter of the laws of 2023 amending the village
law relating to the incorporation of villages, as proposed in legisla-
tive bills numbers S. 7538 and A. 7754, is amended to read as follows:
§ 5. This act shall take effect [immediately; provided however, that
for village incorporation petitions that have collected signatures prior
to the effective date of this act, nothing in this act shall deem such
petition signatures invalid; and provided further, that the provisions
of this act shall apply to all such existing village incorporation
petitions, including, without limitation, the new requirements pursuant
to section 2-260 of the village law; and provided further, that such
existing village incorporation petitions shall be required to add addi-
tional signatures, if necessary, to meet the new population threshold
established by section 2-200 of the village law] ON JANUARY 1, 2024;
PROVIDED THAT ANY VILLAGE INCORPORATION PETITIONS ASSOCIATED BY HAVING
AT LEAST ONE COMMON PETITION SIGNATURE WITNESS ON EITHER OF THE TWO
PETITIONS THAT WERE INITIALLY FILED ON A DATE IN FEBRUARY 2017 AND MAY
2019, RESPECTIVELY, IN A TOWN WITH A POPULATION OF MORE THAN NINETY
THOUSAND AS OF THE LATEST FEDERAL DECENNIAL CENSUS LOCATED IN A COUNTY
WITH A POPULATION OF MORE THAN NINE HUNDRED THOUSAND AS OF THE LATEST
FEDERAL DECENNIAL CENSUS: (A) SHALL NOT BE SUBJECT TO THIS ACT AND SHALL
CONTINUE TO BE SUBJECT TO THE PROVISIONS OF ARTICLE 2 OF THE VILLAGE LAW
IN EFFECT AS OF JUNE 1, 2023, SO LONG AS SUCH VILLAGE INCORPORATION
PROCESSES ARE CONCLUDED PRIOR TO JANUARY 1, 2040; AND (B) IF SUCH
PETITIONS ARE DENIED, ANY SUBSEQUENT VILLAGE INCORPORATION PETITIONS
ASSOCIATED WITH SUCH PETITIONS SHALL ALSO CONTINUE TO BE SUBJECT TO THE
PROVISIONS OF ARTICLE 2 OF THE VILLAGE LAW IN EFFECT AS OF JUNE 1, 2023,
SO LONG AS SUCH INCORPORATION PROCESSES ASSOCIATED WITH SUCH PETITIONS
ARE COMPLETE PRIOR TO JANUARY 1, 2040. PROVIDED FURTHER, THAT FOR ANY
VILLAGE INCORPORATION PETITIONS THAT WERE INITIALLY FILED ON A DATE IN
FEBRUARY 2017 AND MAY 2019, RESPECTIVELY, IN A TOWN WITH A POPULATION OF
MORE THAN NINETY THOUSAND AS OF THE LATEST FEDERAL DECENNIAL CENSUS
LOCATED IN A COUNTY WITH A POPULATION OF MORE THAN NINE HUNDRED THOUSAND
AS OF THE LATEST FEDERAL DECENNIAL CENSUS, A STUDY ON THE FISCAL,
SERVICE, AND TAXATION INTERESTS OF THE POPULATION WHICH WOULD CONSTITUTE
THE RESIDENTS OF SUCH VILLAGE AND THE POPULATION WHICH CONSTITUTES THE
RESIDENTS OF SUCH TOWN IN WHICH SUCH VILLAGE WOULD BE ESTABLISHED SHALL
BE PREPARED FOR SUCH PROPOSED VILLAGE INCORPORATION, CONDUCTED BY THE
CENTER FOR GOVERNMENT RESEARCH OR OTHER QUALIFIED INSTITUTION AND SUCH
STUDY SHALL BE POSTED ON THE PUBLIC-FACING PORTION OF THE DEPARTMENT OF
STATE WEBSITE FOR NINETY DAYS PRIOR TO THE COMMENCEMENT OF ANY REFEREN-
DUM FOR THE APPROVAL OF SUCH A VILLAGE PURSUANT TO ARTICLE 2 OF THE
VILLAGE LAW, AND PROVIDED THAT WHERE ANY SUBSEQUENT VILLAGE INCORPO-
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RATION PETITIONS ASSOCIATED WITH SUCH PETITIONS SHALL BE FILED, THEN THE
REQUIREMENTS OF THIS SECTION SHALL BE DEEMED SATISFIED BY THE RE-PUBLI-
CATION OF SUCH STUDY, AND FURTHER PROVIDED, HOWEVER, THAT (I) SUCH
STATE-FUNDED STUDY SHALL BE SUBMITTED FOR POSTING ON THE PUBLIC-FACING
PORTION OF THE DEPARTMENT OF STATE WEBSITE BY NO LATER THAN APRIL 1,
2024; (II) SUCH STUDY SHALL BE POSTED ON THE DEPARTMENT OF STATE WEBSITE
NO LATER THAN THIRTY DAYS AFTER IT IS SUBMITTED FOR POSTING; AND (III)
THE ADEQUACY OF ANY SUCH STATE-FUNDED CENTER FOR GOVERNMENT RESEARCH, OR
OTHER QUALIFIED INSTITUTION CONDUCTED STUDY SHALL NOT BE A BASIS FOR
OBJECTING TO THE VILLAGE INCORPORATION PETITION OR THE SCHEDULING OF ANY
SUCH REFERENDUM FOR APPROVAL OF SUCH VILLAGE; PROVIDED FURTHER, THE
PROVISIONS OF THIS ACT SHALL NOT APPLY TO PETITIONS WHERE THERE IS A
JOINT NOTICE OF ELECTION SPECIFYING A DATE AND TIME OF THE ELECTION AND
SIGNED BY THE TOWN CLERKS OF EACH AFFECTED TOWN PURSUANT TO SECTION
2-214 OF THE VILLAGE LAW, DATED DECEMBER 22, 2023 OR EARLIER.
§ 7. Severability. If any clause, sentence, paragraph, section or part
of this act or application thereof to any municipality, person or
circumstances shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the application of the remainder thereof to any
municipalities, persons and circumstances, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered, and the legislature hereby declares that it would have
enacted this article without the invalid provision or application, as
the case may be, had such invalidity been apparent.
§ 8. This act shall take effect immediately, provided however, that
sections one, two, three, four and five of this act shall take effect on
the same date and in the same manner as a chapter of the laws of 2023
amending the village law relating to the incorporation of villages, as
proposed in legislative bills numbers S. 7538 and A. 7754, takes effect.