S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2051

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to amend the state finance law and the village law, in relation
  to coterminous municipalities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (ii)  of  paragraph  p of subdivision 10 of
section 54 of the state finance law, as amended by chapter  435  of  the
laws of 2012, is amended to read as follows:
  (ii)  Within the annual amounts appropriated therefor, surviving muni-
cipalities following a consolidation  or  dissolution  occurring  on  or
after  the state fiscal year commencing April first, two thousand seven,
AND ANY NEW COTERMINOUS TOWN-VILLAGE ESTABLISHED AFTER JULY  FIRST,  TWO
THOUSAND  TWELVE THAT OPERATES PRINCIPALLY AS A TOWN OR AS A VILLAGE BUT
NOT AS BOTH A TOWN AND A VILLAGE, shall  be  awarded  additional  annual
aid,  starting  in the state fiscal year following the state fiscal year
in which such [consolidation or dissolution] REORGANIZATION took effect,
equal to fifteen percent of the combined amount of real  property  taxes
levied  by all of the municipalities participating in the [consolidation
or dissolution] REORGANIZATION in the local fiscal  year  prior  to  the
local  fiscal year in which such [consolidation or dissolution] REORGAN-
IZATION took effect. In  instances  of  the  dissolution  of  a  village
located  in  more than one town, such additional aid shall equal the sum
of fifteen percent of the real property taxes levied by such village  in
the  village  fiscal year prior to the village fiscal year in which such
dissolution took effect plus fifteen percent of the  average  amount  of
real property taxes levied by the towns in which the village was located
in  the  town  fiscal  year  prior to the town fiscal year in which such
dissolution took effect, and shall be divided among such towns based  on
the  percentage  of  such village's population that resided in each such

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

                                                           LBD04303-01-3

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town as of the most recent federal decennial census. In  no  case  shall
the  additional  aid  pursuant  to  this  paragraph  exceed  one million
dollars. Such additional aid shall be apportioned and paid to the  chief
fiscal  officer  of  each  eligible  municipality on or before September
twenty-fifth of each such state fiscal year on audit and warrant of  the
state comptroller out of moneys appropriated by the legislature for such
purpose to the credit of the local assistance fund. [For the purposes of
being  eligible for a citizen empowerment tax credit, in addition to any
other municipality which is eligible, a town shall be deemed the surviv-
ing municipality in the case of a town and village existing as  of  July
first,  two  thousand  twelve, which thereafter, but not before, share a
coterminous boundary.  In the case of a town which qualifies for a citi-
zen empowerment tax credit as a result of sharing a coterminous boundary
with a village, the secretary of state is authorized to make  rules  and
regulations  to  implement  the  tax  credit  in circumstances where the
secretary determines such coterminous nature will result in  savings  to
taxpayers.]
  S  2. Clause 2 of subparagraph (i) of paragraph q of subdivision 10 of
section 54 of the state finance law, as amended by chapter  435  of  the
laws of 2012, is amended to read as follows:
  (2) For the purposes of this paragraph, "local government re-organiza-
tion"  shall mean the consolidation or dissolution of a local government
entity in accordance with article seventeen-A of the  general  municipal
law  [or  the making of the boundaries of a town and village existing on
July first, two thousand twelve coterminous  in  a  manner  which  would
qualify the town for a citizen empowerment tax credit] OR THE ESTABLISH-
MENT  OF  A  NEW COTERMINOUS TOWN-VILLAGE THAT OPERATES PRINCIPALLY AS A
TOWN OR AS A VILLAGE BUT NOT AS BOTH A TOWN AND A VILLAGE.
  S 3. Section 17-1700 of the village law, as amended by chapter 960  of
the laws of 1977, is amended to read as follows:
  S  17-1700  Application. This article shall apply to any village which
has been or may hereafter be incorporated to embrace the entire territo-
ry of a town, TO ANY VILLAGE WHICH HAS ANNEXED OR MAY HEREINAFTER  ANNEX
TERRITORY  TO  EMBRACE  THE  ENTIRE TERRITORY OF A TOWN, and to any town
which has been or may hereafter be created to be  coterminous  with  any
village.
  S  4.  Subdivision 1 of section 17-1702 of the village law, as amended
by chapter 960 of the laws of 1977, is amended to read as follows:
  1. The boundaries of a  village  incorporated  OR  WHICH  HAS  ANNEXED
TERRITORY  to embrace the entire territory of a town, shall be deemed to
embrace the entire territory of such town as such territory  may  there-
after  be  extended, diminished or altered pursuant to law. Whenever the
territory of  any  other  village  to  which  this  article  applies  is
extended,  diminished  or altered pursuant to law, other than by consol-
idation, then the territory of the town which is coterminous  with  such
village  shall  be  deemed to be correspondingly extended, diminished or
altered.
  S 5. Subdivision 1 of section 17-1703 of the village law, as added  by
chapter 355 of the laws of 1975, is amended to read as follows:
  1.  Upon the filing of the certificate of incorporation of each [such]
village WHICH HAS BEEN INCORPORATED TO EMBRACE THE ENTIRE TERRITORY OF A
TOWN in the office of the clerk of the town, the town board of such town
shall constitute the interim board of trustees of the  village  for  all
purposes  and  the supervisor of such town shall be the interim mayor of
such village for all purposes until the first election in  such  village
of  a  board of trustees and mayor. Upon the qualification and filing of

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the oath of office by the mayor and trustees elected in accordance here-
with, the holding of the office, ex officio, of mayor or trustee by  any
town officer shall terminate.
  S 6. Subdivisions 1 and 2 and the opening paragraphs of subdivisions 3
and  4  of section 17-1703-a of the village law, as added by chapter 960
of the laws of 1977, are amended to read as follows:
  1. In any village as to which a town is created to be coterminous with
such village, AND IN ANY VILLAGE WHICH AFTER JULY  FIRST,  TWO  THOUSAND
TWELVE  ANNEXES  TERRITORY  TO  EMBRACE  THE ENTIRE TERRITORY OF A TOWN,
there shall be submitted to the voters in such village at  the  November
general  election  next  preceding the effective date of the creation of
such town OR ANNEXATION OF SUCH TERRITORY,  a  proposition  as  follows:
"Shall  the local government of      operate PRINCIPALLY AS A VILLAGE or
PRINCIPALLY AS A TOWN?" Such proposition shall be presented so that  the
choice to be indicated by the voter shall be either "VILLAGE" or "TOWN".
IN ANY VILLAGE WHICH ANNEXED TERRITORY PRIOR TO JULY FIRST, TWO THOUSAND
TWELVE  TO EMBRACE THE ENTIRE AREA OF A TOWN, THE BOARD OF TRUSTEES MAY,
UPON ITS OWN MOTION, SUBMIT SUCH A PROPOSITION TO  THE  VOTERS  OF  SUCH
VILLAGE AT THE NEXT SUCCEEDING NOVEMBER GENERAL ELECTION.
  2.  Upon  the  effective  date of the creation of the town COTERMINOUS
WITH A VILLAGE, the mayor and the board  of  trustees  of  such  village
shall  constitute  respectively the interim supervisor and town board of
such town for all  purposes  until  their  successors  shall  have  been
elected and commenced their terms of office as hereinbelow provided for.
All  other  elected  and  appointed  village  officers  shall constitute
respectively and corresponding interim officers of such town until their
respective successors shall have been elected or appointed, as the  case
may  be, and commenced their terms of office as hereinbelow provided for
or as otherwise regularly provided by law.
  In any case in which the proposition provided for in  subdivision  one
of  this  section  shall  have resulted in favor of the local government
operating principally as a  village,  the  holders  of  village  offices
shall,  from and after the effective date of the creation of the town OR
ANNEXATION OF SUCH TERRITORY, by virtue thereof also hold town  offices,
as follows:
  In  any  case in which the proposition provided for in subdivision one
of this section shall have resulted in favor  of  the  local  government
operating  principally  as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year.  The term of
office of each other elected  village  office  shall  also  end  at  the
conclusion  of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town councilmen and two town justices shall  be  filled
by  election  as  hereinafter  provided at the November general election
next following the effective date of the creation of such town OR  ANNE-
XATION  OF  SUCH  TERRITORY; all other town offices shall be appointive.
The election of the supervisor, councilmen and  justices  shall  be  for
terms of office as follows:
  S 7. Subdivision 1 of section 17-1714 of the village law is amended to
read as follows:
  1.  For  the  purpose of enabling such villages to procure federal aid
under the provisions of the national  industrial  recovery  act  in  the
establishment  of  hospitals, the board of trustees of any village which
has been or may hereafter be incorporated OR WHICH HAS ANNEXED TERRITORY
to embrace the entire territory of a town, and which is  adjacent  to  a

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city  or  town  in which a hospital is maintained by a duly incorporated
membership corporation, may acquire by gift or purchase title  to  lands
in  such city or town in trust for hospital purposes. If such land is to
be  acquired  by  gift, the acquisition shall be subject to a permissive
referendum or if such land is to be acquired by purchase,  the  acquisi-
tion  shall  be  subject  to a permissive referendum if it is to be paid
from taxes levied for the fiscal year in which such expenditure is made.
The board may construct and maintain on such land suitable buildings and
equip the same for hospital purposes and, from time to time, enter  into
one or more agreements with such membership hospital corporation for the
control  and operation thereof, and such board of trustees may accept on
such terms as the president of the United States  shall  prescribe,  any
grants  made  by  him  pursuant  to  the provisions of the said national
industrial recovery act in aid of the establishment of the  said  hospi-
tal.
  S 8. Section 17-1735 of the village law, as added by chapter 18 of the
laws of 1977, is amended to read as follows:
  S  17-1735 Town legislation to carry over. Notwithstanding any general
or special law to the contrary in any village  which  has  been  or  may
hereafter be incorporated to embrace the entire territory of a town, AND
IN  ANY VILLAGE WHICH HAS ANNEXED TERRITORY TO EMBRACE THE ENTIRE TERRI-
TORY OF A TOWN, all local laws, ordinances, resolutions, rules and regu-
lations in effect in such town,  on  the  date  of  incorporation  shall
remain  in  effect  in  such  village,  and such local laws, ordinances,
resolutions, rules and regulations may be amended from time to  time  by
the  town board, and such amendments shall be in effect in such village,
and new local laws, ordinances, resolutions, rules and  regulations  may
be enacted from time to time by the town board and shall be in effect in
such village, as if the same had been duly adopted by the board of trus-
tees  provided,  however, that such local laws, ordinances, resolutions,
rules and regulations shall cease to be in effect in the village or  any
part  thereof  when  so  determined  by  duly enacted village local law,
resolution, rule or regulation as may be appropriate, or  when  replaced
by duly enacted village local law, resolution, rule or regulation cover-
ing  the  same subject matter.   Any such local laws, ordinances, resol-
utions, rules or regulations, and any local laws, resolutions, rules  or
regulations  enacted  by  any  such  village,  may  be  administered and
enforced by either such town or such village.
  S 9. This act shall take effect immediately.