Bill S2787-2013

Relates to coterminus municipalities

Relates to coterminus municipalities.

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  • May 1, 2013: SUBSTITUTED BY A2051
  • Apr 29, 2013: ADVANCED TO THIRD READING
  • Apr 24, 2013: 2ND REPORT CAL.
  • Apr 23, 2013: 1ST REPORT CAL.417
  • Jan 23, 2013: REFERRED TO FINANCE

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BILL NUMBER:S2787

TITLE OF BILL: An act to amend the state finance law and the village law, in relation to coterminous municipalities

PURPOSE OR GENERAL IDEA OF BILL: To amend chapter 435 of the laws of 2012 to clarify the eligibility of certain grant programs.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subparagraph (ii) of paragraph p of subdivision 10 of section 54 of the State Finance Law to clarify that for purposes of the Citizen Empowerment Tax Credit, when a town and village engage in a co-terminus reorganization, they must choose to operate principally as a village or as a town but not both.

Section 2: Amends clause 2 of subparagraph (i) of paragraph q of subdivision 10 of section 54 of the State Finance Law to clarify that for purposes of the Local Government Citizens Reorganization Grant Program, when a town and village engage in a co-terminus reorganization, they must choose to operate principally as a village or as a town but not both.

Section 3: Amends section 17-1700 of the Village Law to include villages which have annexed territory to embrace the entire territory of a town within the purview article 17 of the Village Law which contains provisions that are applicable to a village embracing the entire territory of a town.

Section 4: Amends subdivision 1 of section 17-1702 of the Village Law to provide that when a village annexes territory to embrace the entire territory of a town and later the borders of the village change, the corresponding border of the town changes as well.

Section 5: Amends subdivision 1 of section 17-1703 of the Village Law to provide that when a village has been incorporated to embrace the entire territory of a town within the provisions of that section.

Section 6: Amends subdivisions 1 and 2 of the opening paragraphs of subdivisions 3 and 4 of section 17-1703 of the Village Law to clarify that any existing coterminous town-village shall not be required to submit a proposition to the voters to decide if the coterminous townvillage shall operate principally as a town or principally as a village.

Section 7: Amends subdivision 1 of section 17-1714 of the Village Law to include villages which have annexed territory to embrace the entirety of a town within the provisions of that section.

Section 8: Amends section 17-1735 of the Village Law to include any village which has annexed territory to embrace the entire territory of a town within the provision for carrying over local town laws.

Section 9: Effective date.

JUSTIFICATION: This legislation is needed to clarify that a coterminous town-village that operates principally as a town or principally as a village shall be eligible for the Citizens Empowerment Tax Credit program and the Local Government Citizens Re-organization Grant program in order to provide consistency with the goals of these grant programs, including reducing the numbers and layers of local governments, and improving the overall efficiency of local governments.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2787 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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 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 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 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.

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