Bill Text: NY A09939 | 2019-2020 | General Assembly | Introduced

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Bill Title: Revises the process of incorporating a village such as the contents of a petition and the filing process.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-27 - referred to local governments [A09939 Detail]

Download: New_York-2019-A09939-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9939

                   IN ASSEMBLY

                                    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:

     1    Section  1. Section 2-200 of the village law, subdivision 2 as amended
     2  by chapter 932 of the laws of 1974, is amended to read as follows:
     3    § 2-200 Population and area requirements. 1. A territory containing  a
     4  population of at least [five] twenty-five hundred persons [who are regu-
     5  lar inhabitants thereof, as hereinafter defined,] may be incorporated as
     6  a  village under this chapter provided such territory does not include a
     7  part of a city or village and further provided the limits of such terri-
     8  tory:
     9    a. do not contain more than five square miles; or
    10    b. are coterminous with the entire boundaries of a school, fire,  fire
    11  protection, fire alarm, town special or town improvement district; or
    12    c.  are  coterminous  with  parts  of  the boundaries of more than one
    13  school, fire, fire protection, fire alarm, town special or town improve-
    14  ment district, all of which are wholly contained within such limits  and
    15  within one town; or
    16    d. are coterminous with the entire boundaries of a town.
    17    2. The [words "regular inhabitants" as used herein and for the purpose
    18  of  this  article  shall  include  all persons residing in the territory
    19  proposed to be incorporated except such persons who themselves,  or  who
    20  are  persons  under the age of eighteen years residing with persons who,
    21  maintain a residence outside such  territory  which  is  used  as  their
    22  address  for  purposes  of  voting]  population  of a territory shall be
    23  determined on the basis of the most recent decennial federal census.
    24    § 2. Section 2-202 of the village law, subparagraph 2 of  paragraph  f
    25  of  subdivision  1  as  amended  by  chapter 181 of the laws of 2004, is
    26  amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14166-06-0
        A. 9939                             2

     1    § 2-202 Petition for incorporation. 1. A proceeding for  the  incorpo-
     2  ration  of  such  territory as a village shall commence with a petition.
     3  The requirements for such petition are as follows:
     4    a.  Petitioners.  [Either  one  or both of the following two groups of
     5  persons may petition for such incorporation:
     6    (1)] At least twenty [per cent]  percent  of  the  residents  of  such
     7  territory  qualified to vote for town officers in a town in which all or
     8  part of such territory is located shall sign such petition.
     9    [(2) The owners of more than fifty percent in  assessed  valuation  of
    10  the  real  property  in  such territory assessed upon the last completed
    11  assessment roll of the town in which such territory is located. However,
    12  if such territory is located in more than one town it shall be  required
    13  in  computing  such  percentage  to equalize the assessed valuations for
    14  each town; furthermore, in such case, the petition must be signed by the
    15  owners of more than fifty percent in full valuation of the real property
    16  in each part of each town in such territory and computed separately  for
    17  each such part, and assessed upon the last completed assessment rolls of
    18  the towns in which any part of such territory is located. Full valuation
    19  shall  be  determined  by  applying the appropriate equalization rate to
    20  such assessed valuations. If real property in such territory is owned by
    21  tenants in common, joint tenants or tenants by the entirety,  each  such
    22  tenant,  as  a  signer of such petition shall, for the purpose of ascer-
    23  taining the percentage of the assessed valuation upon which the petition
    24  is based, be considered as the owner of an interest in such real proper-
    25  ty equal to the result reached by dividing the assessed valuation by the
    26  number of owners thereof and shall be credited to that extent with  part
    27  of the total assessed valuation thereof. In the event such real property
    28  is  part  of  a parcel of land partially situated within such territory,
    29  the town assessor or assessors shall, for the purposes of  this  section
    30  make  an  apportionment of the assessed value of such part as is in such
    31  territory. In such a case, only the apportioned value attributed to such
    32  part shall be considered.]
    33    b. Contents of petition. The  petition  shall  contain  the  following
    34  information:
    35    (1)  An allegation [of the basis on which the petition is signed] that
    36  at least twenty percent of the residents  qualified  to  vote  for  town
    37  officers have signed such petition.
    38    (2) The name of the proposed village.
    39    (3)  An  allegation  that  such  territory contains a population of at
    40  least [five] twenty-five hundred [regular inhabitants] persons according
    41  to the most recent decennial census.
    42    (4) The manner in which the area requirements of section 2-200 of this
    43  article are satisfied.
    44    (5) A designation of at least one but  no  more  than  three  persons,
    45  giving  full  names  and  addresses,  on whom and at which addresses all
    46  papers required to be served  in  connection  with  the  proceeding  for
    47  incorporation, shall be served. A majority of such designees must reside
    48  in such territory.
    49    (6)  Each  page  of  the  petition and all exhibits and certifications
    50  shall be securely fastened together.
    51    c. Exhibits and certifications. Each copy of the petition  shall  have
    52  attached thereto prior to the signature pages:
    53    (1)  A  description  of  such  territory  sufficient  to  identify the
    54  location and extent of such territory with common  certainty  and  which
    55  shall  be  in one of the following forms or a combination thereof: (a) a
    56  metes and bounds description; (b) a description made with  reference  to
        A. 9939                             3

     1  existing streets and navigable waters or a combination of same; or (c) a
     2  map  showing  existing  streets and navigable waters or a combination of
     3  same forming boundaries or metes and bounds or the entire boundaries  of
     4  one or more districts of an entire town.
     5    (2)  A  [list  of  the names and address of the regular inhabitants of
     6  such territory] copy of a financial  impact  statement.  Such  financial
     7  impact  statement  shall include the following: (a) a proposed operating
     8  budget for the territory to be  incorporated;  (b)  a  proposed  capital
     9  budget  for  the  territory to be incorporated; (c) a description of the
    10  services that would be provided by the proposed  village  and  how  such
    11  services would be delivered; (d) the estimated property tax impact for a
    12  five  year  period on the territory to be incorporated and the remaining
    13  area of the town or towns; and (e) an executive summary of  such  finan-
    14  cial  impact statement, including the estimated real property tax impact
    15  on the territory to be incorporated and the remaining area of  the  town
    16  or towns.
    17    d. [If the petition is alleged to be signed by the owners of more than
    18  fifty per cent in assessed or full valuation, as the case may be, of the
    19  real property in such territory, there shall be attached to the petition
    20  following  the  signatures of the petitioners an affidavit or affidavits
    21  certifying as follows:
    22    (1) If such territory is located entirely in one town, a certification
    23  by an assessor thereof certifying to the  total  assessed  valuation  of
    24  such territory and the correct total amount thereof owned by the signers
    25  of the petition, or
    26    (2)  If  such  territory  is  located  in more than one town, separate
    27  certifications by an assessor of each town certifying to the total  full
    28  valuation of that portion of such territory located in such town and the
    29  correct total amount of full valuation of real property in such territo-
    30  ry  and  town  owned  by  the  signers  of the petition, as specified in
    31  subparagraph two of paragraph a of subdivision one of this section.
    32    e.] Execution of petition. (1) The signatures to a petition  shall  be
    33  subscribed on a separate page or pages following the exhibits.
    34    (2)  Prefatory  statement.  Each signature page shall be prefaced by a
    35  statement [of the basis on which the petition is signed and of the] that
    36  the petitioners are residents of the territory to be incorporated quali-
    37  fied to vote for town officers in such territory and that the  petition-
    38  ers'  [familiarity] are familiar with the contents and purpose [thereof]
    39  of such petition and the boundaries of the territory sought to be incor-
    40  porated.
    41    (3) Additional information. Following each signature  there  shall  be
    42  set  forth, not necessarily by the signer, the signer's address consist-
    43  ing of street name and number, if any, and town[; and, if  the  petition
    44  is  based  on  the  ownership of more than fifty per cent in assessed or
    45  full valuation, as the case may be, of the real property located in such
    46  territory, the amount of assessed valuation of real  property  owned  by
    47  the  signer  as  credited  to him in accordance with subparagraph two of
    48  paragraph a of subdivision one of this section].
    49    (4) Authentication. There shall be set forth at  the  bottom  of  each
    50  page of signatures an authenticating affidavit of a witness to the sign-
    51  ing thereof which shall be in substantially the following form:

    52  STATE OF NEW YORK
    53  COUNTY OF            ss.:
        A. 9939                             4

     1  ...................................................... being duly sworn,
     2  (name of witness)
     3  says:
     4  I reside at ..................................................... in the
     5                         (street name and number)
     6  ................................ of ....................................
     7  (town, city or village)                           (name of municipality)
     8  .............................................. in the State of New York:
     9  I know each of the persons whose names are subscribed to the above sheet
    10  having .................................... signatures; and each of them
    11                (number)
    12  subscribed the same in my presence.

    13                                       ...................................
    14                                            (signature of witness)

    15  Sworn to before me
    16  This .................. day of ..................,  ....................
    17               (day)                  (month)               (year)

    18   ...............................
    19     (official title of officer)

    20    [f]  e. Filing and deposit. (1) Filing. The original petition shall be
    21  filed with a supervisor of the town in which all or the greatest part of
    22  such territory is located. Duplicate  originals,  photocopies  or  other
    23  similar  reproductions  of  the  original petition shall be filed with a
    24  supervisor of each other town in which any portion of such territory  is
    25  located.
    26    (2)  Deposit.  At  the  time  of filing of the petition there shall be
    27  deposited with each supervisor with whom the original or a copy  of  the
    28  original  is  filed,  the sum of six thousand dollars to pay the cost of
    29  posting, publishing and serving required notices, stenographic  services
    30  and services of inspectors of election in the event incorporation is not
    31  effected.
    32    § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
    33  amended by chapter 167 of the laws of 1985 and paragraph e as amended by
    34  chapter 561 of the laws of 1975, is amended to read as follows:
    35    1.  The  supervisor,  or supervisors if a joint hearing, with whom the
    36  petition or copies thereof, were filed, shall meet at the time and place
    37  specified in  such  notice  and  shall  hear  objections  which  may  be
    38  presented  as to the legal sufficiency of the petition for incorporation
    39  based upon any of the following grounds:
    40    a. That a person signing such petition was not qualified therefor;
    41    b. [If it is alleged that the petition is submitted on the basis  that
    42  the  persons  signing  such  petition  constitute twenty per cent of the
    43  residents in such territory qualified to vote for officers of a town  in
    44  which  all or part of such territory is located, that such allegation is
    45  false;
    46    c. If it is alleged that the petition is submitted on the  basis  that
    47  the  persons  signing  such  petition  are the owners of more than fifty
    48  percent in assessed valuation of the real property in such territory  or
    49  in full valuation of the real property in each part of each town in such
    50  territory  and  computed  separately for each such part, as the case may
    51  be, assessed upon the last completed assessment roll  or  rolls  of  the
    52  town  or  towns  in which all or part of such territory is located, that
        A. 9939                             5

     1  such allegation is false] That the allegation that the petition  consti-
     2  tutes twenty percent of the residents of the territory qualified to vote
     3  for officers of a town in which all or part of such territory is located
     4  is false;
     5    [d] c. That such territory is part of a city or village;
     6    [e] d. That if such territory is less than an entire town, it contains
     7  more  than  five  square  miles and the limits of such territory are not
     8  coterminous with  the  entire  boundaries  of  one  school,  fire,  fire
     9  protection,  fire  alarm,  town special or town improvement district and
    10  the limits of such territory are not coterminous with parts of the boun-
    11  daries of more than one school, fire, fire protection, fire alarm,  town
    12  special  or town improvement district, all of which are wholly contained
    13  within such limits and within one town;
    14    [f] e. That such territory does not contain a population of  at  least
    15  [five] twenty-five hundred [regular inhabitants] persons;
    16    [g]  f.  That  the  petition  in  any other specified respect does not
    17  conform to the requirements of this article.
    18    § 4. The section heading, subdivisions 1 and 4 of section 2-210 of the
    19  village law are amended to read as follows:
    20    Review of [decision] decisions. 1. The decision of the  supervisor  or
    21  supervisors  as  to  the  legal  sufficiency of the petition pursuant to
    22  section 2-208 of this article and the decision of the state  comptroller
    23  as  to  financial  feasibility pursuant to section 2-211 of this article
    24  shall be subject to judicial review in the manner  provided  in  article
    25  seventy-eight  of  the civil practice law and rules. Such proceeding may
    26  be brought on the ground or grounds that said decision is illegal, based
    27  on insufficient evidence, or contrary to the weight of evidence. If  the
    28  court  determines that additional testimony or evidence is necessary for
    29  the proper disposition of the matter it may take such evidence or testi-
    30  mony or appoint a referee to take such evidence or testimony as  it  may
    31  direct and report the same to the court with his or her findings of fact
    32  and  conclusions  of law which shall constitute a part of the proceeding
    33  upon which the determination of the court shall be made. The  court  may
    34  reverse  or  affirm  on  the  basis of law and fact as determined by the
    35  court.
    36    4. In addition to the requirements of said article seventy-eight:
    37    a. Notice of such a proceeding shall be given to  the  town  clerk  of
    38  each  town in which any part of such territory is located. [He] The town
    39  clerk shall cause same to be filed in [his] the clerk's office.
    40    b. If the proceeding be brought to  review  [a]  an  adverse  decision
    41  [adverse  to the petition], copies of all papers in connection therewith
    42  shall be served on all persons designated by objectors to  the  petition
    43  pursuant to section 2-204 of this article and on all other objectors who
    44  have  made  no  such designations and whose objections were submitted in
    45  writing  and  signed.  Service  shall  be  sufficient  if  made   either
    46  personally or by certified mail with a return receipt.
    47    c.  If  the  proceeding be brought to review a decision sustaining the
    48  petition, copies of all papers in connection therewith shall  be  served
    49  on all persons designated in the petition to receive same.
    50    d.  All persons served pursuant to paragraphs b and c of this subdivi-
    51  sion shall be parties to such proceeding  under  said  article  seventy-
    52  eight.
    53    e.  All  issues in any proceeding hereunder shall have preference over
    54  all other civil actions and proceedings.
    55    § 5. The village law is amended by adding a new section 2-211 to  read
    56  as follows:
        A. 9939                             6

     1    §  2-211  Decision  of the state comptroller. 1. Within ten days after
     2  the first occurring of either the expiration of  thirty  days  from  the
     3  filing  of the original decision sustaining the legal sufficiency of the
     4  petition and no proceeding having been instituted to review same, or the
     5  filing  of a final order sustaining the petition after such a proceeding
     6  to review, each supervisor with whom same were filed shall file  a  copy
     7  of  the  petition  with  the office of the state department of audit and
     8  control located in Albany for a review and decision by the  state  comp-
     9  troller, as provided for by this section.
    10    2.  The  state comptroller shall examine the proposed operating budget
    11  for the territory to be incorporated, the proposed  capital  budget  for
    12  the area to be incorporated, a description of the services that would be
    13  provided  by  the proposed village and how such services would be deliv-
    14  ered and the estimated property tax impact for a five year period on the
    15  territory to be incorporated and the  remaining  area  of  the  town  or
    16  towns.
    17    3.  The state comptroller shall issue a decision to each supervisor on
    18  the financial feasibility of the proposed village incorporation.
    19    4. In order to make a favorable decision of financial feasibility, the
    20  state comptroller shall make the following findings:
    21    a. that the overall public interest shall be served  by  the  incorpo-
    22  ration of the territory into a village;
    23    b.  that the cost of the village shall not be an undue burden upon the
    24  territory to be incorporated or the remainder of the town;
    25    c. that the revenue estimates and appropriations, as set forth in such
    26  financial  impact  statement,  are  adequate  to  deliver  the  services
    27  proposed; and
    28    d.  that  in  all regards, such financial impact statement provides an
    29  accurate, valid and  transparent  presentation  of  information  to  the
    30  public.
    31    5.  Said  decision  shall be delivered to each supervisor within sixty
    32  days of submission to the state comptroller. Each supervisor shall  file
    33  a  copy  of  the  decision  of the state comptroller with the town clerk
    34  within five days of receipt. Said decision shall be available for public
    35  inspection. A copy of said decision shall also be mailed to the incorpo-
    36  rators designated pursuant to subparagraph four of paragraph b of subdi-
    37  vision one of section 2-202 of this article and  all  objectors  to  the
    38  petition,  pursuant  to  section  2-204 of this article, by regular mail
    39  within five days of receipt.
    40    6. Where the determination of the state comptroller is  not  favorable
    41  and  no  proceeding  is instituted to review such decision, the decision
    42  shall be final and conclusive.  The town shall take no further action on
    43  such petition. A new proceeding for incorporation shall not be commenced
    44  for at least one year.
    45    § 6. Section 2-212 of the village law is REPEALED and  a  new  section
    46  2-212 is added to read as follows:
    47    § 2-212 Right to election. 1. An election to determine the question of
    48  incorporation  shall  be  held  no later than forty days after the first
    49  occurring of either of the following events:
    50    a. the expiration of thirty days from the filing of a favorable  deci-
    51  sion  of  the  state  comptroller  with the town clerk and no proceeding
    52  having been instituted to review the same;
    53    b. the filing of a final order sustaining a favorable decision of  the
    54  state comptroller after such a proceeding to review; or
    55    c.  the  filing of a final order otherwise directing an election to be
    56  held on the question of incorporation.
        A. 9939                             7

     1    2. The provisions of the election law not inconsistent herewith  shall
     2  apply to such election so far as the same are practicable.
     3    §  7.  Subdivision 5 of section 2-220 of the village law is renumbered
     4  subdivision 6 and a new subdivision 5 is added to read as follows:
     5    5. Absentee ballots shall be provided for such election  in  the  same
     6  manner  as  a special town election pursuant to section eighty-four-a of
     7  the town law, provided that the applicant for an absentee  ballot  shall
     8  be a resident of such territory qualified to vote for town officers.
     9    §  8.  Subdivision d of section 2-232 of the village law is amended to
    10  read as follows:
    11    d. A statement of the population of the territory as  it  appears  [by
    12  the  exhibit  attached  to] in the contents of the petition for incorpo-
    13  ration.
    14    § 9. Applicability. This act shall apply to  any  proceeding  for  the
    15  incorporation  of  a  village  where  the  right to election has not yet
    16  accrued pursuant to the former section 2-212 of the village law.
    17    § 10. Severability. If any provision of this act, or  any  application
    18  of  any  provision  of  this  act, is held to be invalid, that shall not
    19  affect the validity or effectiveness of any other provision of this act,
    20  or of any other application of any provision of this act, which  can  be
    21  given effect without that provision or application; and to that end, the
    22  provisions and applications of this act are severable.
    23    § 11. This act shall take effect immediately.