Bill Text: NY S07861 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to elections and elective officers of new towns.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-07-01 - SIGNED CHAP.104 [S07861 Detail]
Download: New_York-2017-S07861-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7861--A IN SENATE March 5, 2018 ___________ Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to the formation of and elections in new towns The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. 1. The provisions of this act shall apply to any new town 2 created pursuant to the division of a town into two or more towns pursu- 3 ant to article 5 of the town law as adopted by the qualified electors at 4 a biennial town election held November 7, 2017. 5 2. For the purposes of this act "new town" shall refer to a town 6 created pursuant to the division of any existing town by a proposition 7 adopted at a biennial town election held November 7, 2017. 8 § 2. 1. Notwithstanding section 80 and subdivision 2 of section 74 of 9 the town law, the election of town officers for the new town shall be 10 held on the Tuesday next succeeding the first Monday in November 2018. 11 2. Notwithstanding section 24 of the town law, all elective officers 12 other than town councilmen, town justices and the receiver of taxes and 13 assessments shall hold their respective offices for 1 year. The terms of 14 office of town councilmen shall be 1 year each for 2 town councilmen and 15 3 years each for 2 town councilmen. The term of office of the receiver 16 of taxes and assessments shall be 3 years. The term of each town officer 17 elected to office in November 2018 shall commence January 1, 2019. The 18 terms of town officers elected for a 1 year term shall expire December 19 31, 2019 and the terms of officers elected for a 3 year term shall 20 expire December 31, 2021, unless otherwise provided for in law. 21 § 3. Notwithstanding section 80 of the town law, the election held 22 pursuant to section two of this act shall be deemed the first biennial 23 town election for the new town, for the purposes of: 24 1. the effective date for the purposes of exercise of governmental 25 functions pursuant to subdivision 2 of section 74 of the town law; 26 2. the disposition of property pursuant to section 75 of the town law; 27 3. the apportionment of debts pursuant to section 76 of the town law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13405-10-8S. 7861--A 2 1 4. the meetings of town boards pursuant to section 77 of the town law; 2 and, 3 5. the right of action upon failure of towns to agree upon the dispo- 4 sition of assets and debts pursuant to section 78 of the town law. 5 § 4. Pursuant to subdivision 1 of section three of this act and subdi- 6 vision 2 of section 74 of the town law, the new town shall be effective 7 for the purposes of the exercise of governmental functions January 1, 8 2019. 9 § 5. By January 31, 2019, the town board of the new town shall meet to 10 adopt a final budget for the new town's fiscal year 2019 with the same 11 force and effect as though prepared and adopted pursuant to article 8 of 12 the town law. Such budget shall be adopted in accordance with article 8 13 of town law to the extent practicable, provided, however, the budget 14 adopted by the new town shall be in the form and contain such informa- 15 tion as required by section 107 of the town law, and, provided further, 16 the new town shall not be required to hold a public hearing as required 17 in section 108 of the town law. 18 § 6. 1. Biennial town elections to be held after January 1, 2019 in 19 the new town shall be held every odd-numbered year pursuant to section 20 80 of the town law. 21 2. The terms of office for elective officers of the new town elected 22 after January 1, 2019 shall be as provided for pursuant to section 24 of 23 the town law. 24 3. In the event that the entire territory of the new town shall become 25 coterminous with a village and a proposition submitted to the voters 26 pursuant to article 17 of the village law has resulted in favor of the 27 local government operating principally as a village, provisions of arti- 28 cle 17 of the village law shall supersede subdivisions one and two of 29 this section. 30 § 7. This act shall take effect immediately.