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S1716Senate2017-2018 Session

Keep Village Services After Dissolution

Official title

“Relates to the establishment and operation of a hamlet district to continue to provide village services upon the dissolution of a village”

Sponsor David CarlucciSD-38Affects Local Government
Status
In Senate Committee
Local Government
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

This bill allows towns to create "hamlet districts" to continue providing village services after a village dissolves.

Why it matters

  1. Protects local services and identity. By allowing towns to establish "hamlet districts" after a village dissolves, residents can continue to receive the same services (like road maintenance, public safety, and garbage collection) that their village previously provided, reducing disruption and preserving a sense of local community.

  2. Ensures fair distribution of costs and debts. The bill specifies that only property within the former village will be taxed for the continuation of these services, and that the town will take on any pre-existing debts or obligations related to those services—helping to prevent financial burdens from being unfairly spread to the broader town.

  3. Smooths the transition for local governance. For the first two years after a village dissolves, a transitional board that includes former village officials and town board members will govern the hamlet district, helping maintain institutional memory and local representation before the town board takes full control.

  4. May encourage voluntary dissolutions. By providing a structured way to keep services and some self-governance after dissolution, this law could make it more attractive for small villages facing fiscal or administrative challenges to dissolve, potentially leading to more efficient local government.

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Who cares

Headline styles

Keep Village Services After Dissolution

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Consumer Protection

No co-sponsors yet.

History

  1. Referred to local government
  2. Referred to local government

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1716

2017-2018 Regular Sessions

IN SENATE

January 10, 2017

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to the establishment and operation of a hamlet district to continue to provide village services upon the dissolution of a village

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The town law is amended by adding a new section 203-a to read as follows:

§ 203-a. Hamlet district. 1. Notwithstanding any provision of this article to the contrary, the town board of the town in which a village dissolves itself pursuant to title three of article seventeen-A of the general municipal law, may elect to establish a hamlet district to provide all services to the residents of the dissolved village, prior to the dissolution, pursuant to articles eight, ten, eleven, twelve, thirteen, fourteen, fifteen and twenty-two of the village law.

2. All debts, liabilities and obligations relating to the services formerly provided by the dissolved village shall be assumed by the town pursuant to section seven hundred ninety of the general municipal law.

3. Upon the establishment of a hamlet district, such district shall assume the duties and functions of the dissolved village and continue to provide the services theretofore provided by such village. The cost of such services shall be a charge upon the taxable property within the dissolved village.

4. During the first year of the establishment of the hamlet district, such district shall be governed by a board consisting of the mayor and two trustees of the dissolved village, and two members of the town board of the town. During the second year after the establishment of the hamlet district, such district shall be governed by a board consisting of two trustees of the dissolved village, and the supervisor and two town board members of the town. Thereafter the hamlet district shall be governed by the town board.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01843-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the town law, in relation to the establishment and operation of a hamlet district to continue to provide village services upon the dissolution of a village

Purpose

The goal of this bill is to allow villages to dissolve but allow for continued services to a resulting Hamlet without resorting to the creation of other districts, such as water or fire districts, within the Town. This gives village residents a level of safety and comfort when confronting a decision on whether or not to dissolve a village.

Summary of provisions

Section 1. Adds a new section 203-a to the town law. Subdivision 1 empowers the town board to create a hamlet district to continue to provide residents of a dissolved village with services. Subdivision 2 assigns the obligations accrued in relation to the provision of services to the town. Subdivision 3 assigns the hamlet district the duties and functions of the dissolved village and charges the services to the taxable property within the boundaries of the dissolved village. Subdivision 4 addresses the phasing period and the composition of the governing body of the hamlet district. In the first year, the mayor and two trustees of the dissolved village and two trustees of the town board shall govern the new specified district. The second year two trustees of the village, two town board members and the town supervisor shall govern. Thereafter the town board shall govern the hamlet district. The purpose of this section is to transfer the operation and management of village services gradually from village officials and former village officials that have knowledge about the provision of former village services to the town officials.

Read the full memo (607 words)

Justification

Allowing for the creation of a Hamlet District to continue necessary services once provided by a now-dissolved Village is a cost saving measure. This Bill creates a mechanism so that villages may more easily be dissolved without the residents of such former village experiencing a gap or lack in necessary services. The citizens of a hamlet and town at large should not have to endure an expensive and time consuming process to create districts for services once provided by a village. This Bill is designed to address the concerns of citizens regarding uninterrupted necessary services while facing a vote on whether to dissolve a village. A level of comfort concerning services provided by a village will encourage a responsible vote by the residents.

Another goal is to encourage smaller villages to dissolve and then transfer the provision of services to one special district governed by the town board, the net effect of which is to lower the cost of such services. A hamlet district would assume the village role in providing services as a singular entity as opposed to creating numerous services districts such as fire, water, sewer, police protection, and so forth to replace the former village municipal services. An existing town board is able to provide for a comprehensive list of municipal functions without the necessity and expense of having village officers such as secretaries, clerk, board of trustees, planning board, or assessors. However, a phasing period may be necessary to ensure continued, reliable service and thus this bill allows for former Village Trustees and the mayor to maintain a presence in the governing body for two years and impart their specialized local knowledge as it phases over to total town board control in the third year.

Legislative history

2015-16: 52014 - Local Government 2011-12: 54297 - Local Government Committee

Fiscal implications

None to state.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.