What's happening
This bill allows towns to create hamlet districts to continue village services after a village dissolves, with a transitional governing board.
Why it matters
Ensures continuity of local services. By allowing the creation of hamlet districts, the bill helps residents of dissolved villages maintain services (like water, road maintenance, and parks) they previously received, preventing sudden disruptions.
Localizes tax responsibility. The costs for these maintained services are charged only to properties within the former village boundaries, rather than spreading them across the entire town, which could make the change more acceptable to both former village and town residents.
Gradual governance transition. The bill sets up a phased approach to local control, with former village officials and town officials sharing governance of the hamlet district for the first two years. This can help preserve institutional knowledge and ease residents into new governmental structures.
Clarifies debt and obligation management. It explicitly requires the town to assume outstanding debts and liabilities related to former village services, reducing potential confusion or disputes over who is responsible for ongoing financial obligations.
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Who cares
Headline styles
Keep Village Services After Dissolution
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3087
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
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.
LBD06387-01-9
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 oper- ation 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 taxa- ble 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 (611 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 meas- ure. 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 hoard is able to provide for a comprehensive list of municipal functions without the necessity and expense of having village officers such as secre- taries, clerk, board of trustees, planning board, or assessors. However, a phasing period may he 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
2017-18: S1661 - LOCAL GOV'T 2015-16: S2014 - Local Government 2011-12: S4297 - 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.