New York A 3855: Proposes a constitutional amendment relating to the formation of new towns

Bill Text

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A03855 Summary:

BILL NOA03855 

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SAME ASNo Same As

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SPONSORWilliams

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COSPNSRMcDonough, Brabenec, Novakhov

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MLTSPNSR

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Add Art 9 §4, Constn

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Proposes changes to article 9 of the constitution in relation to the formation of new towns by drawing a map and preparing a charter of the proposed town and preparing a petition relating thereto.

Go to top A03855 Actions:

BILL NOA03855 

&nbsp

01/30/2025referred to local governments

01/31/2025to attorney-general for opinion

02/07/2025opinion referred to judiciary

01/07/2026referred to local governments

01/08/2026to attorney-general for opinion

01/30/2026opinion referred to judiciary

Go to topA03855 Committee&nbspVotes:

Go to topA03855 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03855 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3855

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
 tee on Local Governments

 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

 proposing an amendment to article 9 of the constitution, in relation to
 the formation of new towns

 1 Section 1. Resolved (if the Senate concur), That article 9 of the
 2 constitution be amended by adding a new section 4 to read as follows:
 3 § 4. Owners of parcels of land that are adjacent to each other or only
 4 separated by a road, highway, railroad, body of water, and/or a waterc-
 5 ourse within a single county may separate from any city or cities and/or
 6 town or towns whose jurisdiction the land is currently under, and incor-
 7 porate a new town. First, the owners must draw up a map and prepare a
 8 charter of the proposed town and have one-fifth of the owners of land in
 9 the proposed new town sign a petition agreeing to the map and charter.
 10 The proposed town must have at least two thousand people residing in it.
 11 The charter they draft shall describe how any special district or
 12 districts will be affected and when the charter will take effect and
 13 when the special election to fill offices created for the first time
 14 under the charter will be held. Second, the map, charter and petition
 15 must be filed with the county board of elections where the proposed town
 16 will exist before September first of any year. The county board of
 17 elections shall then schedule a vote on the proposed town on the next
 18 election day in November. Only voters who reside within the proposed
 19 town may vote on creating it. If a majority of those voting approve it
 20 the new town will be created and will cease to be part of the munici-
 21 pality or municipalities it separates from thirty days after the new
 22 town's officials take office. The new town and the municipality or muni-
 23 cipalities it separates from should negotiate fair prices for water,
 24 sewer or other services that must continue to be shared. If an agreement
 25 cannot be reached either may petition the appellate division of the
 26 supreme court to set the prices for up to four years at a time. Should
 27 anyone go to court to block the creation of the new town and not prevail

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89076-01-5

 A. 3855 2

 1 they shall pay the reasonable legal fees and court costs of those trying
 2 to create the new town.
 3 § 2. Resolved (if the Senate concur), That the foregoing amendment be
 4 referred to the first regular legislative session convening after the
 5 next succeeding general election of members of the assembly, and, in
 6 conformity with section 1 of article 19 of the constitution, be
 7 published for 3 months previous to the time of such election.

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