NY State Senate Bill 2015-S4443

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
Mar 20, 2015	referred to local government

2015-S4443 (ACTIVE) - Details

See Assembly Version of this Bill:: A6346
Current Committee:: Senate Local Government
Law Section:: County Law
Laws Affected:: Add Art 1-A §§10 - 18, County L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3821, A3139
2019-2020: S4985, A7001

2015-S4443 (ACTIVE) - Summary

Relates to establishing a procedure for the creation of new counties; requires a population as large as an assembly district and at least 250 square miles to create; requires a feasibility study to be prepared before a petition may be filed; establishes a petition process to become a county and requires a referendum be held

2015-S4443 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4443

TITLE OF BILL:

An  act  to  amend  the  county  law,  in  relation  to establishing a
procedure for the creation of new counties

PURPOSE OR GENERAL IDEA OF BILL:

To amend the county  law  to  provide  a  uniform  procedure  for  the
creation  of counties, similar to existing procedures for the creation
of new towns and villages.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1.  Legislative findings that support the establishment  of  a
procedure for the creation of new counties.

Section  2.  Adopts  a  new  Article 1-A to the County Law relating to
establishing a procedure for the creation of new counties

Section 3. Severability Clause

Section 4. Immediate Effective Date

JUSTIFICATION:

State government has an interest in insuring that local government  is
as effective, efficient, and responsive as it can be for its citizens.
This   includes   providing  a  government  structure  that  can  best
accomplish these goals.

Article 9, Section 2(a) of the State Constitution  provides  that  the
State  Legislature "shall provide for the creation and organization of
local governments..." In the case  of  towns  (Town  Law,  Article  5,
Sections 73-79) the State Legislature has provided for the creation of
new towns. In the case of villages, the State Legislature has provided
for  the  creation of new villages (Village law, Article 2).  However,
in the case of counties, there is no  uniform  set  of  procedures  in
place  relating  to  the creation of new counties. Rather in the past,
new counties have been created by a haphazard, ad hoc process  without
any  uniformity.  Because  of  the lack of such uniform there exists a
great deal of uncertainty  regarding  legal  issues  relating  to  the
creation  of  new  counties.  This  legislation  would  eliminate this
uncertainty and meet the constitutional requirement of  providing  for
the  creation  of counties, by instituting a set of uniform procedures
and substantive requirements that would have to be met  before  a  new
county could be created.

Such  legislation  must be carefully drafted to permit the creation of
new counties when it would result  in  more  efficient  and  effective
government.  It  must  also be sensitive to the home rule interests of
the residents who would be governed by the new county. In  particular,
the  process should insure that voters in the proposed county have the
necessary information to make an informed and educated decision on the
issue of the creation of a new county. Finally, the  legislation  must
provide  for  substantive minimum requirements for the creation of new


counties that  recognize  the  historical  and  particular  role  that
counties  play  in  the  system of local government in New York State.
This legislation meets these goals in  several  ways.  It  extensively
mirrors  the  applicable  provisions of existing state law relating to
new villages, new towns, and municipal annexation where they would  be
relevant to the creation of new counties.

The   legislation  also  provides  for  the  assumption  of  debt  and
liabilities in a  manner  similar  to  annexation  under  the  General
Municipal  Law.  Specifically, unless otherwise agreed to, each county
would assume a proportion of debt equal to its tax contribution to the
pre-existing county. This would include both sales and  property  tax.
The  legislation  also includes related miscellaneous provisions and a
severability clause.

PRIOR LEGISLATIVE HISTORY:

2015: New Legislation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4443 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4443                                                  A. 6346

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 20, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the county law, in relation to establishing a  procedure
  for the creation of new counties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. It is hereby found by the legislature
that section 2 of article 9, of the state constitution provides that the
legislature shall provide for the creation  and  organization  of  local
governments  in  the state of New York. The state has established proce-
dures for the creation of villages, towns, and for municipal annexation.
However, it has not established procedures for the creation of counties.
  The legislature is committed to the  establishment  of  local  govern-
ments,  such  as  counties,  where it could result in government that is
more cost effective, more efficient, and more responsive  to  the  needs
and desires of those residents being served.
  Therefore,  the  legislature finds that it is in the best interests of
the state of New York to establish a procedure for the creation  of  new
counties  where it is feasible and in the best interest of the governed.
This legislation would create such a procedure and fulfill  the  state's
constitutional mandate to provide for the creation of counties.
  S  2. The county law is amended by adding a new article 1-A to read as
follows:
                                ARTICLE 1-A
                        CREATION OF NEW COUNTIES
SECTION 10. POPULATION AND AREA REQUIREMENTS.
        11. FEASIBILITY STUDY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08862-01-5

S. 4443                             2                            A. 6346

        12. PETITION.
        13. FILING PETITION AND OBJECTIONS; DETERMINATION.
        14. REFERENDUM.
        15. EFFECTIVE DATE; TRANSITION PERIOD.
        16. DISPOSITION OF PROPERTY.
        17. ASSUMPTION OF DEBT.
        18. MISCELLANEOUS PROVISIONS.
  S  10.  POPULATION  AND AREA REQUIREMENTS. 1. A TERRITORY CONTAINING A
POPULATION THAT ENTITLES IT TO A MEMBER OF THE ASSEMBLY,  AS  DETERMINED
BY  THE MOST RECENT FEDERAL CENSUS, MAY BE ESTABLISHED AS A COUNTY UNDER
THIS ARTICLE. SAID TERRITORY SHALL ALSO HAVE AN AREA  OF  AT  LEAST  TWO
HUNDRED FIFTY SQUARE MILES.
  2.  SAID  TERRITORY SHALL BE CONTIGUOUS AND ALL COUNTIES AFFECTED BY A
PETITION PURSUANT TO THIS ARTICLE SHALL HAVE CONTIGUOUS BOUNDARIES.
  3. SAID TERRITORY SHALL NOT  DIVIDE  THE  TERRITORY  OF  ANY  EXISTING
CITIES, TOWNS OR VILLAGES.
  S  11.  FEASIBILITY STUDY. 1. BEFORE A PETITION TO BECOME A COUNTY MAY
BE FILED UNDER SECTION TWELVE OF THIS ARTICLE, A FEASIBILITY STUDY SHALL
FIRST BE PREPARED. SUCH FEASIBILITY STUDY SHALL INCLUDE THE FOLLOWING:
  (A) A PROPOSED OPERATING BUDGET FOR THE TERRITORY TO BE  THE  PROPOSED
COUNTY;
  (B)  A  PROPOSED  CAPITAL  BUDGET FOR THE TERRITORY TO BE THE PROPOSED
COUNTY;
  (C) A PROPOSAL FOR THE DIVISION OF ASSETS AND LIABILITIES BETWEEN  THE
AFFECTED COUNTIES; AND
  (D)  THE  PROPERTY  TAX  IMPACT ON THE PROPOSED COUNTY OVER AT LEAST A
FIVE YEAR PERIOD.
  2. SUCH FEASIBILITY STUDY SHALL BE AUTHORIZED OR  AT  LEAST  PARTIALLY
FUNDED BY THE STATE OF NEW YORK.
  3.  A  FEASIBILITY  STUDY  COMPLETED BEFORE THE EFFECTIVE DATE OF THIS
ARTICLE MAY BE UTILIZED TO SATISFY THE  REQUIREMENTS  OF  THIS  SECTION,
PROVIDED  THAT  ANY  PETITION  BASED  ON SUCH A STUDY SHALL BE INITIATED
WITHIN FIVE YEARS OF THE DATE OF THE FEASIBILITY STUDY.
  S 12. PETITION. 1. A PROCEEDING TO CREATE A NEW COUNTY SHALL  COMMENCE
WITH A PETITION.
  2. A PETITION TO CREATE A NEW COUNTY SHALL BE SIGNED BY A NUMBER EQUAL
TO  AT  LEAST  TEN PER CENTUM OF THE TOTAL VOTE CAST FOR GOVERNOR IN THE
TERRITORY  PROPOSED  TO  BECOME  A  COUNTY  IN  THE  LAST  GUBERNATORIAL
ELECTION.
  3.  ONLY  QUALIFIED  ELECTORS FOR A GENERAL ELECTION IN SUCH TERRITORY
SHALL BE ELIGIBLE TO SIGN THE PETITION.
  4. THE PETITION TO CREATE A NEW COUNTY  SHALL  CONTAIN  THE  FOLLOWING
INFORMATION:
  (A) THE NAME OF THE PROPOSED COUNTY;
  (B) THE COUNTY SEAT OF THE PROPOSED COUNTY;
  (C)  A  STATEMENT  THAT  THE  TERRITORY  PROPOSED TO BE THE NEW COUNTY
CONTAINS AT LEAST A POPULATION THAT ENTITLES  IT  TO  A  MEMBER  OF  THE
ASSEMBLY AND AT LEAST TWO HUNDRED FIFTY SQUARE MILES;
  (D) A MAP SHOWING THE BOUNDARIES OF THE PROPOSED COUNTY; AND
  (E)  A  DESIGNATION  OF  AT LEAST ONE BUT NOT MORE THAN THREE PERSONS,
GIVING FULL NAMES AND ADDRESSES, ON WHOM  AND  AT  WHICH  ADDRESSES  ALL
PAPERS REQUIRED TO BE SERVED IN CONNECTION WITH THE PROCEEDING TO CREATE
THE NEW COUNTY, SHALL BE SERVED.
  5.  THE  SIGNATURES  TO THE PETITION SHALL BE SUBSCRIBED ON A SEPARATE
PAGE OR PAGES FOLLOWING THE INFORMATION OUTLINED IN SUBDIVISION FOUR  OF
THIS SECTION.

S. 4443                             3                            A. 6346

  6.  EACH  SIGNATURE PAGE SHALL BE PREFACED BY A STATEMENT OF THE PETI-
TIONERS' FAMILIARITY WITH THE CONTENTS AND PURPOSE OF THE PETITION,  AND
THE BOUNDARIES OF THE TERRITORY TO BE INCLUDED IN THE NEW COUNTY.
  7. FOLLOWING EACH SIGNATURE, THERE SHALL BE SET FORTH, NOT NECESSARILY
BY  THE  SIGNER, THE SIGNER'S ADDRESS, INCLUDING STREET NAME AND NUMBER,
IF ANY, AND TOWN.
  8. THE PETITION MUST ALSO BE AUTHENTICATED AS TO  ALL  THE  SIGNATURES
UPON  EACH  SEPARATE  SHEET BY APPENDING AT THE BOTTOM OF EACH SHEET, AN
AFFIDAVIT OF A WITNESS AS TO THE SUBSCRIPTION THEREOF, SUBSTANTIALLY  AS
FOLLOWS:
STATE OF NEW YORK
                     SS.:
COUNTY OF
...................(NAME OF WITNESS) BEING DULY SWORN, SAYS: I RESIDE AT
..................,  IN  THE  ............. OF ................ (FILL IN
RESIDENCE) IN THE STATE OF NEW YORK; I KNOW EACH OF  THE  PERSONS  WHOSE
NAMES  ARE  SUBSCRIBED TO THE ABOVE SHEET HAVING .............. (FILL IN
NUMBER) SIGNATURES; AND EACH OF THEM SUBSCRIBED THE SAME IN MY PRESENCE.
                          .....................
                          (SIGNATURE OF WITNESS.)
SWORN TO BEFORE ME, THIS .....
DAY OF ............., 20....
......................
(OFFICIAL TITLE OF OFFICER)
  9. THE STATE BOARD OF ELECTIONS SHALL PREPARE A FORM OF PETITION MEET-
ING THE REQUIREMENTS OF THIS SECTION AND SHALL MAKE SAID FORM  AVAILABLE
TO THE PUBLIC. ANY PETITION WHICH IS A COPY OF SAID FORM SHALL BE DEEMED
TO MEET THE REQUIREMENTS OF THIS SECTION RELATING TO FORM.
  S  13.  FILING  PETITION AND OBJECTIONS; DETERMINATION.  1. A PETITION
PURSUANT TO THIS  ARTICLE  SHALL  BE  FILED  WITH  THE  STATE  BOARD  OF
ELECTIONS.
  2.  ANY  PETITION  FILED WITH THE BOARD OF ELECTIONS SHALL BE PRESUMP-
TIVELY VALID IF IT IS IN THE PROPER FORM AND APPEARS TO BEAR THE  REQUI-
SITE  NUMBER  OF SIGNATURES AUTHENTICATED IN A MANNER PRESCRIBED BY THIS
ARTICLE.
  3. WRITTEN OBJECTIONS TO A PETITION PURSUANT TO THIS ARTICLE SHALL  BE
FILED  WITH THE BOARD OF ELECTIONS WITHIN THREE DAYS AFTER THE FILING OF
THE PETITION. WHEN AN OBJECTION IS FILED, SPECIFICATIONS OF THE  GROUNDS
OF  THE  OBJECTIONS  SHALL BE FILED WITHIN SIX DAYS THEREAFTER WITH SUCH
BOARD OF ELECTIONS, AND IF SPECIFICATIONS  ARE  NOT  TIMELY  FILED,  THE
OBJECTION  SHALL BE NULL AND VOID. AN OBJECTOR MUST BE QUALIFIED TO SIGN
THE PETITION.
  4. WITHIN TWENTY DAYS OF THE FILING OF A  PETITION  PURSUANT  TO  THIS
ARTICLE,  THE  BOARD OF ELECTIONS SHALL RENDER A DETERMINATION AS TO THE
SUFFICIENCY OF THE PETITION. THE BOARD OF ELECTIONS SHALL GIVE NOTICE OF
THE DETERMINATION FORTHWITH BY MAIL TO THE INDIVIDUALS DESIGNATED PURSU-
ANT TO PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION TWELVE OF THIS ARTI-
CLE, AND IF SPECIFIED OBJECTIONS HAVE BEEN FILED, THE OBJECTOR SHALL  BE
ALSO NOTIFIED.
  5. ALL PROVISIONS OF THE ELECTION LAW RELATING TO THE CONSTRUAL OF THE
SUFFICIENCY  OF  PETITIONS,  NOT  INCONSISTENT  WITH THIS ARTICLE, SHALL
APPLY TO THIS SECTION.
  6. A DETERMINATION OF THE BOARD OF ELECTIONS SHALL BE SUBJECT TO JUDI-
CIAL REVIEW, AS PROVIDED FOR IN ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES,  EXCEPT  THAT  IT  MUST  BE  INSTITUTED  AS  THEREIN
PROVIDED  WITHIN  THIRTY DAYS AFTER THE FILING OF DETERMINATION PURSUANT

S. 4443                             4                            A. 6346

TO THIS SECTION. SUCH A PROCEEDING MAY ONLY BE INSTITUTED  BY  A  PERSON
QUALIFIED  TO  SIGN  THE PETITION. A PROCEEDING UNDER THIS SECTION SHALL
HAVE PREFERENCE OVER ALL OTHER CIVIL ACTIONS AND PROCEEDINGS.
  7.  THE SUCCESSFUL PARTY TO THE PROCEEDING SHALL FILE A CERTIFIED COPY
OF THE DECISION AND ORDER WITH THE STATE BOARD OF ELECTIONS.
  S 14. REFERENDUM. 1. A REFERENDUM TO DETERMINE THE QUESTION OF  CREAT-
ING A NEW COUNTY SHALL BE HELD AT THE NEXT GENERAL ELECTION OCCURRING NO
LESS  THAN SIXTY DAYS AFTER THE FIRST OCCURRING OF EITHER OF THE FOLLOW-
ING TWO EVENTS:
  (A) THE EXPIRATION OF THIRTY DAYS FROM THE DETERMINATION OF THE COUNTY
BOARD OF ELECTIONS SUSTAINING THE LEGAL SUFFICIENCY OF THE PETITION  AND
NO PROCEEDING HAVING BEEN INSTITUTED TO REVIEW SAME; OR
  (B)  THE  FILING  OF  A FINAL ORDER WITH THE COUNTY BOARD OF ELECTIONS
WHICH SUSTAINS THE PETITION AFTER A COURT PROCEEDING TO REVIEW.
  2. THE PROCEDURE FOR THE REFERENDUM SHALL BE PURSUANT TO THE  ELECTION
LAW.
  3. EACH RESIDENT IN THE TERRITORY PROPOSED TO BE THE NEW COUNTY WHO IS
A QUALIFIED ELECTOR IN A GENERAL ELECTION MAY VOTE IN THE REFERENDUM.
  4.  THE FORM OF THE PROPOSITION SHALL BE AS FOLLOWS: "SHALL THE TERRI-
TORY GENERALLY DESCRIBED AS  ..............    (DESCRIBE  TERRITORY)  BE
ESTABLISHED  AS  A  NEW  COUNTY TO BE CALLED .................. (NAME OF
COUNTY) ?
  5. IF THE MAJORITY OF THE VOTES CAST ON  SUCH  REFERENDUM  BE  IN  THE
AFFIRMATIVE, THE REFERENDUM SHALL BE ADOPTED AND THE NEW COUNTY SHALL BE
CREATED.
  6.  IF  THE MAJORITY OF VOTES CAST AT SUCH REFERENDUM SHALL BE ADVERSE
TO THE CREATION OF THE NEW COUNTY, NO COUNTY SHALL  BE  CREATED  AND  NO
PETITION  FOR THE CREATION OF SUCH COUNTY FROM THE SAME TERRITORY MAY BE
FILED FOR A PERIOD OF FIVE YEARS FROM THE  DATE  SUCH  REFERENDUM  SHALL
HAVE BEEN DEFEATED.
  S 15. EFFECTIVE DATE; TRANSITION PERIOD. 1. WHEN A REFERENDUM HAS BEEN
APPROVED,  PURSUANT  TO  THIS  ARTICLE,  THE  NEW COUNTY SHALL BE DEEMED
CREATED AND EFFECTIVE UPON THE ADOPTION OF THE REFERENDUM, CERTIFIED  BY
THE  STATE  BOARD  OF ELECTIONS, AND SHALL HAVE THE AUTHORITY TO PERFORM
ALL ACTS NECESSARY TO EFFECT A TRANSITION OF AUTHORITY TO THE NEW  COUN-
TY.
  2.  FOR THE PURPOSES OF EXERCISING ALL GOVERNMENTAL FUNCTIONS, THE NEW
COUNTY SHALL BE DEEMED EFFECTIVE  ON  THE  FIRST  DAY  OF  JANUARY  NEXT
SUCCEEDING  THE  NEXT GENERAL ELECTION AT WHICH COUNTY ELECTIVE OFFICERS
ARE ELECTED.
  3. ALL COUNTY ELECTIVE OFFICERS PURSUANT  TO  THIS  ARTICLE  SHALL  BE
ELECTED AT THE NEXT GENERAL ELECTION AFTER THE REFERENDUM IS APPROVED.
  4.  AS PROVIDED BY THIS ARTICLE, THE BOARD OF SUPERVISORS SHALL BE THE
LEGISLATIVE BODY OF THE NEW COUNTY. NOTHING HEREIN  SHALL  PRECLUDE  THE
ESTABLISHMENT  OF  A LEGISLATIVE BODY OTHER THAN A BOARD OF SUPERVISORS,
PURSUANT TO LAW.
  5. NOTHING HEREIN SHALL PRECLUDE A NEW COUNTY FROM SELECTING A CHARTER
OR OTHER ALTERNATIVE FORM OF GOVERNMENT AS PERMITTED BY LAW.
  6. DURING THE TRANSITION PERIOD BETWEEN  THE  EFFECTIVE  DATE  OF  THE
COUNTY  AND THE EFFECTIVE DATE FOR THE PURPOSE OF EXERCISING ALL GOVERN-
MENTAL FUNCTIONS, THE SUPERVISORS OF EACH OF THE TOWNS CONSTITUTING  THE
NEW COUNTY SHALL BE EMPOWERED TO ACT AS AN INTERIM BOARD OF SUPERVISORS.
SAID  BOARD SHALL HAVE ALL THE RIGHTS, PRIVILEGES, FUNCTIONS, AND POWERS
CONFERRED ON COUNTIES AND MUNICIPAL  CORPORATIONS  AND  SHALL  TAKE  ALL
ACTIONS  NECESSARY  TO EFFECT A TRANSITION TO THE NEW COUNTY GOVERNMENT,
INCLUDING BUT NOT LIMITED TO THE TRANSFER  OF  REAL  PROPERTY,  PERSONAL

S. 4443                             5                            A. 6346

PROPERTY,  BOOKS, RECORDS, EMPLOYEES, THE AUTHORITY TO ENTER INTO AGREE-
MENTS, INCLUDING THE APPORTIONMENT OF LIABILITIES, TO  ADOPT  A  BUDGET,
HIRE  EMPLOYEES, LEVY TAXES, AND BORROW MONEY. ANY ACTION BY THE INTERIM
BOARD OF SUPERVISORS SHALL BE APPROVED BY A UNANIMOUS VOTE.
  7.  ANY  TAXES LEVIED OR COLLECTED AND ANY OTHER CHARGES LEVIED BY THE
EXISTING COUNTY FOR THE TRANSITION PERIOD ON  THE  TERRITORY  WHICH  HAS
BECOME A NEW COUNTY SHALL BE UTILIZED TO CONTINUE SERVICES AND FUNCTIONS
FOR WHICH THE EXISTING COUNTY IS STILL RESPONSIBLE AND TO FUND THE TRAN-
SITION  EXPENSES  OF THE NEW COUNTY, UNLESS THE AFFECTED COUNTIES OTHER-
WISE AGREE.
  S 16. DISPOSITION OF PROPERTY. 1. EXCEPT AS  MAY  BE  PROVIDED  IN  AN
AGREEMENT  BETWEEN  THE  AFFECTED COUNTIES, AS AUTHORIZED BY SUBDIVISION
TWO OF THIS SECTION, ALL COUNTY OWNED REAL  OR  PERSONAL  PROPERTY,  AND
RIGHTS  IN  REAL  AND  PERSONAL  PROPERTY,  INCLUDING BUT NOT LIMITED TO
STREETS, AVENUES, ROADS, HIGHWAYS, BRIDGES, BUILDINGS, PARKS, OPEN LANDS
LOCATED IN THE NEWLY CREATED COUNTY, SHALL BECOME THE PROPERTY  OF  SAID
NEW COUNTY.
  2. AT ANY TIME DURING THE TRANSITION PERIOD DEFINED IN SUBDIVISION SIX
OF SECTION FIFTEEN OF THIS ARTICLE, THE GOVERNING BOARDS OF THE AFFECTED
COUNTIES  SHALL  HAVE  THE POWER TO AGREE ON THE RETENTION, DIVISION, OR
OTHER DISPOSITION, EITHER WITH OR WITHOUT  CONSIDERATION,  OF  REAL  AND
PERSONAL  PROPERTY  AND  RIGHTS IN REAL AND PERSONAL PROPERTY WITHIN THE
AFFECTED COUNTIES. ANY SUCH AGREEMENT SHALL BE IN WRITING AND  SHALL  BE
APPROVED  BY  THE  AFFECTED COUNTIES. SUCH AGREEMENT MAY PROVIDE FOR THE
EXECUTION OF ANY DEEDS OR INSTRUMENTS AFFECTING RETENTION, DIVISION,  OR
OTHER  DISPOSITION  OF  SUCH  PROPERTY, EITHER WITH OR WITHOUT CONSIDER-
ATION.
  S 17. ASSUMPTION OF DEBT. 1. EXCEPT AS MAY BE PROVIDED IN AN AGREEMENT
BETWEEN THE AFFECTED COUNTIES, AS AUTHORIZED BY SUBDIVISION TWO OF  THIS
SECTION,  ANY  INDEBTEDNESS,  OR LIABILITIES, OR INTEREST THEREON ATTRI-
BUTED TO THE PRE-EXISTING COUNTY, SHALL BE A CHARGE UPON  AND  SHALL  BE
PAID  BY  EACH  COUNTY  AS THE SAME SHALL BECOME DUE AND PAYABLE, IN THE
SAME PROPORTION TO THE WHOLE OF ANY  SUCH  INDEBTEDNESS,  LIABILITY,  OR
INTEREST  AS  EACH  AFFECTED COUNTY'S TAX CONTRIBUTION.   NOTHING HEREIN
SHALL PRECLUDE THE NEW COUNTY FROM PAYING  IN  FULL  ITS  PROPORTION  OF
INDEBTEDNESS  AND  LIABILITIES.  IN  THE CASE OF LIABILITIES RELATING TO
EMPLOYEE COLLECTIVE BARGAINING AGREEMENTS  AND  RETIREMENT  OBLIGATIONS,
THE  NEW  COUNTY SHALL NOT BE BOUND BY SAID AGREEMENTS AND SHALL ONLY BE
RESPONSIBLE FOR LIABILITIES SUCH AS ACCUMULATED  VACATION,  SICK  LEAVE,
AND RETIREMENT COSTS FOR THOSE EMPLOYEES ACTUALLY TRANSFERRED TO THE NEW
COUNTY. THE NEW COUNTY SHALL NOT HAVE RESPONSIBILITY FOR THE LIABILITIES
AND INDEBTEDNESS FOR ANY EXISTING SPECIAL DISTRICT OR SPECIAL FUND WHERE
THE  NEW  COUNTY  IS  NOT PART OF SAID SPECIAL DISTRICT OR BENEFITTED BY
SAID SPECIAL FUND. A NEW COUNTY SHALL NOT HAVE  ANY  OTHER  CONTRIBUTION
FOR INDEBTEDNESS OR LIABILITIES EXCEPT AS PROVIDED BY THIS SECTION.
  2. AT ANY TIME DURING THE TRANSITION PERIOD DEFINED IN SUBDIVISION SIX
OF SECTION FIFTEEN OF THIS ARTICLE, THE GOVERNING BOARDS OF THE AFFECTED
COUNTIES  SHALL  HAVE  THE POWER TO AGREE TO THE PROPORTIONS, IF ANY, OF
THE VARIOUS TYPES OF INDEBTEDNESS, CONTRACT, OR OTHER  LIABILITIES,  AND
INTEREST THEREON, IF ANY, THE AFFECTED COUNTIES WILL ASSUME AND AGREE TO
PAY. SUCH PROPORTIONS MAY BE BASED ON ANY EQUITABLE BASIS.
  3.  (A)  THE TERM "TAX CONTRIBUTION" SHALL MEAN EACH COUNTY'S CONTRIB-
UTION TO THE GENERAL FUND OF THE  PRE-EXISTING  COUNTY  BASED  UPON  ITS
CONTRIBUTION  OF  SALES TAX, IF ANY, AND REAL PROPERTY TAX. SAID PROPOR-
TION SHALL INITIALLY BE BASED UPON THE FINDINGS OF THE FEASIBILITY STUDY
PREPARED  PURSUANT  TO  SECTION  ELEVEN  OF  THIS  ARTICLE.  THE   FINAL

S. 4443                             6                            A. 6346

PROPORTIONS SHALL BE ADJUSTED AFTER THE NEW COUNTY'S FIRST COMPLETE YEAR
OF  OPERATION  UTILIZING  ACTUAL  SALES TAX REVENUE COLLECTIONS FOR SAID
YEAR, AND THE REAL PROPERTY TAX LEVY FOR THE LAST FULL YEAR OF THE UNDI-
VIDED EXISTING COUNTY.
  (B)  THE TERM "INDEBTEDNESS" AND "CONTRACT OR OTHER LIABILITIES" SHALL
NOT INCLUDE LIABILITIES UNDER COLLECTIVE BARGAINING AGREEMENTS,  INDEBT-
EDNESS  EVIDENCED  BY  (I)  TAX ANTICIPATION NOTES, REVENUE ANTICIPATION
NOTES, OR BUDGET NOTES, OR (II) EVIDENCED BY  SERIAL  BONDS  OR  CAPITAL
NOTES  HAVING  A  MAXIMUM  MATURITY  OF LESS THAN THREE YEARS WHICH WERE
ISSUED OR ARE TO BE ISSUED TO FINANCE AN OBJECT OR PURPOSE OTHER THAN  A
CAPITAL  IMPROVEMENT,  OR  OTHER  THAN  THE ACQUISITION OF EQUIPMENT FOR
WHICH THE PERIOD OF PROBABLE USEFULNESS IS PROVIDED IN  PARAGRAPH  A  OF
SECTION 11.00 OF THE LOCAL FINANCE LAW.
  S  18.  MISCELLANEOUS  PROVISIONS.  1.  ALL PROVISIONS OF THIS CHAPTER
SHALL GOVERN THE OPERATION OF COUNTIES CREATED PURSUANT TO THIS ARTICLE,
PROVIDED HOWEVER, THAT NOTHING THEREIN SHALL PRECLUDE  THE  ELECTION  OF
ALTERNATIVE  FORMS  OR THE CHARTER FORM OF COUNTY GOVERNMENT AS PROVIDED
BY LAW.
  2. ALL SPECIAL ACTS AND PARTS OF SPECIAL ACTS RELATING TO THE  PRE-EX-
ISTING COUNTY AND IN FORCE THEREIN ON THE DATE THE NEW COUNTY IS CREATED
AND NOT INCONSISTENT WITH THIS ARTICLE, SHALL CONTINUE IN FULL FORCE AND
EFFECT  IN  THE  AFFECTED COUNTIES, AS THOUGH THE NEW COUNTY HAD BEEN IN
EXISTENCE AT THE TIME OF PASSAGE OF SAID ACTS AND AS THOUGH THE NAME  OF
THE  NEW COUNTY HAD APPEARED IN SAID ACTS AND PARTS OF ACTS, EXCEPT THAT
ANY CHARTER LAW ADOPTED BY THE STATE LEGISLATURE SHALL NOT BE APPLICABLE
TO THE NEW COUNTY.
  3. EMPLOYEES TRANSFERRED WHEN A COUNTY IS  CREATED  PURSUANT  TO  THIS
ARTICLE  SHALL  BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR QUALIFICA-
TION AND SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATION  AND
STATUS. ANY EMPLOYEE WHO AT THE TIME OF SUCH TRANSFER HAS A TEMPORARY OR
PROVISIONAL  APPOINTMENT  SHALL BE TRANSFERRED SUBJECT TO THE SAME RIGHT
OF REMOVAL EXAMINATION, OR TERMINATION AS THOUGH SUCH TRANSFER  HAD  NOT
BEEN MADE.
  4. THE CREATION OF A NEW COUNTY SHALL NOT AFFECT THE BOUNDARIES OF ANY
CONGRESSIONAL DISTRICT, SENATE DISTRICT, OR ASSEMBLY DISTRICT.
  5. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE AUTHORITY OF THE LEGIS-
LATURE  TO  CREATE  COUNTIES  OR OTHER LOCAL GOVERNMENTS PURSUANT TO THE
STATE CONSTITUTION.
  6. DURING THE TRANSITION PERIOD PROVIDED  FOR  IN  THIS  ARTICLE,  ALL
LOCAL  LAWS, ORDINANCES, RULES, OR REGULATIONS OF THE PRE-EXISTING UNDI-
VIDED COUNTY SHALL REMAIN IN FULL FORCE AND  EFFECT.  SAID  LOCAL  LAWS,
ORDINANCES, RULES, AND REGULATIONS MAY BE FURTHER EXTENDED BY THE INTER-
IM  BOARD  OF  SUPERVISORS FOR A PERIOD NOT TO EXCEED ONE YEAR AFTER THE
END OF SAID TRANSITION PERIOD.
  7. DURING THE TRANSITION PERIOD, THE EXISTING COUNTY SHALL CONTINUE TO
RENDER TO AND PERFORM ALL THOSE FUNCTIONS AND SERVICES WHICH IT RENDERED
AND PERFORMED UPON THE DATE OF THE FILING OF THE PETITION WITH THE STATE
BOARD OF ELECTIONS, UNLESS OTHERWISE AGREED TO BY THE AFFECTED COUNTIES.
  S 3. Severability. If any clause,  sentence,  paragraph,  section,  or
part  of this act shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
paragraph, section, or part thereof, directly involved in the controver-
sy in which such judgment shall have been rendered.
  S 4. This act shall take effect immediately.

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Senate Bill S4443

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2015-S4443 (ACTIVE) - Details

2015-S4443 (ACTIVE) - Summary

2015-S4443 (ACTIVE) - Sponsor Memo

2015-S4443 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4443

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Local Government Committee

2015-S4443 (ACTIVE) - Details

2015-S4443 (ACTIVE) - Summary

2015-S4443 (ACTIVE) - Sponsor Memo

2015-S4443 (ACTIVE) - Bill Text download pdf

Comments