S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5867                                                  A. 6524
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- 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 government
 that is more cost effective, more efficient, and more responsive to  the
 needs and desires of those residents being served. Therefore, the legis-
 lature  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.
   § 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.
         12. PETITION.
         13. FILING PETITION AND OBJECTIONS; DETERMINATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09777-01-1

 S. 5867                             2                            A. 6524
 
         14. DECISION OF THE STATE COMPTROLLER.
         15. REFERENDUM.
         16. EFFECTIVE DATE; TRANSITION PERIOD.
         17. DISPOSITION OF PROPERTY.
         18. ASSUMPTION OF DEBT.
         19. MISCELLANEOUS PROVISIONS.
   §  10.  POPULATION  AND AREA REQUIREMENTS. 1. A TERRITORY CONTAINING A
 POPULATION OF AT LEAST ONE HUNDRED THOUSAND INHABITANTS,  AS  DETERMINED
 BY  THE MOST RECENT FEDERAL CENSUS, MAY BE ESTABLISHED AS A COUNTY UNDER
 THIS ARTICLE. SUCH TERRITORY SHALL ALSO HAVE AN AREA  OF  AT  LEAST  ONE
 HUNDRED SQUARE MILES.
   2.  SUCH  TERRITORY SHALL BE CONTIGUOUS AND ALL COUNTIES AFFECTED BY A
 PETITION PURSUANT TO THIS ARTICLE SHALL HAVE CONTIGUOUS BOUNDARIES.
   3. SUCH TERRITORY SHALL NOT  DIVIDE  THE  TERRITORY  OF  ANY  EXISTING
 CITIES, TOWNS OR VILLAGES.
   §  11.  FEASIBILITY STUDY. 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:
   1.  A  PROPOSED  OPERATING BUDGET FOR THE TERRITORY TO BE THE PROPOSED
 COUNTY;
   2. A PROPOSED CAPITAL BUDGET FOR THE  TERRITORY  TO  BE  THE  PROPOSED
 COUNTY;
   3.  A  PROPOSAL FOR THE DIVISION OF ASSETS AND LIABILITIES BETWEEN THE
 AFFECTED COUNTIES;
   4. THE PROPERTY TAX IMPACT ON THE PROPOSED COUNTY  AND  THE  REMAINING
 COUNTY OVER AT LEAST A FIVE YEAR PERIOD; AND
   5.  AN EXECUTIVE SUMMARY OF SUCH FINANCIAL IMPACT STATEMENT, INCLUDING
 THE ESTIMATED REAL PROPERTY TAX IMPACT  FOR  THE  TERRITORY  TO  BE  THE
 PROPOSED COUNTY AND THE REMAINING AREA OF THE REMAINING COUNTY.
   §  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  ONE  HUNDRED  THOUSAND INHABITANTS AND AT LEAST ONE
 HUNDRED 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.
   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.

 S. 5867                             3                            A. 6524
 
   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.
   § 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  STATE  BOARD  OF  ELECTIONS  SHALL  BE
 PRESUMPTIVELY  VALID IF IT IS IN THE PROPER FORM AND APPEARS TO BEAR THE
 REQUISITE 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 STATE 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  QUALI-
 FIED TO SIGN THE PETITION.
   4.  WITHIN  TWENTY  DAYS  OF THE FILING OF A PETITION PURSUANT TO THIS
 ARTICLE, THE STATE BOARD OF ELECTIONS SHALL RENDER A DETERMINATION AS TO
 THE SUFFICIENCY OF THE PETITION. THE STATE BOARD OF ELECTIONS SHALL GIVE
 NOTICE OF THE DETERMINATION FORTHWITH BY MAIL TO THE INDIVIDUALS  DESIG-
 NATED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION TWELVE OF
 THIS ARTICLE, AND IF SPECIFIED OBJECTIONS HAVE BEEN FILED, THE OBJECTORS
 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 STATE BOARD OF ELECTIONS SHALL BE SUBJECT TO
 JUDICIAL REVIEW, AS PROVIDED FOR IN ARTICLE SEVENTY-EIGHT OF  THE  CIVIL
 PRACTICE  LAW AND RULES, EXCEPT THAT IT MUST BE INSTITUTED WITHIN THIRTY
 DAYS AFTER THE FILING OF DETERMINATION PURSUANT 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.
   §  14. DECISION OF THE STATE COMPTROLLER. 1. WITHIN TEN DAYS AFTER THE
 FIRST OCCURRING OF EITHER THE EXPIRATION OF THIRTY DAYS FROM THE  FILING
 OF  THE  ORIGINAL DECISION SUSTAINING THE LEGAL SUFFICIENCY OF THE PETI-

 S. 5867                             4                            A. 6524

 TION AND NO PROCEEDING HAVING BEEN INSTITUTED TO  REVIEW  SAME,  OR  THE
 FILING  OF A FINAL ORDER SUSTAINING THE PETITION AFTER SUCH A PROCEEDING
 TO REVIEW, THE STATE BOARD OF ELECTIONS SHALL FILE A COPY OF  THE  PETI-
 TION  WITH  THE  OFFICE  OF  THE  STATE  DEPARTMENT OF AUDIT AND CONTROL
 LOCATED IN ALBANY FOR A REVIEW AND DECISION BY THE STATE COMPTROLLER, AS
 PROVIDED FOR BY THIS SECTION.
   2. THE STATE COMPTROLLER SHALL EXAMINE THE PROPOSED  OPERATING  BUDGET
 FOR THE TERRITORY TO BE THE PROPOSED COUNTY, THE PROPOSED CAPITAL BUDGET
 FOR  THE  AREA  TO BE THE PROPOSED COUNTY, A DESCRIPTION OF THE SERVICES
 THAT WOULD BE PROVIDED BY THE PROPOSED  COUNTY  AND  HOW  SUCH  SERVICES
 WOULD BE DELIVERED AND THE ESTIMATED PROPERTY TAX IMPACT FOR A FIVE YEAR
 PERIOD  ON  THE  TERRITORY TO BE THE PROPOSED COUNTY AND THE AREA OF THE
 REMAINING COUNTY.
   3. THE STATE COMPTROLLER SHALL  ISSUE  A  DECISION  ON  THE  FINANCIAL
 FEASIBILITY OF THE PROPOSED COUNTY.
   4. IN ORDER TO MAKE A FAVORABLE DECISION OF FINANCIAL FEASIBILITY, THE
 STATE COMPTROLLER SHALL MAKE THE FOLLOWING FINDINGS:
   (A)  THAT  THE OVERALL PUBLIC INTEREST SHALL BE SERVED BY THE CREATION
 OF THE PROPOSED COUNTY;
   (B) THAT THE COST OF THE PROPOSED COUNTY SHALL NOT BE AN UNDUE  BURDEN
 UPON THE PROPOSED COUNTY OR THE REMAINING COUNTY;
   (C)  THAT  THE  REVENUE  ESTIMATES AND APPROPRIATIONS, AS SET FORTH IN
 SUCH FINANCIAL IMPACT STATEMENT, ARE ADEQUATE TO  DELIVER  THE  SERVICES
 PROPOSED; AND
   (D)  THAT  IN ALL REGARDS, SUCH FINANCIAL IMPACT STATEMENT PROVIDES AN
 ACCURATE, VALID AND  TRANSPARENT  PRESENTATION  OF  INFORMATION  TO  THE
 PUBLIC.
   5.  SUCH  DECISION  SHALL BE DELIVERED TO THE STATE BOARD OF ELECTIONS
 WITHIN SIXTY DAYS OF SUBMISSION TO THE STATE COMPTROLLER. SUCH  DECISION
 SHALL  BE AVAILABLE FOR PUBLIC INSPECTION. A COPY OF SUCH DECISION SHALL
 ALSO BE MAILED TO THE PETITIONERS DESIGNATED PURSUANT TO  PARAGRAPH  (E)
 OF  SUBDIVISION FOUR OF SECTION TWELVE OF THIS ARTICLE AND ALL OBJECTORS
 TO THE PETITION, PURSUANT TO SECTION THIRTEEN OF THIS ARTICLE, BY  REGU-
 LAR MAIL WITHIN FIVE DAYS OF RECEIPT.
   6.  A DETERMINATION OF THE STATE COMPTROLLER 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 WITHIN THIRTY DAYS
 AFTER THE FILING OF DETERMINATION PURSUANT TO THIS SECTION. A PROCEEDING
 UNDER THIS SECTION SHALL HAVE PREFERENCE OVER ALL  OTHER  CIVIL  ACTIONS
 AND PROCEEDINGS.
   7.  WHERE  THE DETERMINATION OF THE STATE COMPTROLLER IS NOT FAVORABLE
 AND NO PROCEEDING IS INSTITUTED TO REVIEW SUCH  DECISION,  THE  DECISION
 SHALL  BE  FINAL AND CONCLUSIVE. THE STATE BOARD OF ELECTIONS SHALL TAKE
 NO FURTHER ACTION ON SUCH PETITION.  A  NEW  PROCEEDING  TO  CREATE  THE
 PROPOSED COUNTY SHALL NOT BE COMMENCED FOR AT LEAST FIVE YEARS.
   §  15. 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 A FAVORABLE DECISION OF THE
 STATE COMPTROLLER AND NO PROCEEDING HAVING  BEEN  INSTITUTED  TO  REVIEW
 SAME; OR
   (B)  THE FILING OF A FINAL ORDER WHICH SUSTAINS THE FAVORABLE DECISION
 OF THE STATE COMPTROLLER.
   2. THE PROCEDURE FOR THE REFERENDUM SHALL BE PURSUANT TO THE ELECTION
   LAW.

 S. 5867                             5                            A. 6524

   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.
   § 16. 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  IN THIS ARTICLE SHALL
 PRECLUDE THE ESTABLISHMENT OF A LEGISLATIVE BODY OTHER THAN A  BOARD  OF
 SUPERVISORS, PURSUANT TO LAW.
   5.  NOTHING IN THIS ARTICLE 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
 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.
   §  17.  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

 S. 5867                             6                            A. 6524
 
 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 SIXTEEN 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.
   § 18. 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. SUCH PROPOR-
 TION SHALL INITIALLY BE BASED UPON THE FINDINGS OF THE FEASIBILITY STUDY
 PREPARED  PURSUANT  TO  SECTION  ELEVEN  OF  THIS  ARTICLE.  THE   FINAL
 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.
   § 19. MISCELLANEOUS PROVISIONS. 1.  ALL  PROVISIONS  OF  THIS  CHAPTER
 SHALL GOVERN THE OPERATION OF COUNTIES CREATED PURSUANT TO THIS ARTICLE,

 S. 5867                             7                            A. 6524
 
 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.
   §  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.
   § 4. This act shall take effect immediately.