S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2109
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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.
         14. DECISION OF THE STATE COMPTROLLER.
         15. REFERENDUM.
         16. EFFECTIVE DATE; TRANSITION PERIOD.
         17. DISPOSITION OF PROPERTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04832-01-3
              

 S. 2109                             2
 
         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.
   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
 S. 2109                             3

 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-
 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
 S. 2109                             4

 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.
   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
 S. 2109                             5

 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
 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
 S. 2109                             6
 
 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,
 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
 S. 2109                             7
 
 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.