A03119 Summary:

BILL NOA03119
 
SAME ASSAME AS S02449
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Add Art 9 S4, Constn
 
Provides for a constitutional amendment directing the legislature to establish a procedure for the creation of Peconic county; provides that Peconic county shall consist of the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the county of Suffolk.
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A03119 Actions:

BILL NOA03119
 
01/23/2013referred to local governments
01/28/2013to attorney-general for opinion
02/20/2013opinion referred to judiciary
01/08/2014referred to local governments
01/10/2014to attorney-general for opinion
02/05/2014opinion referred to judiciary
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A03119 Floor Votes:

There are no votes for this bill in this legislative session.
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A03119 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3119
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2013
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Local Governments
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing  an amendment to article 9 of the constitution, in relation to
          directing the legislature to enact a procedure for the creation  of  a

          new county to be called Peconic county from the towns of East Hampton,
          Riverhead, Shelter Island, Southampton, and Southold in Suffolk County
 
     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.  Legislature directed to establish procedure for the creation  of
     4  Peconic  county.  (a) Whenever used in this section, the following terms
     5  shall mean or include:
     6    (1) "Peconic county." The towns of East  Hampton,  Riverhead,  Shelter
     7  Island, Southampton, and Southold in the county of Suffolk.
     8    (2)  "Tax  contribution."  The  contribution  of Peconic county to the
     9  general fund of Suffolk county based upon its contribution of sales  and
    10  use tax and the real property tax.

    11    (b)  Notwithstanding any provision of this constitution to the contra-
    12  ry, the legislature shall enact a procedure for the creation of  Peconic
    13  county  as  provided  for  by  this  section within twelve months of the
    14  adoption of this section.
    15    (c) Such enactment shall provide for the following:
    16    (1) The initiation of the creation of Peconic  county  by  a  petition
    17  submitted  by  the  electors of the proposed Peconic county to the state
    18  board of elections in a number equal to at  least  ten  percent  of  the
    19  total  vote  cast  for  governor in the territory proposed to be Peconic
    20  county in the last gubernatorial election.
    21    (2) Peconic county shall not  be  created  until  the  people  of  the

    22  proposed  Peconic county shall have consented thereto by a majority vote
    23  on a referendum.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89017-01-3

        A. 3119                             2
 
     1    (d) All personal and real property of Suffolk county located in Pecon-
     2  ic county as of the approval of the referendum shall become the property
     3  of Peconic county.
     4    (e)  All  existing  debt  of Suffolk county shall be a charge upon and
     5  shall be paid by Suffolk county and Peconic county  as  the  same  shall
     6  become due and payable, in the same proportion to the whole of such debt

     7  as each county's tax contribution.
     8    (f)  Nothing  in  such enactment by the legislature shall preclude the
     9  affected counties from providing for an agreement relating to the dispo-
    10  sition of the property and the assumption of debt in a manner  different
    11  than provided by this section.
    12    (g) The enactment of the legislature required by this section is here-
    13  by  determined  to  be  a matter of general state concern, and shall not
    14  require the adoption of a home rule message from  any  local  government
    15  pursuant to this article.
    16    (h)  The provisions of section five of article three of this constitu-
    17  tion relating to the population of counties  are  hereby  superseded  by
    18  this section in relation to the creation of Peconic county.

    19    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    20  referred to the first regular legislative session  convening  after  the
    21  next  succeeding  general  election  of members of the assembly, and, in
    22  conformity with  section  1  of  article  19  of  the  constitution,  be
    23  published for 3 months previous to the time of such election.
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