S02109 Summary:

BILL NOS02109
 
SAME ASSAME AS A06336
 
SPONSORPALUMBO
 
COSPNSR
 
MLTSPNSR
 
Add Art 1-A §§10 - 19, County L
 
Establishes a procedure for the creation of new counties; outlines population and area requirements; requires a feasibility study, petition and referendum; makes related provisions.
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S02109 Actions:

BILL NOS02109
 
01/18/2023REFERRED TO LOCAL GOVERNMENT
01/03/2024REFERRED TO LOCAL GOVERNMENT
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S02109 Committee Votes:

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S02109 Floor Votes:

There are no votes for this bill in this legislative session.
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S02109 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2109
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     1    Section 1. Legislative findings. It is hereby found by the legislature
     2  that section 2 of article 9 of the state constitution provides that  the
     3  legislature  shall  provide  for  the creation and organization of local
     4  governments in the state of New York. The state has  established  proce-
     5  dures for the creation of villages, towns, and for municipal annexation.
     6  However, it has not established procedures for the creation of counties.
     7    The  legislature is committed to the establishment of local government
     8  that is more cost effective, more efficient, and more responsive to  the
     9  needs and desires of those residents being served. Therefore, the legis-
    10  lature  finds  that it is in the best interests of the state of New York
    11  to establish a procedure for the creation of new counties  where  it  is
    12  feasible  and  in  the  best  interest of the governed. This legislation
    13  would create such a procedure.
    14    § 2. The county law is amended by adding a new article 1-A to read  as
    15  follows:
    16                                 ARTICLE 1-A
    17                          CREATION OF NEW COUNTIES
    18  Section 10. Population and area requirements.
    19          11. Feasibility study.
    20          12. Petition.
    21          13. Filing petition and objections; determination.
    22          14. Decision of the state comptroller.
    23          15. Referendum.
    24          16. Effective date; transition period.
    25          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
 
     1          18. Assumption of debt.
     2          19. Miscellaneous provisions.
     3    §  10.  Population  and area requirements. 1. A territory containing a
     4  population of at least one hundred thousand inhabitants,  as  determined
     5  by  the most recent federal census, may be established as a county under
     6  this article. Such territory shall also have an area  of  at  least  one
     7  hundred square miles.
     8    2.  Such  territory shall be contiguous and all counties affected by a
     9  petition pursuant to this article shall have contiguous boundaries.
    10    3. Such territory shall not  divide  the  territory  of  any  existing
    11  cities, towns or villages.
    12    §  11.  Feasibility study. Before a petition to become a county may be
    13  filed under section twelve of this article, a  feasibility  study  shall
    14  first be prepared. Such feasibility study shall include the following:
    15    1.  A  proposed  operating budget for the territory to be the proposed
    16  county;
    17    2. A proposed capital budget for the  territory  to  be  the  proposed
    18  county;
    19    3.  A  proposal for the division of assets and liabilities between the
    20  affected counties;
    21    4. The property tax impact on the proposed county  and  the  remaining
    22  county over at least a five year period; and
    23    5.  An executive summary of such financial impact statement, including
    24  the estimated real property tax impact  for  the  territory  to  be  the
    25  proposed county and the remaining area of the remaining county.
    26    §  12. Petition. 1. A proceeding to create a new county shall commence
    27  with a petition.
    28    2. A petition to create a new county shall be signed by a number equal
    29  to at least ten per centum of the total vote cast for  governor  in  the
    30  territory  proposed  to  become  a  county  in  the  last  gubernatorial
    31  election.
    32    3. Only qualified electors for a general election  in  such  territory
    33  shall be eligible to sign the petition.
    34    4.  The  petition  to  create a new county shall contain the following
    35  information:
    36    (a) The name of the proposed county;
    37    (b) The county seat of the proposed county;
    38    (c) A statement that the territory  proposed  to  be  the  new  county
    39  contains  at  least  one  hundred  thousand inhabitants and at least one
    40  hundred square miles;
    41    (d) A map showing the boundaries of the proposed county; and
    42    (e) A designation of at least one but not  more  than  three  persons,
    43  giving  full  names  and  addresses,  on whom and at which addresses all
    44  papers required to be served in connection with the proceeding to create
    45  the new county, shall be served.
    46    5. The signatures to the petition shall be subscribed  on  a  separate
    47  page  or pages following the information outlined in subdivision four of
    48  this section.
    49    6. Each signature page shall be prefaced by a statement of  the  peti-
    50  tioners'  familiarity with the contents and purpose of the petition, and
    51  the boundaries of the territory to be included in the new county.
    52    7. Following each signature, there shall be set forth, not necessarily
    53  by the signer, the signer's address, including street name  and  number,
    54  if any, and town.
    55    8.  The  petition  must also be authenticated as to all the signatures
    56  upon each separate sheet by appending at the bottom of  each  sheet,  an

        S. 2109                             3

     1  affidavit  of a witness as to the subscription thereof, substantially as
     2  follows: STATE OF NEW YORK
     3    ss.:  COUNTY OF ...................(name of witness) being duly sworn,
     4  says:  I  reside  at  ..................,  in  the  .............     of
     5  ................  (fill  in  residence) in the state of New York; I know
     6  each of the persons whose names are subscribed to the above sheet having
     7  .............. (fill in number) signatures; and each of them  subscribed
     8  the same in my presence.
     9    ........................
    10  (Signature   of  witness.)  Sworn  to  before  me,  this  .....  day  of
    11  ............, 20.... .................... (official title of officer)
    12    9. The state board of elections shall prepare a form of petition meet-
    13  ing the requirements of this section and shall make said form  available
    14  to the public. Any petition which is a copy of said form shall be deemed
    15  to meet the requirements of this section relating to form.
    16    §  13.  Filing  petition  and objections; determination. 1. A petition
    17  pursuant to this  article  shall  be  filed  with  the  state  board  of
    18  elections.
    19    2.  Any  petition  filed  with  the  state board of elections shall be
    20  presumptively valid if it is in the proper form and appears to bear  the
    21  requisite  number  of signatures authenticated in a manner prescribed by
    22  this article.
    23    3. Written objections to a petition pursuant to this article shall  be
    24  filed  with  the  state  board  of elections within three days after the
    25  filing of the petition. When an objection is  filed,  specifications  of
    26  the  grounds of the objections shall be filed within six days thereafter
    27  with such board of elections,  and  if  specifications  are  not  timely
    28  filed,  the objection shall be null and void. An objector must be quali-
    29  fied to sign the petition.
    30    4. Within twenty days of the filing of a  petition  pursuant  to  this
    31  article, the state board of elections shall render a determination as to
    32  the sufficiency of the petition. The state board of elections shall give
    33  notice  of the determination forthwith by mail to the individuals desig-
    34  nated pursuant to paragraph (e) of subdivision four of section twelve of
    35  this article, and if specified objections have been filed, the objectors
    36  shall be also notified.
    37    5. All provisions of the election law relating to the construal of the
    38  sufficiency of petitions, not  inconsistent  with  this  article,  shall
    39  apply to this section.
    40    6. A determination of the state board of elections shall be subject to
    41  judicial  review,  as provided for in article seventy-eight of the civil
    42  practice law and rules, except that it must be instituted within  thirty
    43  days  after the filing of determination pursuant to this section. Such a
    44  proceeding may only be instituted by a  person  qualified  to  sign  the
    45  petition. A proceeding under this section shall have preference over all
    46  other civil actions and proceedings.
    47    7.  The successful party to the proceeding shall file a certified copy
    48  of the decision and order with the state board of elections.
    49    § 14. Decision of the state comptroller. 1. Within ten days after  the
    50  first  occurring of either the expiration of thirty days from the filing
    51  of the original decision sustaining the legal sufficiency of  the  peti-
    52  tion  and  no  proceeding  having been instituted to review same, or the
    53  filing of a final order sustaining the petition after such a  proceeding
    54  to  review,  the state board of elections shall file a copy of the peti-
    55  tion with the office of  the  state  department  of  audit  and  control

        S. 2109                             4

     1  located in Albany for a review and decision by the state comptroller, as
     2  provided for by this section.
     3    2.  The  state comptroller shall examine the proposed operating budget
     4  for the territory to be the proposed county, the proposed capital budget
     5  for the area to be the proposed county, a description  of  the  services
     6  that  would  be  provided  by  the proposed county and how such services
     7  would be delivered and the estimated property tax impact for a five year
     8  period on the territory to be the proposed county and the  area  of  the
     9  remaining county.
    10    3.  The  state  comptroller  shall  issue  a decision on the financial
    11  feasibility of the proposed county.
    12    4. In order to make a favorable decision of financial feasibility, the
    13  state comptroller shall make the following findings:
    14    (a) that the overall public interest shall be served by  the  creation
    15  of the proposed county;
    16    (b)  that the cost of the proposed county shall not be an undue burden
    17  upon the proposed county or the remaining county;
    18    (c) that the revenue estimates and appropriations,  as  set  forth  in
    19  such  financial  impact  statement, are adequate to deliver the services
    20  proposed; and
    21    (d) that in all regards, such financial impact statement  provides  an
    22  accurate,  valid  and  transparent  presentation  of  information to the
    23  public.
    24    5. Such decision shall be delivered to the state  board  of  elections
    25  within  sixty days of submission to the state comptroller. Such decision
    26  shall be available for public inspection. A copy of such decision  shall
    27  also  be  mailed to the petitioners designated pursuant to paragraph (e)
    28  of subdivision four of section twelve of this article and all  objectors
    29  to  the petition, pursuant to section thirteen of this article, by regu-
    30  lar mail within five days of receipt.
    31    6. A determination of the state comptroller shall be subject to  judi-
    32  cial review, as provided for in article seventy-eight of the civil prac-
    33  tice law and rules, except that it must be instituted within thirty days
    34  after the filing of determination pursuant to this section. A proceeding
    35  under  this  section  shall have preference over all other civil actions
    36  and proceedings.
    37    7. Where the determination of the state comptroller is  not  favorable
    38  and  no  proceeding  is instituted to review such decision, the decision
    39  shall be final and conclusive. The state board of elections  shall  take
    40  no  further  action  on  such  petition.  A new proceeding to create the
    41  proposed county shall not be commenced for at least five years.
    42    § 15. Referendum. 1. A referendum to determine the question of  creat-
    43  ing a new county shall be held at the next general election occurring no
    44  less  than sixty days after the first occurring of either of the follow-
    45  ing two events:
    46    (a) The expiration of thirty days from a  favorable  decision  of  the
    47  state  comptroller  and  no  proceeding having been instituted to review
    48  same; or
    49    (b) The filing of a final order which sustains the favorable  decision
    50  of the state comptroller.
    51    2. The procedure for the referendum shall be pursuant to the election
    52    law.
    53    3. Each resident in the territory proposed to be the new county who is
    54  a qualified elector in a general election may vote in the referendum.
    55    4.  The form of the proposition shall be as follows: "Shall the terri-
    56  tory generally  described  as  ..............  (describe  territory)  be

        S. 2109                             5

     1  established  as  a  new  county to be called .................. (name of
     2  county)?"
     3    5.  If  the  majority  of  the votes cast on such referendum be in the
     4  affirmative, the referendum shall be adopted, and the new  county  shall
     5  be created.
     6    6.  If  the majority of votes cast at such referendum shall be adverse
     7  to the creation of the new county, no county shall  be  created  and  no
     8  petition  for the creation of such county from the same territory may be
     9  filed for a period of five years from the  date  such  referendum  shall
    10  have been defeated.
    11    § 16. Effective date; transition period. 1. When a referendum has been
    12  approved,  pursuant  to  this  article,  the  new county shall be deemed
    13  created and effective upon the adoption of the referendum, certified  by
    14  the  state  board  of elections, and shall have the authority to perform
    15  all acts necessary to effect a transition of authority to the new  coun-
    16  ty.
    17    2.  For the purposes of exercising all governmental functions, the new
    18  county shall be deemed effective  on  the  first  day  of  January  next
    19  succeeding  the  next general election at which county elective officers
    20  are elected.
    21    3. All county elective officers pursuant  to  this  article  shall  be
    22  elected at the next general election after the referendum is approved.
    23    4.  As provided by this article, the board of supervisors shall be the
    24  legislative body of the  new  county.  Nothing  in  this  article  shall
    25  preclude  the  establishment of a legislative body other than a board of
    26  supervisors, pursuant to law.
    27    5. Nothing in this article shall preclude a new county from  selecting
    28  a charter or other alternative form of government as permitted by law.
    29    6.  During  the  transition  period  between the effective date of the
    30  county and the effective date for the purpose of exercising all  govern-
    31  mental  functions, the supervisors of each of the towns constituting the
    32  new county shall be empowered to act as an interim board of supervisors.
    33  Said board shall have all the rights, privileges, functions, and  powers
    34  conferred  on  counties  and  municipal  corporations and shall take all
    35  actions necessary to effect a transition to the new  county  government,
    36  including  but  not  limited  to the transfer of real property, personal
    37  property, books, records, employees, the authority to enter into  agree-
    38  ments,  including  the  apportionment of liabilities, to adopt a budget,
    39  hire employees, levy taxes, and borrow money. Any action by the  interim
    40  board of supervisors shall be approved by a unanimous vote.
    41    7.  Any  taxes levied or collected and any other charges levied by the
    42  existing county for the transition period on  the  territory  which  has
    43  become a new county shall be utilized to continue services and functions
    44  for which the existing county is still responsible and to fund the tran-
    45  sition  expenses  of the new county, unless the affected counties other-
    46  wise agree.
    47    § 17. Disposition of property. 1. Except as  may  be  provided  in  an
    48  agreement  between  the  affected counties, as authorized by subdivision
    49  two of this section, all county owned real  or  personal  property,  and
    50  rights  in  real  and  personal  property,  including but not limited to
    51  streets, avenues, roads, highways, bridges, buildings, parks, open lands
    52  located in the newly created county, shall become the property  of  said
    53  new county.
    54    2. At any time during the transition period defined in subdivision six
    55  of section sixteen of this article, the governing boards of the affected
    56  counties  shall  have  the power to agree on the retention, division, or

        S. 2109                             6
 
     1  other disposition, either with or without  consideration,  of  real  and
     2  personal  property  and  rights in real and personal property within the
     3  affected counties. Any such agreement shall be in writing and  shall  be
     4  approved  by  the  affected counties. Such agreement may provide for the
     5  execution of any deeds or instruments affecting retention, division,  or
     6  other  disposition  of  such  property, either with or without consider-
     7  ation.
     8    § 18. Assumption of debt. 1. Except as may be provided in an agreement
     9  between the affected counties, as authorized by subdivision two of  this
    10  section,  any  indebtedness,  or liabilities, or interest thereon attri-
    11  buted to the pre-existing county, shall be a charge upon  and  shall  be
    12  paid  by  each  county  as the same shall become due and payable, in the
    13  same proportion to the whole of any  such  indebtedness,  liability,  or
    14  interest  as  each  affected  county's  tax contribution. Nothing herein
    15  shall preclude the new county from paying  in  full  its  proportion  of
    16  indebtedness  and  liabilities.  In  the case of liabilities relating to
    17  employee collective bargaining agreements  and  retirement  obligations,
    18  the  new  county shall not be bound by said agreements and shall only be
    19  responsible for liabilities such as accumulated  vacation,  sick  leave,
    20  and retirement costs for those employees actually transferred to the new
    21  county. The new county shall not have responsibility for the liabilities
    22  and indebtedness for any existing special district or special fund where
    23  the  new  county  is  not part of said special district or benefitted by
    24  said special fund. A new county shall not have  any  other  contribution
    25  for indebtedness or liabilities except as provided by this section.
    26    2. At any time during the transition period defined in subdivision six
    27  of section fifteen of this article, the governing boards of the affected
    28  counties  shall  have  the power to agree to the proportions, if any, of
    29  the various types of indebtedness, contract, or other  liabilities,  and
    30  interest thereon, if any, the affected counties will assume and agree to
    31  pay. Such proportions may be based on any equitable basis.
    32    3.  (a)  The term "tax contribution" shall mean each county's contrib-
    33  ution to the general fund of the  pre-existing  county  based  upon  its
    34  contribution  of  sales tax, if any, and real property tax. Such propor-
    35  tion shall initially be based upon the findings of the feasibility study
    36  prepared  pursuant  to  section  eleven  of  this  article.  The   final
    37  proportions shall be adjusted after the new county's first complete year
    38  of  operation  utilizing  actual  sales tax revenue collections for said
    39  year, and the real property tax levy for the last full year of the undi-
    40  vided existing county.
    41    (b) The term "indebtedness" and "contract or other liabilities"  shall
    42  not  include liabilities under collective bargaining agreements, indebt-
    43  edness evidenced by (i) tax  anticipation  notes,  revenue  anticipation
    44  notes,  or  budget  notes,  or (ii) evidenced by serial bonds or capital
    45  notes having a maximum maturity of less  than  three  years  which  were
    46  issued  or are to be issued to finance an object or purpose other than a
    47  capital improvement, or other than  the  acquisition  of  equipment  for
    48  which  the  period  of probable usefulness is provided in paragraph a of
    49  section 11.00 of the local finance law.
    50    § 19. Miscellaneous provisions. 1.  All  provisions  of  this  chapter
    51  shall govern the operation of counties created pursuant to this article,
    52  provided  however,  that  nothing therein shall preclude the election of
    53  alternative forms or the charter form of county government  as  provided
    54  by law.
    55    2.  All special acts and parts of special acts relating to the pre-ex-
    56  isting county and in force therein on the date the new county is created

        S. 2109                             7
 
     1  and not inconsistent with this article, shall continue in full force and
     2  effect in the affected counties, as though the new county  had  been  in
     3  existence  at the time of passage of said acts and as though the name of
     4  the  new county had appeared in said acts and parts of acts, except that
     5  any charter law adopted by the state legislature shall not be applicable
     6  to the new county.
     7    3. Employees transferred when a county is  created  pursuant  to  this
     8  article  shall  be transferred without further examination or qualifica-
     9  tion and shall retain their respective civil service classification  and
    10  status. Any employee who at the time of such transfer has a temporary or
    11  provisional  appointment  shall be transferred subject to the same right
    12  of removal examination, or termination as though such transfer  had  not
    13  been made.
    14    4. The creation of a new county shall not affect the boundaries of any
    15  congressional district, senate district, or assembly district.
    16    5. Nothing herein shall be deemed to limit the authority of the legis-
    17  lature  to  create  counties  or other local governments pursuant to the
    18  state constitution.
    19    6. During the transition period provided  for  in  this  article,  all
    20  local  laws, ordinances, rules, or regulations of the pre-existing undi-
    21  vided county shall remain in full force and  effect.  Said  local  laws,
    22  ordinances, rules, and regulations may be further extended by the inter-
    23  im  board  of  supervisors for a period not to exceed one year after the
    24  end of said transition period.
    25    7. During the transition period, the existing county shall continue to
    26  render to and perform all those functions and services which it rendered
    27  and performed upon the date of the filing of the petition with the state
    28  board of elections, unless otherwise agreed to by the affected counties.
    29    § 3. Severability. If any clause,  sentence,  paragraph,  section,  or
    30  part  of this act shall be adjudged by a court of competent jurisdiction
    31  to be invalid, such judgment shall not affect, impair, or invalidate the
    32  remainder thereof, but shall be confined in its operation to the clause,
    33  paragraph, section, or part thereof, directly involved in the controver-
    34  sy in which such judgment shall have been rendered.
    35    § 4. This act shall take effect immediately.
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