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.
STATE OF NEW YORK
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2449
2013-2014 Regular Sessions
IN SENATE
January 17, 2013
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
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 Assembly 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
S. 2449 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 Assembly concur), That the foregoing amendment
20 be 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.
