Bill Text: NY S05867 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes a procedure for the creation of new counties; outlines population and area requirements; requires a feasibility study, petition and referendum; makes related provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LOCAL GOVERNMENT [S05867 Detail]
Download: New_York-2021-S05867-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 5867 A. 6524 2021-2022 Regular Sessions SENATE - ASSEMBLY 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: 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09777-01-1S. 5867 2 A. 6524 1 14. Decision of the state comptroller. 2 15. Referendum. 3 16. Effective date; transition period. 4 17. Disposition of property. 5 18. Assumption of debt. 6 19. Miscellaneous provisions. 7 § 10. Population and area requirements. 1. A territory containing a 8 population of at least one hundred thousand inhabitants, as determined 9 by the most recent federal census, may be established as a county under 10 this article. Such territory shall also have an area of at least one 11 hundred square miles. 12 2. Such territory shall be contiguous and all counties affected by a 13 petition pursuant to this article shall have contiguous boundaries. 14 3. Such territory shall not divide the territory of any existing 15 cities, towns or villages. 16 § 11. Feasibility study. Before a petition to become a county may be 17 filed under section twelve of this article, a feasibility study shall 18 first be prepared. Such feasibility study shall include the following: 19 1. A proposed operating budget for the territory to be the proposed 20 county; 21 2. A proposed capital budget for the territory to be the proposed 22 county; 23 3. A proposal for the division of assets and liabilities between the 24 affected counties; 25 4. The property tax impact on the proposed county and the remaining 26 county over at least a five year period; and 27 5. An executive summary of such financial impact statement, including 28 the estimated real property tax impact for the territory to be the 29 proposed county and the remaining area of the remaining county. 30 § 12. Petition. 1. A proceeding to create a new county shall commence 31 with a petition. 32 2. A petition to create a new county shall be signed by a number equal 33 to at least ten per centum of the total vote cast for governor in the 34 territory proposed to become a county in the last gubernatorial 35 election. 36 3. Only qualified electors for a general election in such territory 37 shall be eligible to sign the petition. 38 4. The petition to create a new county shall contain the following 39 information: 40 (a) The name of the proposed county; 41 (b) The county seat of the proposed county; 42 (c) A statement that the territory proposed to be the new county 43 contains at least one hundred thousand inhabitants and at least one 44 hundred square miles; 45 (d) A map showing the boundaries of the proposed county; and 46 (e) A designation of at least one but not more than three persons, 47 giving full names and addresses, on whom and at which addresses all 48 papers required to be served in connection with the proceeding to create 49 the new county, shall be served. 50 5. The signatures to the petition shall be subscribed on a separate 51 page or pages following the information outlined in subdivision four of 52 this section. 53 6. Each signature page shall be prefaced by a statement of the peti- 54 tioners' familiarity with the contents and purpose of the petition, and 55 the boundaries of the territory to be included in the new county.S. 5867 3 A. 6524 1 7. Following each signature, there shall be set forth, not necessarily 2 by the signer, the signer's address, including street name and number, 3 if any, and town. 4 8. The petition must also be authenticated as to all the signatures 5 upon each separate sheet by appending at the bottom of each sheet, an 6 affidavit of a witness as to the subscription thereof, substantially as 7 follows: STATE OF NEW YORK 8 ss.: COUNTY OF ...................(name of witness) being duly sworn, 9 says: I reside at .................., in the ............. of 10 ................ (fill in residence) in the state of New York; I know 11 each of the persons whose names are subscribed to the above sheet having 12 .............. (fill in number) signatures; and each of them subscribed 13 the same in my presence. 14 ........................ 15 (Signature of witness.) Sworn to before me, this ..... day of 16 ............, 20.... .................... (official title of officer) 17 9. The state board of elections shall prepare a form of petition meet- 18 ing the requirements of this section and shall make said form available 19 to the public. Any petition which is a copy of said form shall be deemed 20 to meet the requirements of this section relating to form. 21 § 13. Filing petition and objections; determination. 1. A petition 22 pursuant to this article shall be filed with the state board of 23 elections. 24 2. Any petition filed with the state board of elections shall be 25 presumptively valid if it is in the proper form and appears to bear the 26 requisite number of signatures authenticated in a manner prescribed by 27 this article. 28 3. Written objections to a petition pursuant to this article shall be 29 filed with the state board of elections within three days after the 30 filing of the petition. When an objection is filed, specifications of 31 the grounds of the objections shall be filed within six days thereafter 32 with such board of elections, and if specifications are not timely 33 filed, the objection shall be null and void. An objector must be quali- 34 fied to sign the petition. 35 4. Within twenty days of the filing of a petition pursuant to this 36 article, the state board of elections shall render a determination as to 37 the sufficiency of the petition. The state board of elections shall give 38 notice of the determination forthwith by mail to the individuals desig- 39 nated pursuant to paragraph (e) of subdivision four of section twelve of 40 this article, and if specified objections have been filed, the objectors 41 shall be also notified. 42 5. All provisions of the election law relating to the construal of the 43 sufficiency of petitions, not inconsistent with this article, shall 44 apply to this section. 45 6. A determination of the state board of elections shall be subject to 46 judicial review, as provided for in article seventy-eight of the civil 47 practice law and rules, except that it must be instituted within thirty 48 days after the filing of determination pursuant to this section. Such a 49 proceeding may only be instituted by a person qualified to sign the 50 petition. A proceeding under this section shall have preference over all 51 other civil actions and proceedings. 52 7. The successful party to the proceeding shall file a certified copy 53 of the decision and order with the state board of elections. 54 § 14. Decision of the state comptroller. 1. Within ten days after the 55 first occurring of either the expiration of thirty days from the filing 56 of the original decision sustaining the legal sufficiency of the peti-S. 5867 4 A. 6524 1 tion and no proceeding having been instituted to review same, or the 2 filing of a final order sustaining the petition after such a proceeding 3 to review, the state board of elections shall file a copy of the peti- 4 tion with the office of the state department of audit and control 5 located in Albany for a review and decision by the state comptroller, as 6 provided for by this section. 7 2. The state comptroller shall examine the proposed operating budget 8 for the territory to be the proposed county, the proposed capital budget 9 for the area to be the proposed county, a description of the services 10 that would be provided by the proposed county and how such services 11 would be delivered and the estimated property tax impact for a five year 12 period on the territory to be the proposed county and the area of the 13 remaining county. 14 3. The state comptroller shall issue a decision on the financial 15 feasibility of the proposed county. 16 4. In order to make a favorable decision of financial feasibility, the 17 state comptroller shall make the following findings: 18 (a) that the overall public interest shall be served by the creation 19 of the proposed county; 20 (b) that the cost of the proposed county shall not be an undue burden 21 upon the proposed county or the remaining county; 22 (c) that the revenue estimates and appropriations, as set forth in 23 such financial impact statement, are adequate to deliver the services 24 proposed; and 25 (d) that in all regards, such financial impact statement provides an 26 accurate, valid and transparent presentation of information to the 27 public. 28 5. Such decision shall be delivered to the state board of elections 29 within sixty days of submission to the state comptroller. Such decision 30 shall be available for public inspection. A copy of such decision shall 31 also be mailed to the petitioners designated pursuant to paragraph (e) 32 of subdivision four of section twelve of this article and all objectors 33 to the petition, pursuant to section thirteen of this article, by regu- 34 lar mail within five days of receipt. 35 6. A determination of the state comptroller shall be subject to judi- 36 cial review, as provided for in article seventy-eight of the civil prac- 37 tice law and rules, except that it must be instituted within thirty days 38 after the filing of determination pursuant to this section. A proceeding 39 under this section shall have preference over all other civil actions 40 and proceedings. 41 7. Where the determination of the state comptroller is not favorable 42 and no proceeding is instituted to review such decision, the decision 43 shall be final and conclusive. The state board of elections shall take 44 no further action on such petition. A new proceeding to create the 45 proposed county shall not be commenced for at least five years. 46 § 15. Referendum. 1. A referendum to determine the question of creat- 47 ing a new county shall be held at the next general election occurring no 48 less than sixty days after the first occurring of either of the follow- 49 ing two events: 50 (a) The expiration of thirty days from a favorable decision of the 51 state comptroller and no proceeding having been instituted to review 52 same; or 53 (b) The filing of a final order which sustains the favorable decision 54 of the state comptroller. 55 2. The procedure for the referendum shall be pursuant to the election 56 law.S. 5867 5 A. 6524 1 3. Each resident in the territory proposed to be the new county who is 2 a qualified elector in a general election may vote in the referendum. 3 4. The form of the proposition shall be as follows: "Shall the terri- 4 tory generally described as .............. (describe territory) be 5 established as a new county to be called .................. (name of 6 county)?" 7 5. If the majority of the votes cast on such referendum be in the 8 affirmative, the referendum shall be adopted, and the new county shall 9 be created. 10 6. If the majority of votes cast at such referendum shall be adverse 11 to the creation of the new county, no county shall be created and no 12 petition for the creation of such county from the same territory may be 13 filed for a period of five years from the date such referendum shall 14 have been defeated. 15 § 16. Effective date; transition period. 1. When a referendum has been 16 approved, pursuant to this article, the new county shall be deemed 17 created and effective upon the adoption of the referendum, certified by 18 the state board of elections, and shall have the authority to perform 19 all acts necessary to effect a transition of authority to the new coun- 20 ty. 21 2. For the purposes of exercising all governmental functions, the new 22 county shall be deemed effective on the first day of January next 23 succeeding the next general election at which county elective officers 24 are elected. 25 3. All county elective officers pursuant to this article shall be 26 elected at the next general election after the referendum is approved. 27 4. As provided by this article, the board of supervisors shall be the 28 legislative body of the new county. Nothing in this article shall 29 preclude the establishment of a legislative body other than a board of 30 supervisors, pursuant to law. 31 5. Nothing in this article shall preclude a new county from selecting 32 a charter or other alternative form of government as permitted by law. 33 6. During the transition period between the effective date of the 34 county and the effective date for the purpose of exercising all govern- 35 mental functions, the supervisors of each of the towns constituting the 36 new county shall be empowered to act as an interim board of supervisors. 37 Said board shall have all the rights, privileges, functions, and powers 38 conferred on counties and municipal corporations and shall take all 39 actions necessary to effect a transition to the new county government, 40 including but not limited to the transfer of real property, personal 41 property, books, records, employees, the authority to enter into agree- 42 ments, including the apportionment of liabilities, to adopt a budget, 43 hire employees, levy taxes, and borrow money. Any action by the interim 44 board of supervisors shall be approved by a unanimous vote. 45 7. Any taxes levied or collected and any other charges levied by the 46 existing county for the transition period on the territory which has 47 become a new county shall be utilized to continue services and functions 48 for which the existing county is still responsible and to fund the tran- 49 sition expenses of the new county, unless the affected counties other- 50 wise agree. 51 § 17. Disposition of property. 1. Except as may be provided in an 52 agreement between the affected counties, as authorized by subdivision 53 two of this section, all county owned real or personal property, and 54 rights in real and personal property, including but not limited to 55 streets, avenues, roads, highways, bridges, buildings, parks, open landsS. 5867 6 A. 6524 1 located in the newly created county, shall become the property of said 2 new county. 3 2. At any time during the transition period defined in subdivision six 4 of section sixteen of this article, the governing boards of the affected 5 counties shall have the power to agree on the retention, division, or 6 other disposition, either with or without consideration, of real and 7 personal property and rights in real and personal property within the 8 affected counties. Any such agreement shall be in writing and shall be 9 approved by the affected counties. Such agreement may provide for the 10 execution of any deeds or instruments affecting retention, division, or 11 other disposition of such property, either with or without consider- 12 ation. 13 § 18. Assumption of debt. 1. Except as may be provided in an agreement 14 between the affected counties, as authorized by subdivision two of this 15 section, any indebtedness, or liabilities, or interest thereon attri- 16 buted to the pre-existing county, shall be a charge upon and shall be 17 paid by each county as the same shall become due and payable, in the 18 same proportion to the whole of any such indebtedness, liability, or 19 interest as each affected county's tax contribution. Nothing herein 20 shall preclude the new county from paying in full its proportion of 21 indebtedness and liabilities. In the case of liabilities relating to 22 employee collective bargaining agreements and retirement obligations, 23 the new county shall not be bound by said agreements and shall only be 24 responsible for liabilities such as accumulated vacation, sick leave, 25 and retirement costs for those employees actually transferred to the new 26 county. The new county shall not have responsibility for the liabilities 27 and indebtedness for any existing special district or special fund where 28 the new county is not part of said special district or benefitted by 29 said special fund. A new county shall not have any other contribution 30 for indebtedness or liabilities except as provided by this section. 31 2. At any time during the transition period defined in subdivision six 32 of section fifteen of this article, the governing boards of the affected 33 counties shall have the power to agree to the proportions, if any, of 34 the various types of indebtedness, contract, or other liabilities, and 35 interest thereon, if any, the affected counties will assume and agree to 36 pay. Such proportions may be based on any equitable basis. 37 3. (a) The term "tax contribution" shall mean each county's contrib- 38 ution to the general fund of the pre-existing county based upon its 39 contribution of sales tax, if any, and real property tax. Such propor- 40 tion shall initially be based upon the findings of the feasibility study 41 prepared pursuant to section eleven of this article. The final 42 proportions shall be adjusted after the new county's first complete year 43 of operation utilizing actual sales tax revenue collections for said 44 year, and the real property tax levy for the last full year of the undi- 45 vided existing county. 46 (b) The term "indebtedness" and "contract or other liabilities" shall 47 not include liabilities under collective bargaining agreements, indebt- 48 edness evidenced by (i) tax anticipation notes, revenue anticipation 49 notes, or budget notes, or (ii) evidenced by serial bonds or capital 50 notes having a maximum maturity of less than three years which were 51 issued or are to be issued to finance an object or purpose other than a 52 capital improvement, or other than the acquisition of equipment for 53 which the period of probable usefulness is provided in paragraph a of 54 section 11.00 of the local finance law. 55 § 19. Miscellaneous provisions. 1. All provisions of this chapter 56 shall govern the operation of counties created pursuant to this article,S. 5867 7 A. 6524 1 provided however, that nothing therein shall preclude the election of 2 alternative forms or the charter form of county government as provided 3 by law. 4 2. All special acts and parts of special acts relating to the pre-ex- 5 isting county and in force therein on the date the new county is created 6 and not inconsistent with this article, shall continue in full force and 7 effect in the affected counties, as though the new county had been in 8 existence at the time of passage of said acts and as though the name of 9 the new county had appeared in said acts and parts of acts, except that 10 any charter law adopted by the state legislature shall not be applicable 11 to the new county. 12 3. Employees transferred when a county is created pursuant to this 13 article shall be transferred without further examination or qualifica- 14 tion and shall retain their respective civil service classification and 15 status. Any employee who at the time of such transfer has a temporary or 16 provisional appointment shall be transferred subject to the same right 17 of removal examination, or termination as though such transfer had not 18 been made. 19 4. The creation of a new county shall not affect the boundaries of any 20 congressional district, senate district, or assembly district. 21 5. Nothing herein shall be deemed to limit the authority of the legis- 22 lature to create counties or other local governments pursuant to the 23 state constitution. 24 6. During the transition period provided for in this article, all 25 local laws, ordinances, rules, or regulations of the pre-existing undi- 26 vided county shall remain in full force and effect. Said local laws, 27 ordinances, rules, and regulations may be further extended by the inter- 28 im board of supervisors for a period not to exceed one year after the 29 end of said transition period. 30 7. During the transition period, the existing county shall continue to 31 render to and perform all those functions and services which it rendered 32 and performed upon the date of the filing of the petition with the state 33 board of elections, unless otherwise agreed to by the affected counties. 34 § 3. Severability. If any clause, sentence, paragraph, section, or 35 part of this act shall be adjudged by a court of competent jurisdiction 36 to be invalid, such judgment shall not affect, impair, or invalidate the 37 remainder thereof, but shall be confined in its operation to the clause, 38 paragraph, section, or part thereof, directly involved in the controver- 39 sy in which such judgment shall have been rendered. 40 § 4. This act shall take effect immediately.
