Provides for a constitutional amendment directing the legislature to establish a procedure for the creation of Peconic county

BILL NUMBER:S2449

Title of bill

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

Purpose

To amend the New York State Constitution to provide procedure for the creation of Peconic county from the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in Suffolk County.

Summary of provisions

Section 1 provides a resolution that article 9 of the constitution be amended by adding a new section 4. Said section includes a definition of Peconic County as the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in Suffolk County and a definition of tax contribution as Peconic County's contribution to Suffolk County based on the amount of property tax and sales tax that Suffolk County receives from Peconic County.

Section 4 of article 9 provides that within twelve months of the adoption of the section, the legislature shall enact a procedure for the creation of Peconic County. This procedure required a petition to be submitted by the electors of the proposed county to the state board of elections. The petition must include at least ten percent of the total votes in the proposed county in the last gubernatorial election. In addition to the petition, the proposed county will not be created until the people of the proposed county reach a majority vote on a referendum.

According to Section 4, all property of Suffolk County located in Peconic County will become property of Peconic County with the approval of the referendum, and a portion of Suffolk County's existing debt will then be paid by Peconic County. This enactment does not require a home rule message from any local government to this article, and the provision of section five of article three relating to population of counties arc superseded by this section regarding the creation of Peconic County.

Section 2 provides a resolution that the amendment be referred to the first regular session convening after the next succeeding general election of members of the assembly.

Justification

The Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold have developed differently than the other areas of Suffolk County regarding land use issues, sources of commerce, tourism, second-home ownership, population growth, land and resource conservation and other elements. Enacting procedure for the creation of Peconic County will therefore ensure that the interests of all areas of Suffolk and Peconic County are represented in county government.

Legislative history

2011-12 S.1312; 2009-2010 S.707; 2007-08, S.562; 2005-06, S.1134; 2003-04, S.636; 2001-02, S.1765; 1999-00, S.6326.

Fiscal implications

None.

Effective date

Resolved (if the Assembly and Senate concur) that the foregoing amendment be referred to the first regular session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, he published for 3 months previous to the time of such election.