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S4443Senate2015-2016 SessionSame asA6346

Relates to establishing a procedure for the creation of new counties

Sponsor Kenneth P. LaValleSD-1Affects Local Government
Status
In Senate Committee
Local Government
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Local Government

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Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

No co-sponsors yet.

History

  1. Referred to local government
  2. Referred to local government

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6346Assembly

Relates to establishing a procedure for the creation of new counties

In Assembly Committee · Local Governments · Sponsor Fred Thiele

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4443

Title of bill

An act to amend the county law, in relation to establishing a procedure for the creation of new counties

Purpose or general idea of bill

To amend the county law to provide a uniform procedure for the creation of counties, similar to existing procedures for the creation of new towns and villages.

Summary of specific provisions

Section 1. Legislative findings that support the establishment of a procedure for the creation of new counties.

Section 2. Adopts a new Article 1-A to the County Law relating to establishing a procedure for the creation of new counties

Section 3. Severability Clause

Section 4. Immediate Effective Date

Justification

State government has an interest in insuring that local government is as effective, efficient, and responsive as it can be for its citizens. This includes providing a government structure that can best accomplish these goals.

Article 9, Section 2(a) of the State Constitution provides that the State Legislature "shall provide for the creation and organization of local governments..." In the case of towns (Town Law, Article 5, Sections 73-79) the State Legislature has provided for the creation of new towns. In the case of villages, the State Legislature has provided for the creation of new villages (Village law, Article 2). However, in the case of counties, there is no uniform set of procedures in place relating to the creation of new counties. Rather in the past, new counties have been created by a haphazard, ad hoc process without any uniformity. Because of the lack of such uniform there exists a great deal of uncertainty regarding legal issues relating to the creation of new counties. This legislation would eliminate this uncertainty and meet the constitutional requirement of providing for the creation of counties, by instituting a set of uniform procedures and substantive requirements that would have to be met before a new county could be created.

Such legislation must be carefully drafted to permit the creation of new counties when it would result in more efficient and effective government. It must also be sensitive to the home rule interests of the residents who would be governed by the new county. In particular, the process should insure that voters in the proposed county have the necessary information to make an informed and educated decision on the issue of the creation of a new county. Finally, the legislation must provide for substantive minimum requirements for the creation of new

counties that recognize the historical and particular role that counties play in the system of local government in New York State. This legislation meets these goals in several ways. It extensively mirrors the applicable provisions of existing state law relating to new villages, new towns, and municipal annexation where they would be relevant to the creation of new counties.

The legislation also provides for the assumption of debt and liabilities in a manner similar to annexation under the General Municipal Law. Specifically, unless otherwise agreed to, each county would assume a proportion of debt equal to its tax contribution to the pre-existing county. This would include both sales and property tax. The legislation also includes related miscellaneous provisions and a severability clause.

Prior legislative history

2015: New Legislation

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.