Allow Creation of New Counties

Section 1. Legislative findings. It is hereby found by the legislature that section 2 of article 9, of the state constitution provides that the legislature shall provide for the creation and organization of local governments in the state of New York. The state has established procedures for the creation of villages, towns, and for municipal annexation. However, it has not established procedures for the creation of counties.

The legislature is committed to the establishment of local governments, such as counties, where it could result in government that is more cost effective, more efficient, and more responsive to the needs and desires of those residents being served.

Therefore, the legislature finds that it is in the best interests of the state of New York to establish a procedure for the creation of new counties where it is feasible and in the best interest of the governed. This legislation would create such a procedure and fulfill the state's constitutional mandate to provide for the creation of counties.

§ 2. The county law is amended by adding a new article 1-A to read as follows:

ARTICLE 1-A

CREATION OF NEW COUNTIES Section 10. Population and area requirements.

11. Feasibility study.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

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12. Petition.

13. Filing petition and objections; determination.

14. Referendum.

15. Effective date; transition period.

16. Disposition of property.

17. Assumption of debt.

18. Miscellaneous provisions.

§ 10. Population and area requirements. 1. A territory containing a population that entitles it to a member of the assembly, as determined by the most recent federal census, may be established as a county under this article. Said territory shall also have an area of at least two hundred fifty square miles.

2. Said territory shall be contiguous and all counties affected by a petition pursuant to this article shall have contiguous boundaries.

3. Said territory shall not divide the territory of any existing cities, towns or villages.

§ 11. Feasibility study. 1. Before a petition to become a county may be filed under section twelve of this article, a feasibility study shall first be prepared. Such feasibility study shall include the following:

(a) A proposed operating budget for the territory to be the proposed county;

(b) A proposed capital budget for the territory to be the proposed county;

(c) A proposal for the division of assets and liabilities between the affected counties; and

(d) The property tax impact on the proposed county over at least a five year period.

2. Such feasibility study shall be authorized or at least partially funded by the state of New York.

3. A feasibility study completed before the effective date of this article may be utilized to satisfy the requirements of this section, provided that any petition based on such a study shall be initiated within five years of the date of the feasibility study.

§ 12. Petition. 1. A proceeding to create a new county shall commence with a petition.

2. A petition to create a new county shall be signed by a number equal to at least ten per centum of the total vote cast for governor in the territory proposed to become a county in the last gubernatorial election.

3. Only qualified electors for a general election in such territory shall be eligible to sign the petition.

4. The petition to create a new county shall contain the following information:

(a) The name of the proposed county;

(b) The county seat of the proposed county;

(c) A statement that the territory proposed to be the new county contains at least a population that entitles it to a member of the assembly and at least two hundred fifty square miles;

(d) A map showing the boundaries of the proposed county; and

(e) A designation of at least one but not more than three persons, giving full names and addresses, on whom and at which addresses all papers required to be served in connection with the proceeding to create the new county, shall be served.

5. The signatures to the petition shall be subscribed on a separate page or pages following the information outlined in subdivision four of this section.

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6. Each signature page shall be prefaced by a statement of the petitioners' familiarity with the contents and purpose of the petition, and the boundaries of the territory to be included in the new county.

7. Following each signature, there shall be set forth, not necessarily by the signer, the signer's address, including street name and number, if any, and town.

8. The petition must also be authenticated as to all the signatures upon each separate sheet by appending at the bottom of each sheet, an affidavit of a witness as to the subscription thereof, substantially as follows: STATE OF NEW YORK

ss.: COUNTY OF ...................(name of witness) being duly sworn, says: I reside at .................., in the ............. of ................ (fill in residence) in the state of New York; I know each of the persons whose names are subscribed to the above sheet having .............. (fill in number) signatures; and each of them subscribed the same in my presence.

.....................

(Signature of witness.) Sworn to before me, this ..... day of ............., 20.... ...................... (official title of officer)

9. The state board of elections shall prepare a form of petition meeting the requirements of this section and shall make said form available to the public. Any petition which is a copy of said form shall be deemed to meet the requirements of this section relating to form.

§ 13. Filing petition and objections; determination. 1. A petition pursuant to this article shall be filed with the state board of elections.

2. Any petition filed with the board of elections shall be presumptively valid if it is in the proper form and appears to bear the requisite number of signatures authenticated in a manner prescribed by this article.

3. Written objections to a petition pursuant to this article shall be filed with the board of elections within three days after the filing of the petition. When an objection is filed, specifications of the grounds of the objections shall be filed within six days thereafter with such board of elections, and if specifications are not timely filed, the objection shall be null and void. An objector must be qualified to sign the petition.

4. Within twenty days of the filing of a petition pursuant to this article, the board of elections shall render a determination as to the sufficiency of the petition. The board of elections shall give notice of the determination forthwith by mail to the individuals designated pursuant to paragraph (e) of subdivision four of section twelve of this article, and if specified objections have been filed, the objector shall be also notified.

5. All provisions of the election law relating to the construal of the sufficiency of petitions, not inconsistent with this article, shall apply to this section.

6. A determination of the board of elections shall be subject to judicial review, as provided for in article seventy-eight of the civil practice law and rules, except that it must be instituted as therein provided within thirty days after the filing of determination pursuant

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to this section. Such a proceeding may only be instituted by a person qualified to sign the petition. A proceeding under this section shall have preference over all other civil actions and proceedings.

7. The successful party to the proceeding shall file a certified copy of the decision and order with the state board of elections.

§ 14. Referendum. 1. A referendum to determine the question of creating a new county shall be held at the next general election occurring no less than sixty days after the first occurring of either of the following two events:

(a) The expiration of thirty days from the determination of the county board of elections sustaining the legal sufficiency of the petition and no proceeding having been instituted to review same; or

(b) The filing of a final order with the county board of elections which sustains the petition after a court proceeding to review.

2. The procedure for the referendum shall be pursuant to the election law.

3. Each resident in the territory proposed to be the new county who is a qualified elector in a general election may vote in the referendum.

4. The form of the proposition shall be as follows: "Shall the territory generally described as .............. (describe territory) be established as a new county to be called .................. (name of county) ?

5. If the majority of the votes cast on such referendum be in the affirmative, the referendum shall be adopted and the new county shall be created.

6. If the majority of votes cast at such referendum shall be adverse to the creation of the new county, no county shall be created and no petition for the creation of such county from the same territory may be filed for a period of five years from the date such referendum shall have been defeated.

§ 15. Effective date; transition period. 1. When a referendum has been approved, pursuant to this article, the new county shall be deemed created and effective upon the adoption of the referendum, certified by the state board of elections, and shall have the authority to perform all acts necessary to effect a transition of authority to the new county.

2. For the purposes of exercising all governmental functions, the new county shall be deemed effective on the first day of January next succeeding the next general election at which county elective officers are elected.

3. All county elective officers pursuant to this article shall be elected at the next general election after the referendum is approved.

4. As provided by this article, the board of supervisors shall be the legislative body of the new county. Nothing herein shall preclude the establishment of a legislative body other than a board of supervisors, pursuant to law.

5. Nothing herein shall preclude a new county from selecting a charter or other alternative form of government as permitted by law.

6. During the transition period between the effective date of the county and the effective date for the purpose of exercising all governmental functions, the supervisors of each of the towns constituting the new county shall be empowered to act as an interim board of supervisors. Said board shall have all the rights, privileges, functions, and powers conferred on counties and municipal corporations and shall take all actions necessary to effect a transition to the new county government, including but not limited to the transfer of real property, personal

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property, books, records, employees, the authority to enter into agreements, including the apportionment of liabilities, to adopt a budget, hire employees, levy taxes, and borrow money. Any action by the interim board of supervisors shall be approved by a unanimous vote.

7. Any taxes levied or collected and any other charges levied by the existing county for the transition period on the territory which has become a new county shall be utilized to continue services and functions for which the existing county is still responsible and to fund the transition expenses of the new county, unless the affected counties otherwise agree.

§ 16. Disposition of property. 1. Except as may be provided in an agreement between the affected counties, as authorized by subdivision two of this section, all county owned real or personal property, and rights in real and personal property, including but not limited to streets, avenues, roads, highways, bridges, buildings, parks, open lands located in the newly created county, shall become the property of said new county.

2. At any time during the transition period defined in subdivision six of section fifteen of this article, the governing boards of the affected counties shall have the power to agree on the retention, division, or other disposition, either with or without consideration, of real and personal property and rights in real and personal property within the affected counties. Any such agreement shall be in writing and shall be approved by the affected counties. Such agreement may provide for the execution of any deeds or instruments affecting retention, division, or other disposition of such property, either with or without consideration.