senate Bill S1312

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 14 / Jan / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A2082
Versions:
S1312
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Add Art 9 ยง4, Constn
Versions Introduced in Previous Legislative Cycles:
2009-2010: S707, A2184
2007-2008: A1324

Sponsor Memo

BILL NUMBER:S1312

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 are 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:
2009-10: 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 I of article 19 of the constitution, be
published for 3 months previous to the time of such election.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1312

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

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

  Section 1. Resolved (if the Assembly concur), That article  9  of  the
constitution be amended by adding a new section 4 to read as follows:
  S  4.  LEGISLATURE DIRECTED TO ESTABLISH PROCEDURE FOR THE CREATION OF
PECONIC COUNTY.  (A) WHENEVER USED IN THIS SECTION, THE FOLLOWING  TERMS
SHALL MEAN OR INCLUDE:
  (1)  "PECONIC  COUNTY."  THE TOWNS OF EAST HAMPTON, RIVERHEAD, SHELTER
ISLAND, SOUTHAMPTON, AND SOUTHOLD IN THE COUNTY OF SUFFOLK.
  (2) "TAX CONTRIBUTION." THE CONTRIBUTION  OF  PECONIC  COUNTY  TO  THE
GENERAL  FUND OF SUFFOLK COUNTY BASED UPON ITS CONTRIBUTION OF SALES AND
USE TAX AND THE REAL PROPERTY TAX.
  (B) NOTWITHSTANDING ANY PROVISION OF THIS CONSTITUTION TO THE  CONTRA-
RY,  THE LEGISLATURE SHALL ENACT A PROCEDURE FOR THE CREATION OF PECONIC
COUNTY AS PROVIDED FOR BY THIS  SECTION  WITHIN  TWELVE  MONTHS  OF  THE
ADOPTION OF THIS SECTION.
  (C) SUCH ENACTMENT SHALL PROVIDE FOR THE FOLLOWING:
  (1)  THE  INITIATION  OF  THE CREATION OF PECONIC COUNTY BY A PETITION
SUBMITTED BY THE ELECTORS OF THE PROPOSED PECONIC COUNTY  TO  THE  STATE
BOARD  OF  ELECTIONS  IN  A  NUMBER EQUAL TO AT LEAST TEN PERCENT OF THE
TOTAL VOTE CAST FOR GOVERNOR IN THE TERRITORY  PROPOSED  TO  BE  PECONIC
COUNTY IN THE LAST GUBERNATORIAL ELECTION.
  (2)  PECONIC  COUNTY  SHALL  NOT  BE  CREATED  UNTIL THE PEOPLE OF THE
PROPOSED PECONIC COUNTY SHALL HAVE CONSENTED THERETO BY A MAJORITY  VOTE
ON A REFERENDUM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89045-01-1

S. 1312                             2

  (D) ALL PERSONAL AND REAL PROPERTY OF SUFFOLK COUNTY LOCATED IN PECON-
IC COUNTY AS OF THE APPROVAL OF THE REFERENDUM SHALL BECOME THE PROPERTY
OF PECONIC COUNTY.
  (E)  ALL  EXISTING  DEBT  OF SUFFOLK COUNTY SHALL BE A CHARGE UPON AND
SHALL BE PAID BY SUFFOLK COUNTY AND PECONIC COUNTY  AS  THE  SAME  SHALL
BECOME DUE AND PAYABLE, IN THE SAME PROPORTION TO THE WHOLE OF SUCH DEBT
AS EACH COUNTY'S TAX CONTRIBUTION.
  (F)  NOTHING  IN  SUCH ENACTMENT BY THE LEGISLATURE SHALL PRECLUDE THE
AFFECTED COUNTIES FROM PROVIDING FOR AN AGREEMENT RELATING TO THE DISPO-
SITION OF THE PROPERTY AND THE ASSUMPTION OF DEBT IN A MANNER  DIFFERENT
THAN PROVIDED BY THIS SECTION.
  (G) THE ENACTMENT OF THE LEGISLATURE REQUIRED BY THIS SECTION IS HERE-
BY  DETERMINED  TO  BE  A MATTER OF GENERAL STATE CONCERN, AND SHALL NOT
REQUIRE THE ADOPTION OF A HOME RULE MESSAGE FROM  ANY  LOCAL  GOVERNMENT
PURSUANT TO THIS ARTICLE.
  (H)  THE PROVISIONS OF SECTION FIVE OF ARTICLE THREE OF THIS CONSTITU-
TION RELATING TO THE POPULATION OF COUNTIES  ARE  HEREBY  SUPERSEDED  BY
THIS SECTION IN RELATION TO THE CREATION OF PECONIC COUNTY.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative 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, be
published for 3 months previous to the time of such election.

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