Assembly Bill A2184

                            
                    S T A T E   O F   N E W   Y O R K
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                                  2184

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Local Governments

            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  Senate 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.
                                                           LBD89044-01-9

              

A. 2184                             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 Senate 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.