S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4985                                                  A. 7001
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Local Governments

 AN ACT to amend the county law, in relation to establishing a  procedure
   for the creation of new counties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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 proce-
 dures 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  govern-
 ments,  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.
              

                                                            LBD03206-01-9

 S. 4985                             2                            A. 7001
 
         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.

 S. 4985                             3                            A. 7001
 
   6.  EACH  SIGNATURE PAGE SHALL BE PREFACED BY A STATEMENT OF THE PETI-
 TIONERS' 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 MEET-
 ING 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 PRESUMP-
 TIVELY VALID IF IT IS IN THE PROPER FORM AND APPEARS TO BEAR THE  REQUI-
 SITE  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 PURSU-
 ANT TO PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION TWELVE OF THIS ARTI-
 CLE, 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 JUDI-
 CIAL REVIEW, AS PROVIDED FOR IN ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
 TICE LAW AND RULES,  EXCEPT  THAT  IT  MUST  BE  INSTITUTED  AS  THEREIN
 PROVIDED  WITHIN  THIRTY DAYS AFTER THE FILING OF DETERMINATION PURSUANT

 S. 4985                             4                            A. 7001
 
 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  CREAT-
 ING 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 FOLLOW-
 ING 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 TERRI-
 TORY 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  COUN-
 TY.
   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 GOVERN-
 MENTAL 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

 S. 4985                             5                            A. 7001
 
 PROPERTY,  BOOKS, RECORDS, EMPLOYEES, THE AUTHORITY TO ENTER INTO AGREE-
 MENTS, 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 TRAN-
 SITION  EXPENSES  OF THE NEW COUNTY, UNLESS THE AFFECTED COUNTIES OTHER-
 WISE 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 CONSIDER-
 ATION.
   § 17. ASSUMPTION OF DEBT. 1. EXCEPT AS MAY BE PROVIDED IN AN AGREEMENT
 BETWEEN THE AFFECTED COUNTIES, AS AUTHORIZED BY SUBDIVISION TWO OF  THIS
 SECTION,  ANY  INDEBTEDNESS,  OR LIABILITIES, OR INTEREST THEREON ATTRI-
 BUTED TO THE PRE-EXISTING COUNTY, SHALL BE A CHARGE UPON  AND  SHALL  BE
 PAID  BY  EACH  COUNTY  AS THE SAME SHALL BECOME DUE AND PAYABLE, IN THE
 SAME PROPORTION TO THE WHOLE OF ANY  SUCH  INDEBTEDNESS,  LIABILITY,  OR
 INTEREST  AS  EACH  AFFECTED COUNTY'S TAX CONTRIBUTION.   NOTHING HEREIN
 SHALL PRECLUDE THE NEW COUNTY FROM PAYING  IN  FULL  ITS  PROPORTION  OF
 INDEBTEDNESS  AND  LIABILITIES.  IN  THE CASE OF LIABILITIES RELATING TO
 EMPLOYEE COLLECTIVE BARGAINING AGREEMENTS  AND  RETIREMENT  OBLIGATIONS,
 THE  NEW  COUNTY SHALL NOT BE BOUND BY SAID AGREEMENTS AND SHALL ONLY BE
 RESPONSIBLE FOR LIABILITIES SUCH AS ACCUMULATED  VACATION,  SICK  LEAVE,
 AND RETIREMENT COSTS FOR THOSE EMPLOYEES ACTUALLY TRANSFERRED TO THE NEW
 COUNTY. THE NEW COUNTY SHALL NOT HAVE RESPONSIBILITY FOR THE LIABILITIES
 AND INDEBTEDNESS FOR ANY EXISTING SPECIAL DISTRICT OR SPECIAL FUND WHERE
 THE  NEW  COUNTY  IS  NOT PART OF SAID SPECIAL DISTRICT OR BENEFITTED BY
 SAID SPECIAL FUND. A NEW COUNTY SHALL NOT HAVE  ANY  OTHER  CONTRIBUTION
 FOR INDEBTEDNESS OR LIABILITIES EXCEPT AS PROVIDED BY THIS SECTION.
   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 TO THE PROPORTIONS, IF ANY, OF
 THE VARIOUS TYPES OF INDEBTEDNESS, CONTRACT, OR OTHER  LIABILITIES,  AND
 INTEREST THEREON, IF ANY, THE AFFECTED COUNTIES WILL ASSUME AND AGREE TO
 PAY. SUCH PROPORTIONS MAY BE BASED ON ANY EQUITABLE BASIS.
   3.  (A)  THE TERM "TAX CONTRIBUTION" SHALL MEAN EACH COUNTY'S CONTRIB-
 UTION TO THE GENERAL FUND OF THE  PRE-EXISTING  COUNTY  BASED  UPON  ITS
 CONTRIBUTION  OF  SALES TAX, IF ANY, AND REAL PROPERTY TAX. SAID PROPOR-
 TION SHALL INITIALLY BE BASED UPON THE FINDINGS OF THE FEASIBILITY STUDY
 PREPARED  PURSUANT  TO  SECTION  ELEVEN  OF  THIS  ARTICLE.  THE   FINAL

 S. 4985                             6                            A. 7001
 
 PROPORTIONS SHALL BE ADJUSTED AFTER THE NEW COUNTY'S FIRST COMPLETE YEAR
 OF  OPERATION  UTILIZING  ACTUAL  SALES TAX REVENUE COLLECTIONS FOR SAID
 YEAR, AND THE REAL PROPERTY TAX LEVY FOR THE LAST FULL YEAR OF THE UNDI-
 VIDED EXISTING COUNTY.
   (B)  THE TERM "INDEBTEDNESS" AND "CONTRACT OR OTHER LIABILITIES" SHALL
 NOT INCLUDE LIABILITIES UNDER COLLECTIVE BARGAINING AGREEMENTS,  INDEBT-
 EDNESS  EVIDENCED  BY  (I)  TAX ANTICIPATION NOTES, REVENUE ANTICIPATION
 NOTES, OR BUDGET NOTES, OR (II) EVIDENCED BY  SERIAL  BONDS  OR  CAPITAL
 NOTES  HAVING  A  MAXIMUM  MATURITY  OF LESS THAN THREE YEARS WHICH WERE
 ISSUED OR ARE TO BE ISSUED TO FINANCE AN OBJECT OR PURPOSE OTHER THAN  A
 CAPITAL  IMPROVEMENT,  OR  OTHER  THAN  THE ACQUISITION OF EQUIPMENT FOR
 WHICH THE PERIOD OF PROBABLE USEFULNESS IS PROVIDED IN  PARAGRAPH  A  OF
 SECTION 11.00 OF THE LOCAL FINANCE LAW.
   §  18.  MISCELLANEOUS  PROVISIONS.  1.  ALL PROVISIONS OF THIS CHAPTER
 SHALL GOVERN THE OPERATION OF COUNTIES CREATED PURSUANT TO THIS ARTICLE,
 PROVIDED HOWEVER, THAT NOTHING THEREIN SHALL PRECLUDE  THE  ELECTION  OF
 ALTERNATIVE  FORMS  OR THE CHARTER FORM OF COUNTY GOVERNMENT AS PROVIDED
 BY LAW.
   2. ALL SPECIAL ACTS AND PARTS OF SPECIAL ACTS RELATING TO THE  PRE-EX-
 ISTING COUNTY AND IN FORCE THEREIN ON THE DATE THE NEW COUNTY IS CREATED
 AND NOT INCONSISTENT WITH THIS ARTICLE, SHALL CONTINUE IN FULL FORCE AND
 EFFECT  IN  THE  AFFECTED COUNTIES, AS THOUGH THE NEW COUNTY HAD BEEN IN
 EXISTENCE AT THE TIME OF PASSAGE OF SAID ACTS AND AS THOUGH THE NAME  OF
 THE  NEW COUNTY HAD APPEARED IN SAID ACTS AND PARTS OF ACTS, EXCEPT THAT
 ANY CHARTER LAW ADOPTED BY THE STATE LEGISLATURE SHALL NOT BE APPLICABLE
 TO THE NEW COUNTY.
   3. EMPLOYEES TRANSFERRED WHEN A COUNTY IS  CREATED  PURSUANT  TO  THIS
 ARTICLE  SHALL  BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR QUALIFICA-
 TION AND SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATION  AND
 STATUS. ANY EMPLOYEE WHO AT THE TIME OF SUCH TRANSFER HAS A TEMPORARY OR
 PROVISIONAL  APPOINTMENT  SHALL BE TRANSFERRED SUBJECT TO THE SAME RIGHT
 OF REMOVAL EXAMINATION, OR TERMINATION AS THOUGH SUCH TRANSFER  HAD  NOT
 BEEN MADE.
   4. THE CREATION OF A NEW COUNTY SHALL NOT AFFECT THE BOUNDARIES OF ANY
 CONGRESSIONAL DISTRICT, SENATE DISTRICT, OR ASSEMBLY DISTRICT.
   5. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE AUTHORITY OF THE LEGIS-
 LATURE  TO  CREATE  COUNTIES  OR OTHER LOCAL GOVERNMENTS PURSUANT TO THE
 STATE CONSTITUTION.
   6. DURING THE TRANSITION PERIOD PROVIDED  FOR  IN  THIS  ARTICLE,  ALL
 LOCAL  LAWS, ORDINANCES, RULES, OR REGULATIONS OF THE PRE-EXISTING UNDI-
 VIDED COUNTY SHALL REMAIN IN FULL FORCE AND  EFFECT.  SAID  LOCAL  LAWS,
 ORDINANCES, RULES, AND REGULATIONS MAY BE FURTHER EXTENDED BY THE INTER-
 IM  BOARD  OF  SUPERVISORS FOR A PERIOD NOT TO EXCEED ONE YEAR AFTER THE
 END OF SAID TRANSITION PERIOD.
   7. DURING THE TRANSITION PERIOD, THE EXISTING COUNTY SHALL CONTINUE TO
 RENDER TO AND PERFORM ALL THOSE FUNCTIONS AND SERVICES WHICH IT RENDERED
 AND PERFORMED UPON THE DATE OF THE FILING OF THE PETITION WITH THE STATE
 BOARD OF ELECTIONS, UNLESS OTHERWISE AGREED TO BY THE AFFECTED COUNTIES.
   § 3. Severability. If any clause,  sentence,  paragraph,  section,  or
 part  of this act shall be adjudged by a court of competent jurisdiction
 to be invalid, such judgment shall not affect, impair, or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 paragraph, section, or part thereof, directly involved in the controver-
 sy in which such judgment shall have been rendered.
   § 4. This act shall take effect immediately.