BILL NUMBER: S2109
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the county law, in relation to establishing a procedure
for the creation of new counties
 
PURPOSE:
Establishes a procedure for the creation of new counties.
 
SUMMARY OF PROVISIONS:
Section 1. Legislative Findings
Section 2. The county law is amended by adding a new article 1-a,
"Creation of New Counties".
Section 3. Severability Clause
Section 4. Sets forth an effective immediately
 
JUSTIFICATION:
State government has an interest in ensuring 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 7379) 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 coun-
ties have been created by a haphazard, ad hoc process without any
uniformity. Because of the lack of such uniformity, 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.
This legislation is carefully crafted to provide a process to create a
new county when it would result in more efficient and effective govern-
ment. It is sensitive to the home rule interests of the residents who
would be governed by the new county. In particular, the process set
forth in this legislation would ensure that voters in the proposed coun-
ty have the necessary information to make an informed and educated deci-
sion on the issue of the creation of a new county.
It provides 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 legis-
lation 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.
Further, this legislation also takes into consideration the fiscal
impacts on taxpayers in both the current county and the proposed new
county. The review of such information by the state comptroller will
provide votes with objective information on the financial feasibility of
a proposed new county by an independent professional with no interest in
the outcome of a new county proceeding.
Other miscellaneous provisions and a severability clause are also
included in this legislation.
 
LEGISLATIVE HISTORY:
2022 S.5867/A.6524; 2020 S.4895/S.7001; 2018 S.3831/A.3139; 2016
S.4443/A.6346.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.