Suffolk County, NY Attachment CA Charter Uncodified Local Law Provisions

§ CA-1 Local Law No. 27-1979 also provided as follows.

Section 1. Legislative findings.

The Suffolk County Legislature, by approving Resolution No. 362-1976, recognized the findings and recommendations of its special Budgetary and Expenditure Review Committee and established a legislative analytical unit, identified as the "Budget Review Unit" to investigate ways and means of improving the Legislature's approach to policy determination, including governmental accountability to the Legislature. Its primary purpose was to provide budget analysis, appraisal of proposed county operations and to review the effectiveness of existing county programs.

The Suffolk County Legislature, after 2 1/2 years' experience with a professionally staffed legislative oversight unit, now desires to maintain, yet modify and improve, the existing unit so as to reach legislative intent, thereby formally improving accountability in Suffolk County government.

Section 2. Legislative declaration.

It is hereby determined that given separate branches of Suffolk County Government, it is in the interests of democracy and economy for the County Legislature to have the capacity to conduct objective policy studies, budget and financial reviews, program and department performance evaluations and to prepare legislation independent of, as well as in cooperation with, the Executive Branch. Also, it is determined that the County Legislature requires a formally recognized office which is separate from and not dependent upon the approval and resources of the Executive and Executive Branch Departments. It is further determined that the best interest of the people of Suffolk County is served when the Suffolk County Legislature as a whole is assisted by a professional analytical staff. Furthermore, it is determined that the effectiveness of the existing Legislative Budget Review Unit, established by resolution, will be improved by enacting this local law, which will institutionalize the unit in the charter as an office as well as inform executive departments of their legal obligation to ensure unobstructed access of the legislative staff to department information and personnel.

The Suffolk County Legislature finds that the interests of legislative responsibility and authority will be better served by the enactment of the following provisions of local law.

Section 4. Resolution No. 362-1976, as amended, is hereby repealed, and the existing staff and budget of the Budget Review Unit is hereby continued in the Office of Legislative Budget Review.

§ CA-2 Local Law No. 38-1981 also provided as follows.

Section 1. Legislature findings.

The Suffolk County Legislature, by approving Local Law No. 27 of 1979, recognized the necessity for establishing a legislative analytical unit to investigate ways and means of improving the Legislature's approach to policy determination. Its primary purpose is to provide budget analysis, appraise proposed county operations and review the effectiveness of county programs. The Office of Legislative Budget Review is nonpartisan in nature. Its director and employees are prohibited from participating in partisan political activities. To ensure the political independence of the office, it is highly desireable to extend the term of the Director of Budget Review to four years. This extended term will provide continuity of service of the Director of Budget Review and provide a high degree of insulation from political and partisan pressures. The appointment of the Director of Budget Review will as a consequence not be affected by possible biennial changes in the legislative composition.

Section 2. Legislative declaration.

It is determined that the effectiveness of the existing Budget Review Office will be enhanced by the extension of the term of the Director of Budget Review to four years. This action will serve to further guarantee and assure the insulation of the Budget Review Office from partisan political affairs.

The terms "expense budget" and "tax rate" as used in § C4-12A were defined by L.L. No. 29-1986 as follows:

EXPENSE BUDGET — All expenditures and all revenues except outlays of federal and state grants or aid, receipts of federal or state grants or aid, outlays by the County of Suffolk for goods or services statutorily required by the state or federal government and outlays used for repayment of all required debt service. "Outlays for goods or services statutorily required by the state or federal government" shall not mean the cost to deliver statutorily required goods or services if the pertinent state or federal statute does not mandate a specific level, quantity or degree of goods or services to be provided by the County of Suffolk. Increases in expenditures required by the Governmental Accounting Standards Board through its generally accepted accounting principles for governmental units shall be deemed outlays by the County of Suffolk for goods or services statutorily required by the state or federal government. The budgetary impact of such increases in expenditures required by the Governmental Accounting Standards Board shall be verified by the certified independent auditors of the County of Suffolk on an annual basis.

[Amended 5-23-1989 by L.L. No. 38-1989]

TAX RATE — The rate resulting from dividing the total county tax levy by the aggregate full equalized valuation of the 10 towns located within the County of Suffolk. This rate shall automatically include any amount of tax levy raised which is attributable solely to an increase in the average full valuation of taxable real estate in Suffolk County as determined by taking the assessed valuation of taxable real estate on the last completed assessment rolls and applying thereto the ratio which such assessed valuation hears to the full valuation as determined by the state agency or officer authorized to make such determinations, which amount shall not be calculated to increase the tax rate from one year to the next.

§ CA-3 Local Law No. 27-1989 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that recent tax hikes in the county's real property taxes have created a public demand for a cutback of county real property taxes that goes beyond a four-percent tax levy cap.

This Legislature further finds and determines that real property tax increases arising out of the implementation of the 1989 county operating budget range from 39% in the west end of Suffolk County to 161% in the east end of Suffolk County; that these unacceptable tax increases threaten the economic vitality of this county because of the inability of county taxpayers to absorb such costs in addition to the tax hikes of other levels of government; that real estate values are threatened by these tax hikes as evidenced by multiple efforts to sell homes in an already saturated real estate market; that the ability to finance additional public services from the existing real property tax base in Suffolk County is increasingly difficult; that senior citizens are being driven from their homes by such tax increases; that first-time buyers and young couples are being shut out of the real estate market by such tax increases; that economic growth is threatened by such tax hikes; and that a state of fiscal crisis and financial emergency exists in the County of Suffolk as a result of these county property tax increases coupled with the tax increases of other municipalities.

This Legislature also finds and determines that a Charter Law to establish a Consolidated Tax Levy Cap for the County of Suffolk, colloquially known as "Proposition 13," if approved by the electorate on November 7, 1989, will limit future discretionary county real property tax increases as measured against a baseline tax figure calculated for fiscal year 1990.

Therefore, the purpose of this law is to impose a one-year reduction in county real property tax levies attributable to the discretionary portion of the county operating budget so as to generate further downward pressure on overall property taxes which, in turn, should drive county real property taxes back to a level which is more consistent with the affordability of county taxpayers, independent of any property tax increases or decreases that may arise as a result of state, federal, town, school district, special district or village actions. The purpose of this law is also to establish a model for emulation by other taxing jurisdictions located within the County of Suffolk so that the cumulative effect of limiting real property tax levies at all levels of government will be to drive overall real property tax burdens down to an affordable level.

Section 3. Applicability.

A. This law shall apply to the county's operating budget submitted on or after the effective date of this law for fiscal year 1990. The 1989-1990 expense budget for the Suffolk County Community College shall be treated as a part of the overall county expense budget for 1990 only for the purpose of compliance with the provisions of this law. Budgetary actions may be taken in the 1989-1990 expense budget for the Suffolk County Community College if necessary to effectuate the tax levy cutback required by this law.

B. For the purposes of complying with this law and other county laws, the County Executive shall, simultaneously with the submission of the proposed 1990 expense budget and in addition to any other requirement imposed by the County Charter, local law or State Law, submit an operating budget that calculates a mandated and nonmandated or discretionary tax levy for the General Fund and Police District Fund or any captive service fund (nursing, self-insurance and interdepartment operation and service). For the purpose of this law, the nonmandated or discretionary tax levy shall mean the expense budget tax levy. The required methodology for the calculation of the mandated and nonmandated portions of the budget shall be as follows:

(1) Mandated expenditures shall first be reduced by offsetting programmatic revenues, including, but not limited to, federal and state aid, departmental income and associated departmental interest earnings. The resultant figure shall be the net mandated appropriations.

(2) Nonmandated or discretionary expenditures shall first be reduced by offsetting programmatic revenues, including, but not limited to, federal and state aid, departmental income and associated departmental interest earnings. The resultant figure shall be the net nonmandated or discretionary appropriations.

(3) The total revenues generated locally from nonprogrammatic sources, including, but not limited to, sales tax, OTB, legal recoveries and nonassociated interest income shall be allocated to the mandated/nonmandated tax-levy based upon the proportion of net mandated appropriations to net nonmandated or discretionary appropriations.

(4) For the purpose of determining mandated expenses for the 1990 operating budget, the County Executive shall be limited to the following list approved by the County Executive and by resolution of the Suffolk County Legislature appended hereto as Schedule A.

C. This law shall be fully implemented regardless of whether a consolidated tax levy cap for Suffolk County incorporated into either Introductory Resolution No. 1202-89 or No. 1203-89, is adopted by the county and approved by the electorate.

§ CA-4 Local Law No. 38-1989 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that enactment of L.L. No. 21-1983, approved by the electorate by a margin of 54% to 46%, established a four-percent limit on increases for discretionary county expenditures in the annual county operating budget, subject to piercing of such limit by an affirmative vote of 14 members of the County Legislature for explicit budgetary purposes.

This Legislature also finds and determines that L.L. No. 29-1986 (see § C4-12), approved by the electorate by a margin of 60% to 34%, established a ceiling on increases for the blended Suffolk County tax rate for general county and police district purposes in the annual county operating budget, subject to a piercing of such limit by an affirmative vote of 14 members of the County Legislature for explicit budgetary purposes.

This Legislature further finds and determines that, although these two voter-approved caps have been successful in restraining general overall growth of county expenditures and county tax rates for discretionary countywide tax purposes, the recent budgetary process, accompanied by the highest property tax increase in the history of the County of Suffolk, ranging from 40% in the western end to 160% in the eastern end, has exposed one potential weakness in the arsenal of county laws designed to protect taxpayers of this county against exorbitant tax increases, viz., the lack of a ceiling on the direct tax levy actually paid by county taxpayers.

Therefore, the purpose of this law is to block this potential loophole in the county's arsenal of tax restraint and tax limitation by placing a similar four-percent limit on the rate of increase in actual countywide tax payments made for discretionary general county and police district purposes.

Section 3. Applicability.

A. This law shall apply to all expense budgets filed on or after the effective date of this law. Every such expense budget shall simultaneously comply with the cap imposed by L.L. No. 21-1983, the cap imposed by L.L. No. 29-1986 and the cap imposed by this law.

B. The Legislative Office of Budget Review and the Budget Office of the County Executive shall meet no later than March 15 of each year to develop written schedules of mandated and nonmandated portions of the county's expense budget for use in the Community College and county expense budgets presented immediately subsequent thereto, subject to the right of the County Legislature to modify such determinations via duly enacted resolution, either with the approval of such resolution by the County Executive or by override of an Executive veto of such resolution by an affirmative vote of at least 2/3 of the entire membership of the County Legislature.

C. The County Legislature may, upon the affirmative vote of at least 3/4 of the entire membership of the County Legislature, reclassify an item in the expense budget as mandatory or nonmandatory.

D. Any resolution which requires the affirmative vote of at least 3/4 of the entire membership of the County Legislature under this law, L.L. No. 21-1983 or L.L. No. 29-1986 may, if vetoed by the County Executive, be overridden only by an affirmative vote of at least 3/4 of the entire membership of the County Legislature.

Section 6. Form of proposition.

The proposition to be submitted at the general election, pursuant to Section 7 of this law, shall be in the following form:

"Shall Resolution No. 455 — 1989, Adopting a Charter Law to Impose a Ceiling on Actual County Real Property Taxes Collected for General Fund and Police District Purposes Each Year, Equal to the Greater of 4% or the Rise in the GNP Price Deflator for the Previous Fiscal Year, Unless a Larger Increase is Adopted by a Vote of 3/4 of the County Legislature, Be Approved?"

Section 7. Effective date.

This law shall not take effect until the first day of the first fiscal year after its approval by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of § 34 of the New York Municipal Home Rule Law. After approval by the electorate, this law, as well as any other law converted into a mandatory referendum pursuant to § 34, Subdivision 4, of the New York Municipal Home Rule Law, by a vote of the County Legislature, may only be amended, modified, repealed or altered by enactment of an appropriate Charter law subject to mandatory referendum in accordance with prevailing law. In the event that there are other propositions that contain similar, substantially the same, conflicting or overlapping provisions as pertains to this law, then the provisions of the law receiving the greatest number of affirmative votes shall prevail and control.

§ CA-5 Local Law No. 9-1990 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the establishment of criteria for appointments to the County Board of Trustees of Parks, Recreation and Conservation, via Local Law No. 15-1988, has contributed enormously to increasing the requirements for objectivity and demonstrated prior knowledge of and interest in parkland thereby serving to elevate the status of such appointments by upgrading the standards for such appointments.

This Legislature further finds and determines that additional strengthening of such criteria is necessary to ensure maximum independence for said Board by prohibiting appointments of individuals who are appointees of state or municipal government or employees of the County of Suffolk, the duties of which such appointments might conflict with appointment to the Board of Trustees of Parks, Recreation and Conservation.

Therefore, the purpose of this law is to refine eligibility criteria for appointments to the Board of Trustees of Parks, Recreation and Conservation so that it will truly be a Board composed of qualified, interested and dedicated citizen volunteers by disqualifying individuals who serve as appointees in state or local government or employees of the County of Suffolk from appointment to said Board.

Section 5. Applicability.

This law shall only apply to appointments or reappointments made on or after the effective date of this law.

§ CA-6 Local Law No. 11-1990 also provided as follows.

Section 1. Legislative intent.

Suffolk County government employs nearly 12,000 people. As an employer of this sizable work force, it is the county's responsibility to administer personnel policies, procedures and programs and to develop ways to make its employees more effective and productive. Good management practices demand that personnel-related functions be carried out effectively and efficiently.

At the present time, personnel-related functions are scattered throughout the various departments of county government with no one central agency responsible for overseeing and coordinating these important functions. The Legislature hereby finds that a consolidation of personnel-related functions will promote greater efficiency and effectiveness by ensuring that uniform and consistent procedures are being followed, by eliminating duplication of effort and by better meeting the needs of the county and its workers. Accordingly, the Legislature finds that personnel-related functions should be consolidated within the Department of Civil Service and that such Department be renamed the "Department of Human Resources and Civil Service."

The transfer of one such personnel function, that of the Suffolk County Safety Officer, requires legislative action to amend § 82-4 of the Suffolk County Code which places that function under the jurisdiction of the County Executive's Office. Since the duties of the Safety Officer are directly related to training and development and other personnel functions performed in the Civil Service Department, the Safety Officer should be transferred to the Human Resources and Civil Service Department to prevent duplication and allow for cross-utilization of staff.

Accordingly, it is the intent of this Legislature to consolidate personnel-related functions in the Department of Human Resources and Civil Service and to transfer the functions of the Safety Officer from the County Executive's Office to the Department of Human Resources and Civil Service.

§ CA-7 Local Law No. 17-1990 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the proposed operating budget submitted by the County Executive for 1990 contains proposed changes and reallocations of county personnel, often making it difficult for both the Executive and Legislative branches to amend the proposed operating budget in an informed manner because the identification of filled and vacant positions is not supplied on a current basis.

Therefore, the purpose of this law is to require the County Executive, in submitting his or her annual operating budget, to simultaneously identify those positions of employment which are filled and those which are vacant and further identify which positions are being held for employees who have rights back to them.

Section 3. Applicability.

This law will apply to all operating budgets submitted on or after the effective date of this resolution.

§ CA-8 Local Law No. 18-1990 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the responsibility for operating and maintaining a comprehensive system of records management and archival retention is performed and carried out by the office of County Clerk in most municipalities throughout the State of New York.

This Legislature further finds and determines that the current division of responsibility in Suffolk County between the Department of General Services and the County Clerk's office is less effective than it otherwise could he through the realignment of such functions in the County Clerk's office.

Therefore, the purpose of this law is to transfer the responsibility for operating and maintaining a comprehensive system of records management and archival retention of Suffolk County records from the County Department of General Services to the County Clerk's office.

Section 3. Transition provisions.

Any employees of the County Department of General Services, Division of Archives, who are employed in positions and duties which are substantially similar to those to be performed by the office of the County Clerk as a result of enactment of this law, shall be transferred to said office of the County Clerk, via appropriate resolution, to perform such duties and functions in said department which are substantially similar to those performed by them in the County Department of General Services, Division of Archives, subject to the provisions and rules of the New York Civil Service Law.

Section 4. Applicability.

This transfer of function shall be completed no later than December 31, 1990.

§ CA-9 Local Law No. 30-1990 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that incidents occurring during the county budgetary process in 1989 demonstrated a need for greater scrutiny and review of the closeout of completed county capital projects because such closeouts may free up non-real-property tax revenues which can be used to mitigate real property tax impacts for the taxpayers of Suffolk County.

This Legislature further finds and determines that a recommendation arising out of a report requested by the County Legislature pursuant to Resolution No. 938-1989 calls for the imposition of a requirement that the County Executive report the balance of funds existing in a separate reserve account to be established for the closeout of completed capital projects on an annual basis, together with existing balances not currently shown as open projects in the capital budget, so as to increase legislative scrutiny and departmental accountability over and for such funds.

Therefore, the purpose of this law is to impose an annual reporting requirement on the County Executive, simultaneously with the submission of the proposed capital program, regarding the status of any reserve accounts for closeout of completed capital projects.

Section 4. Applicability.

This law shall apply to all proposed capital programs submitted on or after the effective date of this law.

§ CA-10 Local Law No. 33-1990 also provided as follows.

This Legislature hereby finds and determines that the existing provisions of the Initiative and Referendum Law in Suffolk County subvert the original intent of that legislation to allow Suffolk County residents to write and enact their own amendments to the Suffolk County Charter.

This Legislature further finds that the procedural niceties and technicalities of that law create so many roadblocks as to impede the ability of the average citizen to effectuate such amendments through ballot box proposals.

Therefore, the purpose of this Charter Law is to streamline the initiative and referendum process so as to grant necessary rights and powers to average people within Suffolk County sufficient to allow them to become true "citizen-legislators" who can express the will of the people through direct participatory democracy. To this end, this law enacts the substance of the recommendations advanced by a 1986 Citizens' Task Force.

Section 4. Form of proposition.

The proposition to be submitted at the general election pursuant to Section 7 of this law shall be in the following form:

"Shall Resolution No. 234 — 1990, Adopting a Charter Law to Amend the Suffolk County Charter and Administrative Code to Streamline and Strengthen the Procedure for direct Citizen-Sponsored Legislative Initiatives Subject to Voter Approval, commencing January 1, 1991, be approved?"

Section 7. Effective date.

This law shall take effect on January 1, 1991, if it is approved by an affirmative vote of the qualified electors of the County of Suffolk voting upon a proposition for its approval at the next general election in conformity with the provisions of § 34 of the Municipal Home Rule Law.

§ CA-11 Local Law No. 4-1991 also provided as follows.

This Legislature hereby finds and determines that the county's operating budget process is in need of reform because additional financial data is required from the office of the County Executive to make the budget process more responsive to the needs of the County Legislature and the concerns of the taxpaying public.

This Legislature further finds and determines that, although the County Legislature fully discloses a detailed, line-by-line and item-by-item justification for the annual requests made for its internal operating budget, the County Executive's office has, for the past decade, declined to provide or disclose line-by-line, item-by-item details a to the justification for operating budget requests made by said office.

Therefore, the purpose of this law is to require the County Executive's office to fully disclose the details and justification for the items contained in the executive portion of the county's annual operating budget.

§ CA-12 Local Law No. 6-1991 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the utilization of the Council on Environmental Quality (CEQ) for the purpose of carrying out State Environmental Quality Review Act (SEQRA) obligations for the County of Suffolk has not been working as effectively as it should because of outside pressures and undue influences being exerted on said Council.

Therefore, the purpose of this law is to change the method of appointment of the members of the Council on Environmental Quality from executive appointments to legislative appointments so as to ensure greater diversity of opinion and to insulate said Council from the pressures that may emanate from the current appointment process.

Section 4. Applicability.

This law shall apply to all appointments made and all submissions initiated on or after the effective date of this law.

§ CA-13 Local Law No. 8-1991 also provided as follows.

Section 1. Legislative intent.

Pursuant to the State Highway Law, Article 6, the County of Suffolk is authorized to aid the towns with construction and maintenance of town roads and highways.

The cost of maintenance of such roads and highways, once completed, can be apportioned under state law by the County between it and the subject towns.

This Legislature finds that the County Commissioner of Public Works is authorized under the Suffolk County Charter, § C8-6, to contract with the towns to accomplish these improvements of town roads and highways.

This Legislature further finds and determines that the procedure to be followed under such contracts should be in accordance with the general directives of the State Highway law.

Accordingly, this Legislature finds that the Suffolk County Charter should he amended to provide that all contracts between the County and the town(s) for construction and/or improvements of town roads and highways must provide that, upon completion, the town(s) shall bear the costs to maintain them.

§ CA-14 Local Law No. 9-1991 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County Legislature is required by law to hold at least two public hearings on the proposed County operating budget no later than October 31 of each year after the proposed budget has been submitted to the County Legislature.

This Legislature also finds and determines that the County Executive is not required to hold similar annual hearings at which members of the public are able to comment upon the operating budget proposed for submission by the County Executive to the County Legislature.

This Legislature further finds and determines that the public hearings required to be held by the County Executive on departmental estimates and capital requests under § A4-2 of the Suffolk County Administrative Code occur at a time and in context which does not relate closely or directly to the actual budgetary proposals which affect the lives and well-being of county residents and taxpayers.

This Legislature further determines that the lack of such a requirement for executive public hearings on the proposed operating budget tends to insulate the County Executive from the real needs, concerns, and wishes of the people of Suffolk County and deflects all focus and attention regarding the budget exclusively on the County Legislature even though it is the County Executive and his or her budget office who is responsible for the preparation of the proposed county operating budget.

Therefore, the purpose of this law is to require the County Executive to hold two public hearings during August of each year on the proposed county operating budget to be submitted to the County Legislature.

§ CA-15 Local Law No. 14-1991 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Suffolk County is currently facing a budget deficit.

This widening budget gap is in part caused by increases in state mandated expenses and cuts in state aid.

This Legislature further finds that the county is not always recouping the costs of providing certain services, such as those incurred when providing advisory appraisals for towns.

Therefore, the purpose of this legislation is to adopt a measure aimed at reducing the existing budget deficit in Suffolk County.

§ CA-16 Local Law No. 31-1991 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Department of Public Works has been charged with the duty of performing functions concerning county property, including the supervision of the plans and specifications of county buildings, including all furnishings and equipment therefor.

This Legislature further finds and determines that, notwithstanding the above, pursuant to § C20-2G of the Suffolk County Charter, the Department of General Services is responsible for receiving all requests for county office and storage space, establish and apply standards and priorities and manage, assign and have jurisdiction over all present and future leased and owned facilities.

This Legislature further finds that this division has fragmented the administration of space management in the county, resulting in the separation of similar, interrelated and interdependent functions which would more properly rest within one department. A consolidation of these intertwined functions would bring about better coordination in space planning and in each phase of implementation of such plans. Additionally, a consolidation would result in more effective utilization of staff and equipment by allowing greater flexibility in the allocation of resources to meet county needs.

Accordingly, it is the intent of this law to transfer the functions of the Division of Space Management from the Department of General Services to the Department of Public Works, by repealing Charter § C20-2G and amending Charter § C8-2. Section 3, Compliance with State Civil Service Law.

Nothing in this law shall be construed to abridge the obligations of the Executive Branch to negotiate in good faith with its employees pursuant to the New York State Civil Service Law § 200 et seq.

Section 4. Transition provision.

A. Any position of employment within the Suffolk County Department of General Services, Division of Space Management, shall be transferred to the Suffolk County Department of Public Works, as of January 1, 1992.

B. Any position of employment within the Department of General Services, Division of Space Management, transferred via prior or subsequent resolution shall be transferred so as to retain the incumbent individual in said position of employment as the individual employed in that position by the department to which such position has been transferred.

Section 5. Transfer of records, property and equipment.

All records, property and equipment presently associated or utilized in connection with the powers, duties or functions which are assigned via this law shall be transferred to the Department of Public Works in a timely fashion.

§ CA-17 Local Law No. 35-1991 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that millions of dollars have been expended in recent years for outside consulting, technical and professional services which, in many cases, could have been provided through the use of full-time county employees at less cost to county taxpayers.

This Legislature further finds and determines that the county should maximize the value of services derived from county employees since resort to outside consulting services frequently increases costs to taxpayers by as much as 7% due to the need to use high-cost debt to fund such contracts for services.

This Legislature further finds and determines that the current requirements for fiscal impact statements for county legislation do not provide for adequate disclosure regarding cost comparison analyses between the use of county employees and outside consulting services as an alternative.

Therefore, the purpose of this law is to strengthen the provisions of the county's existing Fiscal Impact Statement Law, as well as those provisions dealing with capital budget analysis, so as to require a clear and explicit analysis of the difference in cost between utilization of contracting services and in-house provision of the same or similar services for all county legislation, including but not limited to amendments to the county operating budget and the capital budget and program.

Section 3. Applicability.

This law will apply to resolutions, Charter laws, local laws or any county legislation filed on or after the effective date of this law.

§ CA-18 Local Law No. 16-1992 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Suffolk County must streamline county government in order to reduce the current budget deficit. Streamlining shall be accomplished in part through cost-saving reorganizations of certain departments.

This Legislature further finds that the transfer of vector control from the Division of Public Health in the Department of Health Services to the Department of Public Works will allow for more effective utilization of county staff and equipment. This transfer provides for flexibility in the assignment of staff who are responsible for work loads which are either seasonal in nature or have periods of peak activities. Many of the job titles utilized in vector control are also utilized in the Department of Public Works; for example, Laborer and Auto Equipment Operator. Past practice has been that vector control has offered assistance to the Department of Public Works in terms of manpower and equipment during inclement weather, particularly in the case of snow removal.

This Legislature further finds that although the authority for the county to establish a vector control program is contained within the New York State Public Health Law, this law does not mandate that vector control activities be performed under the auspices of the local Health Department. However, in the event that an arthropod-borne disease is found to constitute a major public health threat, the Department of Health Services shall directly supervise vector control. Additionally, current reimbursement received under New York State Public Health Law for vector control functions will be maintained as the Department of Health Services will retain necessary responsibilities in this regard.

Accordingly, it is the intent of this law to transfer vector control to the Department of Public Works, by amending § A9-2A of the Administrative Code and §§ C8-2 and C8-4 of the Suffolk County Charter.

Section 3. Transition provisions.

A. Any reference to the Department of Health Services, Division of Vector Control or its Vector Control Superintendent in any other resolution, local law, Charter law, ordinance, rule or regulation of the County of Suffolk or in any state or federal law, rule or regulation shall be construed in the first instance as reference to the Department of Public Works and/or the Commissioner of the Department of Public Works or the Superintendent of Vector Control as the case may be.

B. Any positions of employment within the Department of Health Services, Division of Vector Control, not abolished via prior or subsequent resolution shall be transferred so as to retain the incumbent individual in said position of employment as the individual employed in that position by the Department to which such position has been transferred.

Section 4. Records, files, property and equipment.

All records, property and equipment presently associated with and utilized in connection with the powers, functions and duties which are assigned under this law to the Division of Vector Control shall be transferred to the Department of Public Works in a timely fashion.

§ CA-19 Local Law No. 2-1993 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that the county will run a revenue shortfall in 1993 because of depressed tax revenues and souring state and federally mandated costs.

This Legislature further finds and determines that funding to support the continuation of Suffolk County services at current levels is unavailable and that the county must reduce both size and cost of county government and services.

This Legislature further finds and determines that a Division of Human services in the County Executive's Office should be created to encompass the functions of the Department for the Aging, Veterans Service Agency, Youth Bureau/Children's Services, Handicapped Services and Woman's Services.

Therefore, the intent of this law is to amend the Charter to abolish the Department for the Aging and the Veterans Service Agency and to transfer those departments and functions to a newly created Division of Human Services in the County Executive's Office. Furthermore, the intent of this law is to amend the Administrative Code to reflect the consolidation and establishment of the Division of Human Services. Finally, this law will make certain technical corrections in the Charter to reflect past administrative and legislative actions.

Section 3. Transition provisions.

Any employees of the Department for the Aging, Veterans Service Agency, Youth Bureau/Children's Services, Handicapped Services and Women's Services shall be transferred to the Office of the County Executive in the appropriate divisions as described herein, via appropriate resolution, to perform such duties and functions in said divisions which are substantially similar to those to be performed by the Department for the Aging, veterans Service Agency, Youth Bureau/Children's Services, Handicapped Services and Women's Services, subject to the provisions and rules of the New York Civil Service Law.

§ CA-20 Local Law No. 3-1993 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the size and scope of county government have grown too large and costly as a result of the proliferation of departments and agencies whose functions, duties and responsibilities can be more economically and efficiently carried out under a streamlined and consolidated reorganization of county government.

This Legislature further finds and determines that utilizing the resources of the Department of Law to assist the Human Rights Commission with regard to legal and investigatory services will help reduce costs and foster the efficient and economic use of county services.

Accordingly, the purpose of this law is to authorize the County Attorney, pursuant to the provisions of §§ C16-1A and C16-2 of the Suffolk County Charter, to assist the Human Rights Commission with regard to legal and investigatory services.

§ CA-21 Local Law No. 25-1993 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Suffolk County Charter § C11-4 established the Fire, Rescue and Emergency Services Commission.

This Legislature further finds that when this Charter law was amended by Local Law No. 39-1988, a discrepancy in the number of Commission members was created.

Therefore, the purpose of this law is to correct the internal discrepancy which now exists within this Charter law.

§ CA-22 Local Law No. 27-1993 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that public dissatisfaction with elected officials holding office for extended periods of time has reached a fever pitch because of a public perception that elected officials are able to entrench themselves in public office at the taxpayers' expense.

This Legislature further finds and determines that the public believes that such elected officials become insulated and isolated from the needs and demands of their constituents, as recently expressed in referendums in the States of Oklahoma, Colorado and California and the cities of San Antonio, Texas, Jacksonville, Florida, Wichita, Kansas, Kansas City, Missouri, Cincinnati, Ohio and Houston, Texas, by their ability to use the perquisites of office in running for reelection.

This Legislature further finds and determines that referenda in 14 additional states ranging from Florida, Nebraska, Ohio, Arizona, Missouri, Michigan, North Dakota, Arkansas, California, Montana, Oregon, South Dakota and Washington to Wyoming were approved on November 3, 1992, for the purpose of imposing twelve-year term limits on members of the United States Congress, each by an overwhelming preponderance of the popular vote.

This Legislature also finds and determines that special interests are able to wield greater influence on the governmental process when there is no limit on the terms of office of elected officials because incentives are created for everyone to perpetuate the status quo; special relationships inimical to the interests of the public may develop; and elected officials become insulated from the true needs and wishes of the public.

Therefore, the purpose of this law is to prospectively impose a twelve-year limit on consecutive service by Suffolk County Legislators and a twelve-year limit on consecutive service by elected County-wide officials, all subject to public referendum, and thus reform county government by reducing or diminishing the influence of special interests on the governmental process.

Section 4. Applicability.

A. Section C2-5B of the Suffolk County Charter shall apply to the terms of office of County Legislators commencing in an even-numbered year on or after January 1, 1994.

B. Section C3-6C of the Suffolk County Charter shall apply to the term of office of County Executive commencing in an even-numbered year on or after January 1, 1996.

C. Section C5-1B of the Suffolk County Charter shall apply to the term of office of County Comptroller commencing in an odd-numbered year on or after January 1, 1995.

D. Section C15-1B of the Suffolk County Charter shall apply to the term of office of County Treasurer commencing in an even-numbered year on or after January 1, 1994.[1]

[1] Editor's Note: The position of County Treasurer was repealed 6-17-2014 by L.L. No. 32-2014, effective January 1, 2016.

E. Section C17-1B of the Suffolk County Charter shall apply to the term of office of County Sheriff commencing in an even-numbered year on or after January 1, 1994.

F. Section C18-1B of the Suffolk County Charter shall apply to the term of office of County Clerk commencing in an odd-numbered year on or after January 1, 1995.

G. Section C19-1B of the Suffolk County Charter shall apply to the term of office of County District Attorney commencing in an even-numbered year on or after January 1, 1994.

H. Service as a County Legislator or elected county official, as the case may be, on or after January 1, 1994, shall be calculated for the purpose of determining compliance with this law. This law shall not nullify the term of office of any County Legislator or elected county official currently holding office who has already served 12 consecutive years as a County Legislator or elected county official, as the case may be, as of January 1, 1994. If a County Legislator or elected county official reaches the limit of 12 consecutive years of service in office during a term of office, as measured from on or after January 1, 1994, then the office shall be deemed vacant as of the conclusion of the last day of December of the 12th consecutive year in which such individual has served.

Section 5. Exemptions.

This law shall not nullify the term of office of any County Legislator or elected county official currently holding office who has already served 12 consecutive years as a County Legislator or elected county official as of January 1, 1994.

Section 8. Form of proposition.

The proposition to be submitted at the general election pursuant to Section 9 of this law shall be in the following form:

"Shall Resolution No. 580-1993, Adopting a Charter Law to Restrict the Influence of Special Interests by Limiting Terms of Office of County Legislators and County-wide Elected Officials to 12 Successive Years, be approved?"

§ CA-23 Local Law No. 12-1994 also provided as follows.

Section 1. Legislative intent.

The purpose of this legislation is to formally adopt the Suffolk County Bird Sanctuary Management Plan, developed by the Division of Natural Resource Management, Suffolk County Department of Parks, as required by Local Law 5-1987 for the use and management of properties dedicated to county's Bird Sanctuary system.

§ CA-24 Local Law No. 14-1994 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Long Island economy still lags behind the rest of the nation because local costs continue to be higher than the national average due largely in part to the regulatory morass and paperwork requirements of state and local government.

This Legislature further finds and determines that employment for all of Long Island peaked in the second quarter of 1989 and that, although the number of jobs in Suffolk County started to increase modestly in the last quarter of 1992, the local economy continues to stagnate with unacceptably low economic growth; that property tax delinquencies are on the rise, having increased by $21,200,000 in 1991 and $29,600,000 in 1992; and that creative local initiatives are necessary to assist local businesses in order to stimulate the local economy.

This Legislature further finds and determines that increased paperwork requirements at every level of government, from village, town and county to the state and federal government, are strangling our local economy by tying up business enterprises in endless paper chases that generate much activity without productive economic results at great cost to business.

This Legislature also determines that the amount of paperwork generated internally by county departments, divisions, agencies and offices should be reduced so as to cut down on the number filings that are made by county employees, to reduce the number of memoranda and letters that are issued by county workers and to reduce the overall flow of paperwork generated within and between county agencies.

This Legislature also finds and determines that the 1991 goal of requiring at least 30% of all paper products purchased by the county to be recycled should be made more stringent by raising it to 35% so that the reduced paperwork burdens will maximize the use of reusable products in such a manner as to protect the fragile environment.

Therefore, the purpose of this law is to roll back the paperwork regulatory burden of Suffolk County by at least 10% by January 1, 1996; to limit new regulations to those determined to be cost effective; and to encourage the greater use of recycled paper products by the County of Suffolk thereby establishing a model for emulation by other local governments and by the state and federal government.

Section 4. Applicability.

This law shall apply to the volume of forms used by the county after January 1, 1996, and to regulations issued on or after January 1, 1995. This will apply to recycled paper products purchased on or after January 1, 1995.

Section 5. Exemptions.

A. This law shall not apply to forms explicitly required by a specific federal or state statute or federal or state regulation that prescribes or directs the exact size, volume and format of such form.

B. This law shall not apply to regulations that are explicitly required by a federal or state statute or specific federal or state regulation that prescribes or directs the exact regulations to be issued.

C. "Regulations" shall not be construed to mean any resolution or local law adopted by the County of Suffolk nor the provisions of the Suffolk County Sanitary Code.

Section 8. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if, within 60 days after its adoption, there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-25 Local Law No. 20-1994 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that recent disclosures before various committees of the County Legislature reveal a lack of any coordinated countywide effort to encourage, enhance and promote the use of local businesses that might otherwise qualify for county contracts under Local Law Nos. 4-1993 and 5-1993, each of which was designed to promote local economic activity through the award of municipal contracts on the basis of local preference.

This Legislature further finds and determines that a coordinated, concerted effort is required at the departmental level to make potential county contract vendors aware of contracts for goods, services, materials, supplies or public works that may be awarded by the county so as to promote the use of local businesses as county contractors and encourage increased economic activity on Long Island by putting county tax dollars to work at home.

Therefore, the purpose of this law is to establish a policy for Suffolk County to make a coordinated concerted effort among all its departments to notify potential contract vendors of opportunities to bid on Suffolk County contracts.

Section 3. Implementing provisions.

A. Every county department, agency, division or office shall inform the County Department of Economic Development, in writing, by FAX or by computer-generated transmission of any contract for consulting services under § A4-13 of the Suffolk County Administrative Code or of any contract for any purchase of supplies, materials, equipment; or for the construction of public works under § A4-14 of the Suffolk County Administrative Code, whether by competitive bid, by the request for proposal (RFP) process, or by the request for quotes (RFQ) process.

B. The County Department of Economic Development shall increase coverage of local businesses as potential bidders through the utilization of an improved contact list, as follows:

1. In coordination with other county departments, agencies, offices or divisions, a survey of all businesses and industries in Suffolk County shall be conducted by the County Department of Economic Development, including an inquiry as to their interest in pursuing government contracts;

2. Participating county departments, agencies, offices and divisions, designated by the Commissioner of the County Department of Economic Development, shall conduct the mailings, utilizing this improved list; and

3. To enhance the participation of the business community in county RFP's and bids, informational seminars on the procedures shall be conducted by the County Department of Economic Development in cooperation with the involved county departments, agencies, offices and divisions.

C. If a local business finds itself unqualified as a bidder, it may be provided guidance and services to secure qualification for future bid opportunities upon request. This prequalification assistance shall be obtained through the Procurement Technical Assistance Program (PTAP), which is operated by the Long Island Development Corporation (LIDC) as a service to business and industry in both Suffolk and Nassau Counties.

D. Educational forums explaining RFP and bid procedures shall be conducted by the County Department of Economic Development and coordinated with the WBE and MBE groups. Other related seminars and written information distributed by various agencies and business organizations shall be included in this educational process.

Section 4. Applicability.

This law shall apply to any contracts to be let for bid, either through an RFP or RFQ process, on or after the effective date of this law.

§ CA-26 Local Law No. 23-1994 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the capital budget process needs to be reformed by the establishment of a formal debt policy that will prevent the use of capital debt to pay for county operating expenses.

This Legislature also finds and determines that the county's current fiscal problems are partially the result of the issuance of too much debt without the benefit of a formal county debt-service policy.

This Legislature also finds that these fiscal concerns must be addressed by concrete Legislative action to reassure the financial community that the county is prepared to take serious action to place its financial house in order and to restore prudent fiscal management to the issuance of Suffolk County's debt.

This legislature also determines that, in order to ensure and maintain the continuation of a strong credit rating, a formal debt policy stopping the capitalization of county operating expenses must be established.

This Legislature determines that the capital budget process should be an effective fiscal planning tool; that, according to the Legislative Office of Budget Review, approximately 20% of a given year's capital borrowing is used to pay for recurring expenses which, if paid from the operating budget, would save the county millions of dollars per year in interest costs; that the short-term incentive for funding these projects by issuing debt instruments is to put these payments off to future year operating budgets; that this trend should be reversed; that recurring expenses should not be bonded; and that the phase-out of bonding recurring expenses should commence in 1995.

Therefore, the purpose of this law is to make the capital program and budget approval and appropriation process more meaningful and more responsive to the needs of the public and its ability to accommodate increased future debt service payments by stopping debt service payments for county operating expenses.

Section 2. Definitions.

OBLIGATIONS

Serial bonds, sinking fund bonds and bond anticipation notes.

RECURRING EXPENSES

Those expenses that are in the nature of repair and maintenance and do not significantly increase the useful life of an asset, including but not limited to any dredging project that has an aggregate cost (measured by individual project site) of $100,000 or less; road and equipment repair; roof replacements; and equipment purchases which, although they do not occur in the same location or department each year, are costs that are incurred on an annual basis whose per item price is $5,000 or less; the aggregate cost of which is less than $25,000; and whose useful life is five years or fewer. In the past, such items have included computers, nine-millimeter semiautomatic handguns and soft body armor vests, for example.

[Amended 6-11-1996 by L.L. No. 17-1996; 2-11-1997 by L.L. No. 9-1997]

Section 5. Applicability.

This law shall apply to any actions taken on the capital budget and/or program on or after the effective date of this law.

Section 8. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-27 Local Law 8-1995 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the power to amend the Suffolk County Operating Budget in a manner consistent and compatible with the needs of the people of this county and the ability to respond to the vicissitudes of day-to-day governmental operations requires legislative input and direct involvement.

Therefore, the purpose of this law is to amend the Suffolk County Charter so as to authorize legislative initiation of amendments to the annual Suffolk County Operating Budget on a quarterly basis.

Section 5. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-28 Local Law No. 14-1995 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the size and scope of county government has grown too large and costly as a result of the proliferation of departments and agencies whose functions, duties and responsibilities could be more economically and efficiently carried out under a streamlined and consolidated reorganization of county government.

This Legislature further finds that the abolition of the County Department of General Services, coupled with a corresponding transfer of its functions, duties and responsibilities to appropriate county departments and agencies, through a consolidation of functions would reduce the cost of county government.

Therefore, the purpose of this law is to reorganize and transfer the functions of the County Department of General Services into the County Department of Audit and Control, the County Department of Human Resources and Civil Service and the County Department of Public Works.

Section 4. Transition provisions.

A. Any reference to the County Department of General Services or its Commissioner in any other resolution, local law, Charter law, ordinance, rule or regulation of the County of Suffolk or in any state or federal law, rule or regulation, shall be construed in the first instance as reference to the County Department of Audit and Control and as reference to the County Department of Human Resources and Civil Service in the case of telecommunications services, data processing systems and services and office systems and services, as the case may be, and/or the Personnel Officer, as the case may be, anything in any other laws or regulations to the contrary notwithstanding.

B. Any positions of employment within the Suffolk County Department of General Services shall be abolished and/or transferred, as the case may be, via appropriate resolution, as of January 1, 1995. Any positions of employment within the Suffolk County Department of General Services, transferred via prior or subsequent appropriate resolution, shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the Department or Agency to which such position has been transferred by resolution.

C. Any reference to the County Department of General Services in any chapter of the Suffolk County Code shall be construed as reference to the County Department of Audit and Control and/or the County Department of Human Resources and Civil Service, in the case of telecommunications services, data processing systems and services and office systems and services, and any reference in said Code to the Commissioner of said Department shall be construed to mean the County Comptroller and/or the Personnel Officer, as the case may be.

D. All county departments shall cooperate fully with the Comptroller, or his or her designee, in all phases of implementing the provisions of Subsections Q through V of § C5-2 of the Suffolk County Charter.

Section 5. Transfer of records, property and equipment.

All records, property and equipment presently associated with and utilized in connection with the powers, functions and duties to be assigned under this law shall be transferred to the pertinent department in a timely fashion.

Section 8. Applicability.

This law shall apply to all actions and transactions occurring on or after January 1, 1995.

Section 9. Effective date.

This law shall not take effect until at least 60 days after its adoption nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-29 Local Law No. 26-1995 also provided as follows.

Section 1. Legislative intent.

This Legislature finds that in the interest of sound financial management, the Treasurer should be added to the membership of the Joint Audit Committee.[1]

[1] Editor's Note: The position of County Treasurer was repealed 6-17-2014 by L.L. No. 32-2014, effective January 1, 2016.

§ CA-30 Local Law No. 29-1995 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the interrelationship between the Tax Expenditure Cap, Tax Rate Levy Cap and the Tax Levy Cap, each of which has been approved by the electorate as Local Law Nos. 21-1983, 29-1986 and 38-1989, respectively, together with the Fund Balance Law (Local Law No. 28-1991), colloquially referred to as the "Kurtter Law," has changed the focus of budget deliberations and debate from the allocation of resources to advanced mathematics because of each of the caps may be interpreted differently or may now have slightly conflicting or overlapping effects.

This Legislature further finds and determines that such tax and spending cap legislation does serve a useful public purpose by acting as a deterrent and a restraint on excessive spending or excessive taxing policies when fully implemented on a readily understandable and comprehensive basis.

This Legislature also finds and determines that the imposition of a single, across-the-board stringent tax levy and expenditure cap, coupled with rational reserve fund limitations, instead of the restrictions contained in Local Law No. 28-1991, will best serve the purposes of tax restraint and tax limitation in Suffolk County.

This Legislature also finds and determines that the County Executive recommended, on February 4, 1992, that "I am proposing that the operating budget be adopted in a manner that segregates the nonmandated portion from the portion that is required by state and federal mandates."

Therefore, the purpose of this law is to establish a simplified and unified limitation on county taxes and county spending, coupled with a delineation between mandated and discretionary county expenditures and the level of real property taxes necessary to support each of these two components.

Section 5. Applicability.

This law shall apply to each and every budget submitted on or after the effective date of this law.

Section 8. Form of proposition.

The question to be submitted to the electorate pursuant to Section 9 of this law shall read as follows:

"Shall Resolution No. 870-1994, Adopting A Charter Law to Unify and Simplify the 4% County Expenditure and Tax Caps and Require a Separate Vote on Mandated and Discretionary County Budgets, Be Approved"?

Section 9. Effective date.

This law shall not take effect until the first day of the first fiscal year after its approval by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of § 34 of the New York Municipal Home Rule Law. After approval by the electorate, this law, as well as any other law converted into a mandatory referendum pursuant to § 34, Subdivision 4, of the New York, Municipal Home Rule Law, by a vote of the County Legislature, may only be amended, modified, repealed or altered by enactment of an appropriate Charter laws subject to mandatory referendum in accordance with prevailing laws.

§ CA-31 Local Law No. 32-1995 provided as follows:

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 14-1983 established a requirement that all local legislation be accompanied by written fiscal impact statement prior to a final vote by the County Legislature.

This Legislature further finds and determines that recent events have demonstrated a need for further refinement of the information contained in such fiscal impact statements as it pertains to the impact of proposed legislation on Suffolk County's tax base and economy.

Therefore, the purpose of this law is to impose an additional requirement in the preparation of a fiscal impact statement so as to include specific information regarding the economic impact that proposed legislation will have on the Suffolk County tax base, businesses and residents.

Section 3. Applicability.

This law shall apply to all pertinent legislation filed on or after the effective date of this law.

Section 6. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-32 Local Law No. 4-1996 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that lobbyists who appear before agencies, departments, commissions and/or boards of the County of Suffolk, the County Executive and/or the Suffolk County Legislature often exercise an influence disproportionate to the actual interests they represent within the Suffolk County community.

This Legislature further finds and determines that the county's current lobbyist registration law has gone a long way towards enhancing the integrity of the decision making process in Suffolk County government by requiring registration and monitoring of lobbyists who appear before Suffolk County government.

This Legislature also determines that additional steps are necessary at all levels of government to restrict the capability of lobbyists to unfairly influence the government decision making process.

This Legislature hereby affirms its awareness of federal laws which prohibit all corporate solicitations and donations and the solicitations and donations of all persons contracting with the United States government, as well as state laws pertaining to political contributions. This Legislature finds that supplementary legislation in the County of Suffolk will bolster the People's confidence in the integrity of the political system.

This Legislature hereby finds and determines that elected representatives of the Suffolk County Legislature, together with the County Executive, must periodically act to approve or disapprove matters for which lobbyists receive compensation from their clients.

This Legislature also finds that other elected county officials and/or their employees are required, as a function of their duties and responsibilities as public officers, to approve, regulate, manage or vote on the merit of various proposals supported by lobbyists on behalf of their clients.

This Legislature further finds and determines that contributions or gifts by or on behalf of such lobbyists create an inherent tension and conflict between such lobbyists and such elected officials who are then obligated to act upon requests to grant economic or financial benefits to the clients of lobbyists. This conflict, in turn, erodes public confidence in the integrity of county government and undermines public support for governmental institutions in this county in general.

Therefore, the purpose of this law is to further enhance this monitoring capacity by prohibiting lobbyists from entertaining elected officials or county employees, by extending lobbyist disclosure to the time of consideration of actual pending legislation or county initiatives, extending the disclosure of lobbyists' clients during consideration of pending county legislation or initiatives and by prohibiting gifts or political campaign contributions by registered lobbyists to elected officials, candidates for office or employees of the County of Suffolk so as to ensure that county decisions on governmental issues are decided on the merits rather than on the basis of influence by special interests.

Section 5. Applicability.

This law shall apply to any legislation or initiatives pending before the Suffolk County Legislature or any county agency on or after the effective date of this law.

§ CA-33 Local Law No. 7-1996 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Resolution No. 931-1994, adopted on October 20, 1994, and signed by the County Executive on November 2, 1994, required Suffolk County to enact a Charter Law to amend Article IV of the Suffolk County Charter, for the purpose of implementing the long-term reform recommended by the Bi-County Commission on Taxation for Long Island.

Therefore, the purpose of this law is to implement the provisions of Resolution No. 931-1994.

Section 3. Applicability.

This law shall apply to any county operating budget submitted on or after the effective date of this law.

§ CA-34 Local Law No. 13-1996 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the New York State Legislature, pursuant to § 104-b of the New York General Municipal Law, requires that when goods and services are not procured via competitive bidding they "must be procured in a manner so as to assure the prudent and economical use of public moneys in the best interests of the taxpayers of the political subdivision or district, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud, and corruption."

This Legislature further finds and determines that too many contracts are being awarded via the request for proposal (RFP) process whereby the RFP is utilized to narrow down the field of competition, reduce the number of potential bidders and favor or assist particular contractors.

Therefore, the purpose of this legislation is to give the County Legislature more oversight in the RFP process which involves approval of county contracts by the County Legislature by providing formal written notice to the County Legislature of any RFP circulated for the award of a contract in excess of $20,000.

Section 2. Definitions.

A. CONTRACT — Any claim, account or demand against, or agreement, upon sufficient consideration, with the County of Suffolk or any divisions, departments, agencies or entities thereof, express or implied, for public construction work; for the rendering or performing of personal services; for the purchase of goods and services; or for a lease, license, sale or purchase relative to real or personal property, and shall include the designation of an official depository for public funds and the designation of an official newspaper for the publication of any notice, resolution or ordinance where such publication is authorized or required by law.

B. PERSON — Any natural person, individual, corporation, unincorporated association, firm, partnership, joint venture, joint stock association or other entity or business organization of any kind.

Section 4. Applicability.

This local law shall apply to all requests for proposal (RFP's) for the award of any contracts, contract amendments, contract extensions or contract modifications in excess of $20,000 or 5% of the original contract amount, as the case may be, resulting from utilization of an RFP process, circulated on or after the effective date of this law.

Section 7. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-35 Local Law No. 17-1996 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that L.L. No. 23-1994, a Charter Law To Establish 5-25-5 Debt Policy, which took effect on January 1, 1996, has already made the capital program and budget approval and appropriation process more meaningful, more effective and more responsive to the needs of the public and its ability to accommodate increased future debt service payments within limited resources.

This Legislature further finds that dredging projects that cost more than $100,000 should be funded through the capital budget rather than the county operating budget because such projects are essential to the economic vitality of Long Island and pay for themselves, over the life of the bond, through enhanced economic activities.

This Legislature also finds and determines that towns should fund a portion of the cost of such dredging projects because towns often own the bay bottoms in question and derive economic, transportation, recreational, commercial and public safety benefits from such dredging projects.

Therefore, the purpose of this law is to allow dredging projects in excess of $100,000 to be funded through the capital budget under the county's 5-25-5 debt policy, as set forth in L.L. No. 23-1994, coupled with a requirement that the town in which the dredging project is being performed fund at least 10% of the cost of such projects.

Section 3. Applicability.

This law shall apply to any dredging projects proposed for funding on or after the effective date of this law.

§ CA-36 Local Law No. 2-1997 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the federal and state governments are currently proposing massive reductions in state and federal aid by either severely curtailing or eliminating outright a full array of programs, the ultimate effect of which may be to impose new costs on the County of Suffolk to be paid through either property tax increases or sales tax increases at the local level.

This Legislature further finds and determines that, in order to prevent this pass-along of new mandates in the form of shifting state and federal burdens to the local level, it will be necessary to impose an ironclad restriction on county funding of such programs.

Therefore, the purpose of this law is to prohibit funding of programs that are terminated, abolished or defunded by state or federal government unless approved by a supermajority vote of the County Legislature.

Section 3. Applicability.

This law shall apply to actions taken on or after the effective date of this law.

§ CA-37 Local Law No. 9-1997 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that L.L. No. 23-1994, a Charter Law To Establish 5-25-5 Debt Policy, which took effect on January 1, 1996, has already made the capital program and budget approval and appropriation process more meaningful, more effective, and more responsive to the needs of the public and its ability to accommodate increased future debt service payments within limited resources.

This Legislature further finds that dredging projects that cost more than $100,000 should be funded through the capital budget rather than the county operating budget because such projects are essential to the economic vitality of Long Island and pay for themselves, over the life of the bond, through enhanced economic activities.

This Legislature also finds and determines that towns should not fund a portion of the cost of such dredging projects because such projects provide a county-wide economic, transportation, recreational, commercial and public safety benefit that crosses town geographical boundaries.

Therefore, the purpose of this law is to allow dredging projects in excess of $100,000 to be funded through the capital budget under the county's 5-25-5 debt policy, as set forth in L.L. No. 23-1994, without a requirement that the town in which the dredging project is being performed fund at least 10% of the cost of such projects.

Section 3. Applicability.

This law shall apply to any dredging projects proposed for funding on or after the effective date of this law.

§ CA-38 Local Law No. 11-1997 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds that the need to reappropriate grant funds is an unnecessary procedure that unduly burdens governmental processes.

This Legislature further finds that the newly installed integrated financial management system is designed to accommodate the carryover of certain balances from year to year.

Therefore, the purpose of this law is to allow grant moneys accepted by this Legislature to carry over for the duration of the grant term and not to require annual reappropriation.

Section 3. Effective date.

This law shall take effect immediately upon filing with the Secretary of State.

§ CA-39 Local Law No. 11-1998 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the size and scope of County government has grown large and costly as a result of the proliferation of agencies whose functions, duties and responsibilities could be more economically and efficiently carried out under a more streamlined organization of government.

This Legislature further finds Article XXXVII of the Charter requires that the Suffolk County Pine Barrens Review Commission refer their report to the Suffolk County Planning Commission for its consideration under Article XIV of the Suffolk County Charter. In 1992 the New York State Temporary Commission for Tax Relief on Long Island unanimously agreed that the Suffolk County Pine Barrens Review Commission was duplicative of work done by the Suffolk County Planning Commission and recommended the elimination of the Suffolk County Pine Barrens Review Commission based on its reporting functions in the Charter.

This Legislature further finds that the recent enactment of state law designed to impose uniform standards for the preservation and development of the Central Pine Barrens and the subsequent adoptions of uniform standards by the towns in the Central Pine Barrens have made the review of applications in these areas by a separate County Pine Barrens Review Commission an unnecessary and time-consuming duplication of effort. Necessary review can be adequately carried out by the existing County Planning Commission using standards for development that are specifically designed for the protection of Pine Barrens. At a joint meeting of the Central Pine Barrens Joint Planning and Police Commission and their Advisory Committee in June of 1996, it was stated that there is an opportunity to remove an extra level of development review from the Central Pine Barrens area that could be accomplished through the abolition of the Suffolk County Pine Barrens Review Commission. A motion was passed to eliminate the dual jurisdiction of both the Central Pine Barrens Joint Planning and Police Commission and the Suffolk County Pine Barrens Review Commission in the Central Pine Barrens area by recommending abolishment of the Suffolk County Pine Barrens Review Commission.

Therefore, the purpose of this law is to reorganize the review process and transfer the functions of the Pine Barrens Review Commission to the County Planning Commission.

Section 4. Transition provisions.

A. Any reference to the Pine Barrens Review Commission or any reference to Article XXXVII of the Suffolk County Charter in any other resolution, local law, Charter law, ordinance, rule or regulation of the County of Suffolk or in any state or federal law, rule or regulation, shall be construed in the first instance as reference to the Suffolk County Planning Commission or as a reference to Article XIV of the Suffolk County Charter, anything in any other laws or regulations to the contrary notwithstanding.

B. Any reference to the Pine Barrens Review Commission in Article XIV of the Suffolk County Code shall be construed as reference to the Suffolk County Planning Commission.

Section 7. Applicability.

This law shall supersede all prior inconsistent enactments relating to the abolition of the Suffolk County Pine Barrens Commission.

Section 8. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if, within 60 days after its adoption, there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the Municipal Home Rule Law, and upon filing in the office of the Secretary of State.

§ CA-40 Local Law No. 13-1998 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the prior use of police boats and helicopters by present and previous administrations of various and sundry political affiliations has demonstrated a clear need to establish a formal policy for the proper governmental use of county police boats and county police helicopters in non-law-enforcement areas.

This Legislature further finds and determines that the experience of working under Local Law 15-1989 dictates the need for modification of such policy in order to allow fire, rescue and emergency services workers to utilize the County police helicopter and county police boat for legitimate public purposes within the same narrowly restricted categories of activity available for county police purposes.

Therefore, the purpose of this law is to modify the existing restrictions on the use of the county police helicopter and boat by prescribing limited governmental use by fire, rescue and emergency services workers of said police helicopter and police boat linked to the same categories of activity authorized for county police activities.

Section 3. Applicability.

This law shall apply to any request for the use of the County Police Department helicopter or boat occurring on or after the effective date of this law.

Section 6. Effective Date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-41 Local Law No. 16-1998 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the current procedure for reviewing, analyzing and adopting annual county operating budgets does not afford the County Legislature adequate time to make deliberative and considered judgments which are consistent with the magnitude of the task of dealing with a billion-dollar budget.

Therefore, the purpose of this law is formalize internal budgetary procedures of the County Legislature in order to ensure at least two days for consideration of amendments to annual county operating budgets and shorten the veto and override process by 10 days.

Section 4. Applicability.

This law shall apply to county budgets filed on or after the effective date of this law.

Section 7. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-42 Local Law No. 17-1998 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the county's operating budget process is in need of reform because additional financial data is needed to make the budget process more responsive to the needs of the Legislature and the concerns of the public.

This Legislature hereby finds and determines that Suffolk County is facing numerous multiyear budgetary challenges including stabilizing funding for the sewers; welfare reform; depletion of tax stabilization reserve funds; tremendous economic growth that has occurred in the county; the growth in demand for services that has occurred because of demographic, sociological and environmental needs; the gradual aging out of the population; the epidemic of drug abuse; the expansion of health benefits; utility costs; and the need to preserve the county's groundwater.

This Legislature further finds that the continued cooperation between the Suffolk County Legislature's Budget Review Office and the County Executive's Budget Office to deal with financial forecasts and issues are imperative to the continued financial stability of Suffolk County, as well as the ability to be able to both quickly and effectively respond to the needs of the public.

This Legislature also determines that it is in the best interests of the county to develop multiyear financial plans including multiyear operating budget forecasts.

Therefore, the purpose of this law is to formalize a working relationship between the Suffolk County Legislature's Budget Review Office and the County Executive's Budget Office and to require the two offices to develop multiyear budget and financial plans.

Section 3. Applicability.

This law shall apply to any operating budget submitted on or after the effective date of this law.

Section 6. Effective Date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-43 Local Law No. 18-1998 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Suffolk County has voluntarily allocated a portion of its general 1/8 of 1% public safety sales and compensating use tax revenue component to towns and villages for public safety purposes since 1994 as part of a good-faith compromise to support sales and compensating use tax allocations to the public safety purposes of county government.

This Legislature further finds that this good-faith agreement has been breached by the submission of the proposed 1998 county operating budget without such funding for these towns and villages for public safety purposes.

Therefore, the purpose of this law is to require the County of Suffolk to continue such funding of public safety sales and compensating use tax revenues to towns and villages, consistent with the adopted 1997 funding levels, for as long as the 1/8 of 1% public safety sales and compensating use tax revenue component is in effect in Suffolk County.

Section 3. Applicability.

This law shall apply to the first proposed operating budget submitted on or after the effective date of this law.

Section 6. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-44 Local Law No. 23-1998 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that recently enacted state legislation allows counties to adopt a local law that would permit the County Director of Real Property Tax Service to provide appraisal services and expert testimony thereto to municipalities within such county.

This Legislature further finds that adoption of such local law allows for intermunicipal cooperation while permitting reimbursement for the cost of providing the appraisal service.

Therefore, the purpose of this local law is to reflect the recent changes in the New York State law to permit the provision of appraisal services and expert testimony thereto to local municipalities as provided for in New York State Real Property Tax Law §§ 1536-a and 1532.

§ CA-45 Local Law No. 35-1999 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County Drinking Water Protection Program, which was initially approved in 1987 by the electorate, and then modified by the electorate in 1988, 1993 and 1996, is due to expire at midnight November 30, 2000.

This Legislature further finds that, over the years, this program has provided moneys for property tax mitigation; funds for revenue-sharing for towns to either acquire land or cap and close landfills; funds for sewer district tax rate stabilization; and moneys for water quality protection programs.

This Legislature also determines that, in order to extend this program without interruption in a smooth and orderly fashion, it will be necessary to conduct another public referendum prior to its expiration, while still allowing sufficient time for approval in a timely fashion.

This Legislature also finds and determines that farmland preservation is of vital interest to the people of Suffolk County from an economic and quality-of-life standpoint; that the time to move from a study phase to implementation of planned recommendations for the Long Island Sound, the South Shore Estuary (Great South Bay, Moriches Bay and Shinnecock Bay), and the Peconic Bay under the auspices of the United States Environmental Protection Agency, the New York State Department of Environmental Conservation, and the New York State Department of State has come; and that funding water-quality and habitat-restoration initiatives will materially enhance the quality of life for all Suffolk County residents.

Therefore, the purpose of this law is to renew the 1/4% County Drinking Water Protection Program for 13 years on a modified basis to provide for sewer district tax rate stabilization, environmental protection, and property tax mitigation to help fund programs in the annual County operating budget.

Section 3. Applicability.

In the event that the New York State Legislature enacts enabling state legislation prior to November 30, 2000, for the explicit purpose of extending, within the territorial limits of the County of Suffolk, on the terms and conditions set forth in this law, the additional sales and compensating use tax of 1/4 of 1% imposed under Local Law Nos. 40-1987 and 35-1988, and Resolution No. 1568-1988, pursuant to the provisions of § 1210 of the New York Tax Law, and in the event that the County of Suffolk extends, prior to November 30, 2000, by appropriate legislative action, within the territorial limits of the County of Suffolk, additional sales and compensating use tax of 1/4 of 1% imposed under Resolution No. 1568-1988, pursuant to the provisions of § 1210 of the New York Tax Law, then any revenues generated by the extension of the 1/4 of 1% sales and compensating use tax so authorized by appropriate state and local action shall be used for the sole and explicit purpose of paying any and all costs set forth in this law, only in the proportions so set forth, for the period December 1, 2000, through December 31, 2013. In addition, every effort shall be made to apply for every federal, state and local aid that may be available to support this program.

Section 6. Form of proposition.

The question to be submitted to the electorate pursuant to Section 7 of this law shall read as follows:

"Shall Resolution No. 1100-1998, Adopting A Charter Law, Extending the Suffolk County 1/4% Sales Tax Drinking Water Protection Program for Environmental Protection, Limiting County-wide Property Tax Increases, and Providing for Sewer District Tax Rate Stabilization, Be Approved?"

Section 7. Effective date.

This law shall not take effect until the first day of the first fiscal year after its approval by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of § 34 of the New York Municipal Home Rule Law. After approval by the electorate, this law, as well as any other law converted into a mandatory referendum pursuant to § 34, Subdivision 4, of the New York Municipal Home Rule Law, by a vote of the County Legislature, may only be amended, modified, repealed or altered by enactment of an appropriate Charter law subject to mandatory referendum in accordance with prevailing law, except that Section 2 of this law will take effect on December 1, 2000.

Section 8. Conflicting Referenda.

In the event that there are other referenda on the ballot pertaining to or addressing substantially the same issues as are contained in this law, then the provisions of the measure approved by the electorate receiving the greatest number of affirmative votes shall prevail, and the alternative measure, or measures, as the case may be, shall be deemed null and void.

§ CA-46 Local Law No. 36-1999 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Analysis of the Agreement and Plan of Merger by and among BUG LILCO Holding Corp., Long Island Lighting Company, and Long Island Power Authority (LIPA) Acquisition Corp., prepared by Scott Hempling, Esq., and LaCapra Associates, dated July 7, 1997, made a series of findings and determinations which state, in part, that:

A. LIPA would hire a high-cost monopoly to run its transmission and distribution system, but would have no expertise to monitor performance;

B. The combination of public buyout, private control and consumer vulnerability has no precedent in the U.S. electric industry;

C. LIPA will have more control and less accountability than any public monopoly the County Legislature's consultants have studied across the nation;

D. Most public monopolies, even the U.S. Postal Service, are legally accountable to an independent board. LIPA will be legally accountable to no one, except its bondholders;

E. Most public monopolies are run by professional managers and professional staff. LIPA has no professional managers, no power supply experts, no transmission experts, no rate experts, no financial experts, no customer service experts; and

F. LILCO's recovery of Shoreham costs should not exceed the average generation costs for all New York utilities.

This Legislature also determines that Suffolk County, as a major ratepayer on Long Island, expects full compliance by LIPA with the enabling LIPA statute, including, but not limited to, compliance with and full implementation of any terms and conditions of the PACB Resolution which are consistent with the state statute.

This Legislature further determines that the unelected LIPA Board is incapable of providing consumer protection because of the absence of independence inherent in its status as the appointees of state officials and because of the absence of any jurisdiction over it by any other state agency with meaningful power to effectuate change or exercise control.

Therefore, the purpose of this law is to obligate elected officials of this county to enforce the statutory, common law, and consumer rights of all ratepayers residing in this county and served by LIPA or its predecessor in interest, the Long Island Lighting Company (LILCO), and to redress any breach or violation of those rights, whether existing or threatened by the utility service provider by either of the aforementioned utility service providers by mandating and obligating elected officials of Suffolk County to take legal and administrative action as prescribed by this law in order to secure the legally available protections and benefits on behalf of all utility ratepayers in this county, including, but not limited to, Suffolk County, itself a ratepayer, and to promote the general welfare, well-being and economic interest of the citizens of this county by mandating elected county officials to take action in requiring LIPA and LILCO to account for its actions under law.

Section 2. Definitions.

BUG

Brooklyn Union Gas Company.

CLERK

The Clerk of the Suffolk County Legislature.

COUNTY OF SUFFOLK or COUNTY

The Suffolk County Executive and/or the Suffolk County Legislature.

FINDING

A formal, nonpreliminary, determination made by any federal, state or county agency, board or commission; the County Executive; or the County Legislature (if made by the adoption of a procedural resolution) that LIPA, the PACB, or any successor entity thereto, collectively or individually, are not complying with or are violating or threatening not to comply with or to violate any term or condition of the Takeover Plan or is acting, has acted, or threatens to act in a manner that violates or impairs any right or protection conferred by law upon or for the benefit of the residents of the County of Suffolk who are serviced by LIPA or who pay any fee or rate to LIPA or the County of Suffolk in its capacity as a ratepayer.

LILCO

The Long Island Lighting Company, including its predecessor and successors in interest.

LIPA

The Long Island Power Authority created pursuant to the New York Public Authorities Law, § 1020-a, et seq.

LIPA STATUTE

Section 1020-a et seq. of the New York Public Authorities Law, as amended.

NEWCO

The newly formed company or companies owned or controlled by LILCO or BUG.

PACB

The New York Public Authorities Control Board.

PACB RESOLUTION NO. 97-LI-1

The project conditions that were imposed upon LIPA by the PACB on July 22, 1997.

PUBLICATION

A written public communication.

TAKEOVER PLAN

The Agreement and Plan of Merger by and among BUG/LILCO Holding Corp., Long Island Lighting Company, Long Island Power Authority, and LIPA Acquisition Corp., dated April 29, 1997, and LIPA's adoption and ratification of definitive agreements for the acquisition of LILCO and acceptance of conditions to PACB approval, dated August 21, 1997.

Section 4. Transition provisions.

From the effective date of this section to the day of any referendum actually held on this law pursuant to Section 9 of this law, Special Suffolk County Counsel, retained in connection with the Takeover Plan, shall take or continue such actions, at the cost of the county, as shall be necessary and appropriate to preserve the rights of the County of Suffolk to pursue and/or continue such options as may arise out of the implementation of Section 3 of this law via approval of the electorate at public referendum.

Section 5. Applicability.

This law shall apply to all findings made on or after the effective date of this law regardless of when the underlying action triggering that finding took place.

Section 8. Form of proposition.

The question to be submitted to the electorate pursuant to Section 9 of this law shall read as follows:

"Shall Resolution No. 775 1999, A Charter Law, Obligating Suffolk County Officials to Actively Exercise Oversight over LIPA to Ensure Rate Reduction Guarantee, Open Competition, Consumer Protection, and Lawful Rates through Legal and Administrative Proceedings, Be Approved?"

Section 9. Effective date.

This law shall not take effect until the first day after its approval by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of § 34 of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State, except that § 4 of this law shall take effect immediately. After approval by the electorate, this law, as well as any other law converted into mandatory referendum pursuant to § 34(4) of the New York Municipal Home Rule Law, by a vote of the County Legislature, may only be amended, modified, repealed or altered by enactment of an appropriate Charter law subject to mandatory referendum in accordance with prevailing law.

Section 10. State action for earlier referendum.

In the event that the State of New York enacts enabling state legislation permitting the public referendum contemplated by this law to be held at a date earlier than the next general election, then the public referendum required by § 9 of this law shall be held on the earlier date so authorized, anything in § 9 of this law, § 34 of the New York Municipal Home Rule Law, or of any other state law, to the contrary notwithstanding.

Section 11. Preemption.

This law shall be null and void on the date that LIPA, or any successor entity thereto, is statutorily placed under the jurisdiction of the New York State Public Service Commission, or any successor entity thereto.

Section 12. Conflicting referenda.

In the event that there are other referenda on the ballot pertaining to or addressing substantially the same issues as are contained in this law, then the provisions of the measure approved by the electorate receiving the greatest number of affirmative votes shall prevail, and the alternative measure, or measures, as the case may be, shall be deemed null and void.

§ CA-47 Local Law No. 37-1999 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the existing provisions of the Initiative and Referendum Law in Suffolk County subvert the original intent of that legislation to allow Suffolk County residents to write and enact their own amendments to the Suffolk County Charter by imposing too stringent a requirement for the number of signatures to be obtained on petitions necessary to initiate the initiative and referendum process.

This Legislature further finds that the procedural niceties and technicalities of that law create so many roadblocks as to impede the ability of the average citizen to effectuate such amendments through ballot box proposals.

Therefore, the purpose of this Charter Law is to streamline the initiative and referendum process so as to grant necessary rights and powers to average people within Suffolk County sufficient to allow them to become true "Citizen-Legislators" who can express the will of the people through direct participatory democracy by eliminating procedural obstacles that might otherwise impede a successful initiative and referendum process.

Section 2. Amendment to County Charter.

Resolution No. 571-1999, Charter Law Amending Article VII of the Suffolk County Charter to Reduce Signature Threshold for Initiative and Referendum Process, adopted by the County Legislature on June 29, 1999, and signed by the County Executive on July 28, 1999, is hereby repealed in its entirety.

Section 4. Form of proposition.

The proposition to be submitted at the general election pursuant to Section 8 of this law shall be in the following form:

"Shall Resolution No. 855-1999, Adopting a County Charter Law to Simplify and Streamline Procedural Requirements for Direct Citizen-Sponsored County Legislative Initiatives, Subject to Voter Approval, Be Approved?"

Section 5. Applicability.

This law shall apply to petitions filed on or after the effective date of this law.

Section 8. Effective date.

This law shall take effect immediately upon filing in the office of the Secretary of State, if it is approved by an affirmative vote of the qualified electors of the County of Suffolk voting upon a proposition for its approval at the next general election in conformity with the provisions of Section 34 of the NEW YORK MUNICIPAL HOME RULE LAW, except that Section 2(I) of this law shall take effect immediately.

§ CA-48 Local Law No. 10-2000 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Resolution No. 972-1999 was adopted by the Suffolk County Legislature on October 5, 1999, for the purpose of phasing out the use of pesticides by the county for many pest control purposes and to adopt a pest control policy that substantially relies on nonchemical pest control strategies.

This Legislature also finds and determines that the 1999 county spraying for the West Nile Virus raised public concerns regarding proper notification prior to spraying for vector control purposes.

Therefore, the purpose of this law is to strengthen the public notification measures for pesticide applications on public properties and vector control spraying in general. Section 4.4. Dump the Water Campaign.

A. The office of the Presiding Officer of the County Legislature shall conduct an annual "Dump the Water Campaign" in elementary-level schools throughout the County of Suffolk by inviting students in elementary schools to participate in a poster contest requiring a student's interpretation of how best to dump water which may cause mosquito infestation, such as cleaning gutters, getting rid of old tires, closing garbage cans without lids, removing garbage lids which are lying around, removing toys in yards, monitoring bird baths, and monitoring mounds of dirt.

(1) Each Legislator shall send letters to the superintendents of public school districts, located within their pertinent legislative district, advising the school as to the contest.

(2) Each Legislator shall judge entries made by elementary schools and recommend one winner from each school as a finalist. A Legislator from each district shall then recommend to the Presiding Officer of the County Legislator one poster to represent his/her legislative district.

(3) The deadline for submitting eligible posters shall be January 31 of each year beginning with the year 2001. The Legislative Office of Budget Review shall then select the poster to be used as part of a county-wide message to be disseminated by the County Department of Health Services.

(4) Any student requesting to participate in said contest shall be furnished with literature from the Suffolk County Department of Health Services regarding the medical and scientific rationale for preventing breeding grounds for mosquitoes and the effects of mosquito-borne illnesses.

Section 5. Applicability.

This law shall apply to any actions occurring on or after the effective date of this law.

§ CA-49 Local Law No. 16-2000 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Legislature's outstanding track record of reducing, sunsetting, scaling back, and stabilizing property taxes, sales tax and other county revenues has been achieved through conscientious application of sound fiscal principles and prudent budgetary practices.

This Legislature further finds and determines that requiring revenue impact statements for any proposed budgetary actions to reduce or eliminate county-generated revenues would continue this long-standing tradition of fiscal prudence.

Therefore, the purpose of this law is to continue Suffolk County's track record of responsible tax cutting by requiring revenue impact statements to accompany future proposals to reduce or eliminate county-generated revenues.

Section 3. Applicability.

This law shall apply to any local law, resolution, Charter law or operating budget filed on or after the effective date of this law.

Section 6. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34, Subdivision 4, of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-50 Local Law No. 30-2000 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that promoting the Francis S. Gabreski Airport at Westhampton Beach represents a County asset with the potential to further enhance economic development for the County of Suffolk.

Therefore, the purpose of this law is to transfer supervision and management of the Francis S. Gabreski Airport at Westhampton Beach from the County Department of Public Works to the County Department of Economic Development.

Section 3. Transition provisions.

A. Any reference to the County Department of Public Works or Commissioner thereof in any other resolution, local law, Charter law, ordinance, rule or regulation of the County of Suffolk or in any state or federal law, rule or regulation in connection with the Francis S. Gabreski Airport shall be construed in the first instance as reference to the County Department of Economic Development or Commissioner thereof, as the case may be, anything in any other laws or regulations to the contrary notwithstanding.

B. Any positions of employment within the Suffolk County Department of Public Works relating to the Francis S. Gabreski Airport shall be abolished and/or transferred to the County Department of Economic Development, via appropriate resolution, as of January 1, 2001. Any positions of employment within the Suffolk County Department of Public Works relating to the Francis S. Gabreski Airport, transferred via prior or subsequent appropriate resolution, shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the Department of Economic Development to which such position has been transferred by resolution.

C. Any reference to the County Department of Public Works in connection with the Francis S. Gabreski Airport, in any chapter of the Suffolk County Code, shall be construed as reference to the County Department of Economic Development, and any reference in said Code to the Commissioner of said Department in connection with the Francis S. Gabreski Airport shall be construed to mean the Commissioner of Economic Development, as the case may be.

D. All County departments, offices and agencies shall cooperate fully with the Commissioner of Economic Development, or her or his designee, in all phases of implementing the provisions of this Charter law.

Section 4. Transfer of records, property and equipment.

All records, property and equipment presently associated with and utilized in connection with the powers, functions and duties to be assigned under this law shall be transferred to the pertinent department in a timely fashion.

Section 5. Applicability.

This law shall apply to all actions occurring on or after January 1, 2001.

§ CA-51 Local Law No. 1-2001 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that purchasing functions are currently performed by both the County Department of Public Works and the County Department of Audit and Control.

This Legislature further finds and determines that consolidating such functions would avoid duplication of effort, promote economies of scale, and provide more effective and efficient operation of County government.

Therefore, the purpose of this law is to consolidate the functions of purchasing in the County Department of Public Works as a separate division.

Section 3. Transition provisions.

A. All County departments, offices and agencies shall cooperate fully with the Director of the County Division of Purchasing, or his or her designee, in all phases of implementing the provisions of this Charter law.

B. Any positions of employment within the Suffolk County Department of Audit and Control pertaining to purchasing functions shall be abolished and/or transferred, as the case may be, via appropriate resolution, as of January 1, 2001. Any positions of employment within the Suffolk County Department of Audit and Control pertaining to purchasing functions, transferred via prior or subsequent appropriate resolution, shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the Department, office or agency to which such position has been transferred by resolution.

Section 4. Transfer of records, property and equipment.

All records, property and equipment presently associated with and utilized in connection with the powers, functions and duties to be assigned under this law shall be transferred to the pertinent department in a timely fashion.

Section 5. Applicability.

This law shall apply to all actions occurring on or after January 1, 2001.

Section 8. Effective date.

This law shall not take effect until at least 60 days after its adoption nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if, within 60 days after its adoption, there is filed with the Clerk of the County Legislature a petition protesting against this law, in conformity with the provisions of § 34(4) of the New York Municipal Home Rule Law, and upon filing in the office of the Secretary of State.

§ CA-52 Local Law No. 2-2001 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the personnel functions currently carried out by the County of Suffolk for the benefit of its workforce are scattered throughout numerous offices and agencies thereby causing a lack of uniform practices and effective delivery of services which are necessary for the well being and morale of its work force.

This Legislature further finds and determines that consolidating related personnel functions in a Department of Human Resources, Personnel and Civil Service would generate efficiencies, economies of scale, and savings that would be of benefit to county residents and taxpayers.

Therefore, the purpose of this law is to consolidate related personnel functions in the County Department of Human Resources, Personnel and Civil Service.

Section 3. Transition provisions.

A. Any reference to the County Department of Human Resources and Civil Service or the Personnel Officer in any other resolution, local law, Charter law, ordinance, rule or regulation of the County of Suffolk or in any state or federal law, rule or regulation shall be construed in the first instance as reference to the County Department of Human Resources, Personnel and Civil Service and shall be construed to mean the County Department of Human Resources, Personnel and Civil Service, as the case may be, and/or the Personnel Officer, anything in any other laws or regulations to the contrary notwithstanding.

B. Any positions of employment within any other county department, agency or office pertaining to powers and duties to be performed by the Division of Human Resources or Division of Information Services shall be abolished and/or transferred, as the case may be, via appropriate resolution, as of January 1, 2001. Any positions of employment within any other county department, agency or office pertaining to powers and duties to be performed by the Division of Human Resources or Division of Information Services, transferred via prior or subsequent appropriate resolution, shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the Department, office or agency to which such position has been transferred by resolution.

C. Any reference to the County Department of Human Resources and Civil Service in any chapter of the Suffolk County Code shall be construed as reference to the County Department of Human Resources, Personnel and Civil Service, and any reference in said CODE to the Personnel Officer of said Department shall be construed to mean the Personnel Officer of the Suffolk County Department of Human Resources, Personnel and Civil Service, as the case may be.

D. All county departments, offices and agencies shall cooperate fully with the Personnel Officer, or his or her designee, in all phases of implementing the provisions of this Charter law.

Section 4. Transfer of records, property and equipment.

All records, property and equipment presently associated with and utilized in connection with the powers, functions and duties to be assigned under this law shall be transferred to the pertinent department in a timely fashion.

Section 5. Applicability.

This law shall apply to all actions occurring on or after January 1, 2001.

§ CA-53 Local Law No. 8-2001 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that a Joint Audit Committee comprised of representatives from the County Legislature, the County Executive, the County Comptroller and the County Treasurer was established by adoption of Local Law No. 47-1989, as amended by Local Law No. 26-1995, which amended Section C4-34 of the Suffolk County Charter.

This Legislature further finds that the Joint Audit Committee is charged with the responsibility of selecting an independent public accounting firm to conduct an audit of the county's financial statements each year in accordance with generally accepted auditing standards and to render an annual opinion thereon.

This Legislature also determines that the Joint Audit Committee is responsible for receiving the results of said audit for incorporation into the County Comptroller's annual report on the results of the financial transactions of the county for the immediately preceding fiscal year and the state of the county's financial position at the conclusion of said fiscal year.

This Legislature also finds the Chairperson of the Joint Audit Committee has been the County Comptroller since its inception by virtue of implied acquiescence, without further confirmation by the member of said Committee through a formal vote.

This Legislature further determines that a Suffolk County Supreme Court Special Grand Jury empanelled on April 18, 1994, to conduct an investigation into the Suffolk County Employee Medical Health Plan, recommended that the Chairperson of the Joint Audit Committee be rotated between the members at specified intervals.

Therefore, the purpose of this law is to mitigate the inherent conflicts of interest that exist in a contractual arrangement between an auditor, the public accounting firm, and the auditee (the County of Suffolk), and its elected public officials, by requiring that the Chairperson of said Committee rotate each year so that no member shall hold this position more frequently than once every four years.

Section 3. Applicability.

This law shall apply to all terms occurring on or after the effective date of this law, the first term of which shall commence on January 1, 2002.

§ CA-54 Local Law No. 9-2001 also provided as follows.

[Editor's Note: L.L. No. 9-2001 was repealed 12-18-2012 by L.L. No. 18-2013.]

Section 1. Legislative intent.

This Legislature hereby finds and determines that funding for contract agencies by the County of Suffolk was budgeted at over $80,000,000 for Fiscal Year 2001.

This Legislature also finds and determines that the services provided by such contract agencies have not suffered major disruption during the past 11 years despite cutbacks and in spite of dire predictions to the contrary.

This Legislature further finds and determines that potential fiscal difficulties with regard to increased social services costs and slower economic growth may generate a need for tax increases in 2001 and/or the need to cut back funding of such programs for 2001 and/or 2002 in order to hold the line on tax increases for 2002 and future years.

This Legislature determines that such a reduction in funding, if necessary, must be accomplished through scrutiny to effectuate a careful and programmatic elimination of programs that are no longer effective or which are performing lower-priority functions.

This Legislature also determines that annual disclosure of itemized expenditures, including the lists of employees and salaries paid by contract agencies, would contribute enormously to the ability of the county to identify and ascertain which contract agencies should be recommended for continued or increased funding based on past performances, nonresponsiveness to requests or inquiries for information or low-priority status in terms of services rendered and functions performed.

Therefore, the purpose of this law is to impose a requirement that contract agencies file annual reports with the County Department of Audit and Control listing all employees and their respective salaries, which report shall be subject to county audit.

Section 3. Applicability.

This law shall apply to contracts in effect during Fiscal Year 2002 and every year thereafter. For 2002 only, the audit required under § 4-35 above for Fiscal Year 2002 contracts shall be submitted no later than December 1, 2003.

§ CA-55 Local Law No. 6-2002 also provided as follows.

Section 1. Legislative intent.

The purpose of this law is to waive the application of the 5-25-5 law for a one-year period of time in order to deal with the economic dislocation.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal year 2002.

Section 6. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-56 Local Law No. 11-2002 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that actions by the Suffolk County Council on Environmental Quality (CEQ) have enormous impact on the land use policies of Suffolk County; the aesthetics of Suffolk County; the quality of life in Suffolk County; the public health of the residents of Suffolk County; environmental protection in Suffolk County; preservation of the Suffolk County's groundwater; the air quality in Suffolk County; and the protection of Suffolk County's air, water, and land resources.

This Legislature also finds and determines that the official minutes of the Suffolk County Council on Environmental Quality (CEQ) do not represent what has been previously decided by that agency because, apparently, the failure to use verbatim minutes has resulted in inaccurate records as to what has occurred at such meetings.

This Legislature further finds and determines that formal accurate records of Council on Environmental Quality (CEQ) proceedings should be maintained to allow an informed, intelligent, and public debate of issues of such a magnitude.

Therefore, the purpose of this law is to require the Suffolk County Council on Environmental Quality (CEQ) to maintain verbatim minutes of its meetings.

Section 3. Applicability.

This law shall apply to all actions and meetings occurring on or after the effective date of this law.

§ CA-57 Local Law No. 15-2002 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Legislative Office of Budget Review has identified many projects that remain in the County's capital budget and program long after they are created, even though the funds for such project are not expended in a timely fashion, or sometimes not expended at all.

This Legislature further finds and determines that, in order to limit debt service, it is necessary to prioritize capital project authorizations, the key tool of which is to authorize only those projects that are urgently required to be completed in a reasonable amount of time.

This Legislature also determines that a municipality's credit standing can be adversely affected by the size of its capital budget and program.

Therefore, the purpose of this law is to limit capital project authorizations to five years in those instances in which no funds are expended during that period of time.

Section 3. Applicability.

This law shall apply to all capital projects in effect as of January 1, 2002, regardless of the date on which they were created.

Section 6. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-58 Local Law No. 8-2003 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that Local Law 6-2002 authorized a one-year waiver of the application of the 5-25-5 law.

Therefore, the purpose of this law is to renew the waiver of the application of the 5-25-5 law for another one-year period of time in order to deal with the current fiscal pressures arising out of state-imposed mandates, the aftermath of the September 11 terrorist attack, and sluggish economic growth.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law during fiscal year 2003.

§ CA-59 Local Law No. 22-2003 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determine that the County legislative districts herein provided shall result in a County Legislature which shall conform to the judicial and constitutional standards of equality of representation.

This Legislature also finds and determines that the legislative districts herein described completely encompass all of the geographical area of Suffolk County and that they contain the total permanent population of Suffolk County as determined by the 2000 official federal decennial census.

This Legislature further finds that no legislative districts described herein includes any geographical area of Suffolk County which is included within the description of any other district.

This Legislature finds and determines that this reapportionment plan provides for equal weight for all the voters of Suffolk County in the allocation of representation in the County Legislature.

This Legislature determines that this reapportionment plan provides substantially fair and effective representation for all the residents of the County as organized in political parties and as ethnic or racial minorities.

This Legislature further finds that the legislative districts described herein are of convenient and contiguous territory in as compact a form as is practicable and are consistent, to the maximum extent feasible, with the preservation of natural boundaries and/or boundaries of political subdivisions.

Therefore, the purpose of this law is to reapportion the legislative districts within the County of Suffolk in accordance with the 2000 federal decennial census so that they will contain all of the total permanent population of Suffolk County and also to conform the residency requirements to the Legislative reapportionment cycle.

Section 3. Errors and omissions.

If the districts described herein do not carry out the purposes thereof because of unintentional omissions, duplications, overlapping areas, erroneous nomenclature, lack of adequate maps or descriptions of political subdivisions, or other divisions thereof, or of their boundary lines, street closings, changes in names of streets, or other changes of public places, alteration of the boundary or courses of water or waterways, filling in of lands under water, accretion or other changes in shorelines, or alteration of courses, rights-of-way, or lines of public utilities or other conditions, the County Clerk shall, at the request of any person or candidate aggrieved thereby, by order, correct such omissions, overlaps, erroneous nomenclature, or other defects in the description of districts so as to accomplish the purposes and objectives of this Charter law.

Section 4. Applicability.

The County legislative districts created by this law shall be filled at the general election to be held in the first odd numbered year subsequent to the effective date of this law.

Section 7. Effective date.

This law shall not take effect until at least 45 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 45 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of §§ 10(1)(a)(13) and 24(1)(a) and (2)(j) of the New York Municipal Home Rule Law, and upon filing in the office of the Secretary of State.

§ CA-60 Local Law No. 33-2003 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Laura Brevetti Report to the Ad Hoc Committee of the Suffolk County Legislature (Special Committee) Investigating the PHH Vehicle Management Services Corporation Concerning an Investigation of Allegations of Impropriety in Connection with a Contract with PHH Vehicle Management Services Corporation, dated May 22, 1995, recommended that surplus County vehicles be disposed of via public auction rather than direct sale as part of a coherent and planned replacement policy for County vehicles because there is a potential to gain significant revenue for the County of Suffolk from the residual value of used vehicles.

This Legislature further finds and determines that the Suffolk County Office of the Comptroller Audit Division conducted a review of Suffolk County legislative resolutions authorizing the sale of surplus County vehicles for the period January 1, 2002, through May 31, 2003, and found the following:

As a result of resolutions introduced by the Legislature in December 2002, which authorized the sale of 26 County vehicles to municipalities and not-for-profit or nonprofit organizations at a price of $200, the County lost revenue of approximately $60,060 to $95,331 (p. 5 and Schedule 1, p. 8).

The Legislature's practice of introducing resolutions authorizing the sale of surplus County vehicles for $200 was not prevalent throughout 2002. We noted nine other surplus vehicles which were sold for either $200 or $1,000 each, as a result of approved resolutions signed between January and November 2002, an estimated lost revenue for these vehicles of approximately $26,261 (p. 5 and Schedule 2, p. 9).

As a result or resolutions introduced and approved during the period January 1, 2003, through May 31, 2003, which authorized the sale of seven surplus County vehicles at prices of $200 or $500, we estimate the lost revenue to be $24,263 (p. 5 and Schedule 3, p. 10).

Therefore, the purpose of this law is to change current County policy and require the sale of all surplus County vehicles via public auction to the highest responsible bidder.

Section 3. Applicability.

This law shall apply to the disposition of all surplus County personal property eligible as declared surplus or obsolete property on or after the effective date of this law.

§ CA-61 Local Law No. 6-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Chapter 28 of the Suffolk County Charter establishes the Department of Parks, Recreation and Conservation; more specifically, § C28-1B states that "the Commissioner, at the time of his appointment, must have been a resident for at least one year prior to his appointment."

This Legislature further finds and determines that a requirement of a one-year residency prior to appointment is not necessary to ensure familiarity with County parks, but instead limits the Executive in selecting the most highly qualified and dedicated candidate.

The Legislature also finds that no other Commissioner appointed by the County Executive is required to have been a resident of Suffolk County for at least one year prior to his appointment.

Therefore, the purpose of this law is to eliminate the one-year residency requirement for the Commissioner of the Suffolk County Department of Parks, Recreation and Conservation.

Section 3. Applicability.

This law shall apply to appointments of the Commissioner of Parks, Recreation and Conservation subsequent to the effective date of this law.

§ CA-62 Local Law No. 8-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County Executive Levy Elect Transition Team on Reform and Ethics issued a report on November 30, 2003, stating that "reform of County appointments are desperately needed, including a strengthening of the Suffolk County Code of Ethics."

Therefore, the purpose of this law is to impose restrictions on who may serve on the Suffolk County Ethics Commission.

Section 3. Applicability.

This law shall apply to all appointments to the Suffolk County Ethics Commission occurring on or after the effective date of this law.

§ CA-63 Local Law No. 14-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Charter presently contains different requirements regarding the presentation of local laws and resolutions to the County Executive.

This Legislature further finds and determines that it is in the best interest of the smooth functioning of government that resolutions and local laws be presented to the County Executive in a consistent manner.

This Legislature also finds and determines that the presentation of local laws to the County Executive, at the same time as the presentation of resolutions, will permit the County Executive to consider all legislation within the same timeframe thereby streamlining the operation of government.

Therefore, the purpose of this law is to provide uniform timeframe for the presentation of both local laws and resolutions.

Section 3. Applicability.

This law shall apply to local laws passed by the Legislature on or after the effective date of this law.

§ CA-64 Local Law No. 15-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the capital program and budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by stopping debt service payments for County operating expenses.

This Legislature also finds and determines that Local Law 6-2001, "A Charter Law to Authorize One-Year Rolling Debt under 5-25-5 Law," was adopted for the purpose of waiving the application of the 5-25-5 Law for a one-year period of time during 2002 in order to deal with the economic dislocation arising out of the September 11 terrorist attack.

This Legislature further finds that Local Law 8-2003, "A Charter Law to Reauthorize One-Year Rolling Debt under 5-25-5 Law," was adopted to renew the waiver of the application of the 5-25-5 Law for another one-year period of time in order during 2003 to deal with the current fiscal pressures arising out of state-imposed mandates, the aftermath of the September 11 terrorist attack, and sluggish economic growth.

This Legislature also finds that the County is facing a budget shortfall in 2005.

This Legislature further determines that interest rates are at an all time low, thereby permitting substitution of low cost debt for a limited number of recurring expenses during 2004 in order to deal with the enormous impact of the anticipated budget shortfall which will require very dramatic action at the federal, state, and local level in order to avoid substantial reductions in service and/or substantial increases in taxes.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a two-year period of time in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal years 2004 and 2005.

Section 6. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-65 Local Law No. 35-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds that it has been the long-standing policy of this body to give careful consideration to each and every individual resolution before us.

This Legislature hereby finds and determines that the practice of considering legislation pursuant to a certificate of necessity (CN) issued by the County Executive is reserved for those occasions where an emergency exists requiring immediate action by this Legislature.

This Legislature further finds and determines that when this Legislature is required to consider a resolution pursuant to a certificate of necessity, this Legislature must be provided with the specific reasons for the need for immediate action.

Therefore, the purpose of this legislation is to require specific reasons for the issuance of a certificate of necessity, thereby limiting those instances where a certificate of necessity is used to occasions that the public good must be considered above the ordinary procedure of this Legislature.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-66 Local Law No. 36-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Department of Economic Development is responsible for encouraging and promoting economic development, business growth and job creation for the benefit of Suffolk County residents.

This Legislature further finds that housing costs have risen dramatically and continue to increase, making it increasingly difficult for many segments of Suffolk County's population to find housing that is affordable. This lack of affordable housing leads to a "brain drain" from our county, curtails the creation and retention of jobs and limits economic expansion in Suffolk.

This Legislature finds and determines that because the County's economic fortunes are inextricably linked with the availability of housing that is affordable for our citizens it is necessary and suitable to consolidate the management of affordable housing programs within the Department of Economic Development, and that such consolidation will lead to a more efficient and coordinated approach to the housing problem.

Therefore, the purpose of this law is to transfer the management and oversight of the County's Affordable Housing and Workforce Housing Programs, as described in Article XXXVI of the Suffolk County Administrative Code, to the County's Department of Economic Development.

It is also the purpose of this law to bring the Community Development Agency (presently administered by the County Executive's office) within the Department of Economic Development, to aid in the development of projects designed to meet urgent community development needs and improve community facilities, principally for persons of low and moderate incomes, and assist with the financing of affordable housing programs.

It is the further purpose of this law to rename the Department of Economic Development the "Suffolk County Department of Economic Development and Workforce Housing" to reflect the Department's new responsibilities and the county's commitment to spur economic growth and affordable housing opportunities.

Section 6. Transition provisions.

A. Any reference to the County Department of Planning or the Commissioner thereof in any other resolution, local law, Charter law, ordinance, rule or regulation of the County of Suffolk or in any state or federal law, rule or regulation in connection with the county's Affordable Housing Program shall be construed in the first instance as reference to the County Department of Economic Development and Workforce Housing or Commissioner thereof, as the case may be, anything in any other laws or regulations to the contrary notwithstanding.

B. Any pertinent positions of employment within the County Department of Planning relating to the Affordable Housing/Workforce Housing Program, and within the Department of the Executive relating to the Community Development Agency shall be abolished and/or transferred to the Department of Economic Development and Workforce Housing, as the case may be, via appropriate resolution, or action on the County Operating Budget, as the case may be, no later than January 1, 2005. Any positions within the Department of Planning and the Department of the Executive, transferred via prior or subsequent appropriate resolution, shall be transferred so as to retain the incumbent individual so employed in that position by the Department to which such position has been transferred by resolution.

C. All County departments shall cooperate fully with the Commissioner of the County Department of Economic Development and Workforce Housing, or his or her designee, in all phases of implementing the provisions of this law.

§ CA-67 Local Law No. 37-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that in 1967, pursuant to Article 43 of the Vehicle and Traffic Law of the State of New York, Suffolk County created a Traffic Safety Board.

This Legislature further finds and determines that the current membership requirements of the Traffic Safety Board are too restrictive to allow for productive operations and do not conform to Article 43 of the Vehicle and Traffic Law of the State of New York.

Therefore the purpose of this law is to change the membership requirements of the Traffic Safety Board to conform to Article 43 of the Vehicle and Traffic Law of the State of New York and allow for more productive operations.

Section 3. Applicability.

This law shall apply to appointments and operations of the Traffic Safety Board subsequent to the effective date of this law.

§ CA-68 Local Law No. 39-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Article II of Chapter 105 of the Suffolk County Code requires a proactive effort to mitigate County liability, something which has not occurred since the inception of that law h 1989.

This Legislature hereby finds and determines that § 139(1) of the New York Highway Law imposes liability on counties for injuries sustained to persons or property in consequence of roads, highways, bridges or culverts being defective, out of repair, unsafe, dangerous or obstructed because of the negligence of the county. Section 139(2) of the New York Highway Law, as interpreted by the courts, authorizes counties to supersede the provisions of § 139(1) by the enactment of a local law to that effect.

This Legislature further finds and determines that § C8-2A of the Suffolk County Charter requiring prior written notice of defective conditions as a predicate to bringing a lawsuit is not as expansive as that allowed under state law. A decision in Volpe v. County of Suffolk highlights the limitations of the County's existing prior notice legislation. In that case, the plaintiff sued for injuries sustained when she fell on a concrete stairway at the Ammerman Campus of Suffolk Community College. The Court denied the County's motion for summary judgment contending lack of prior written notice on the basis that § C8-2A did not specifically enumerate "sidewalks" which has been judicially interpreted to include stairways, in its prior written notice legislation.

This Legislature further finds and determines that expanding the scope of the types of properties subject to the requirement of prior written notice of a defective condition consistent with the New York Highway Law and the New York General Municipal Law is integral to limiting the County's liability for injuries sustained due to alleged defects in those properties. The resultant limitation of liability will also have the effect of reducing the economic burden on taxpayers associated with the costs of litigation and potential awards for damages.

The purpose of this law is to expand the scope of the prior notice of defective condition legislation set forth in § C8-2A of the Suffolk County Charter in order to mitigate County liability as required by Article II of Chapter 105 of the Suffolk County Code and Executive Order No. 17-2004.

Section 3. Applicability.

This law shall apply to all actions and transactions occurring on or after the effective date.

§ CA-69 Local Law No. 41-2004 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that recent amendments to the New York State Sex Offender Registration Act, commonly known as "Megan's Law," permit local law enforcement agencies to release information regarding Level 2 and Level 3 sex offenders.

This Legislature further finds that the protection of children in Suffolk County is a matter of utmost concern to this Legislature and to all residents of Suffolk County.

This Legislature finds and determines that the maximum use of the provisions available under New York State's Megan's Law will benefit Suffolk residents by offering the highest level of protection to our children.

This Legislature also finds that parents must have adequate information to ensure their children's safety from registered sex offenders.

Therefore, the purpose of this legislation is to establish a policy in the County of Suffolk that all notification procedures lawfully available to the residents of Suffolk County will be utilized by Suffolk County law enforcement officials to insure the safety of Suffolk County's children.

Section 3. Rules and regulations.

The Commissioner of the Suffolk County Department of Police is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as he shall deem necessary and appropriate to implement the provisions of this law.

Section 4. Applicability.

This law shall apply to the dissemination of information regarding registered sex offenders occurring on or after the effective date of this law.

§ CA-70 Local Law No. 18-2005 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that there is no more sacred right than the right to vote and for each individual voter to be assured that his or her vote is weighted no less heavily than that of any other individual voter.

This Legislature further finds and determines that in order to assure the value of each individual vote that the Suffolk County Charter provides for a reapportionment process no more often than once in every five years to make appropriate revisions of the boundaries of legislative districts so that they shall contain substantially equal citizen population.

This Legislature also finds that the Suffolk County Charter requires that no later than six months after the publication of the results of a regular federal census or any County-wide special population census which indicates that the districts do not contain substantially equal citizen population that this Legislature shall propose appropriate revisions of the Legislative districts.

This Legislature also finds and determines that the Federal Voting Rights Act of 1965 was passed with the purpose of assuring all American voters an opportunity to participate meaningfully in the political process and to nominate and elect candidates of their choice.

This Legislature also finds and determines that the reapportionment process is often contentious and prolonged.

This Legislature further finds and determines that delays in formulating a legally acceptable reapportionment plan deprives all County residents of this very important right.

Therefore, the purpose of this law is to provide a process in which the reapportionment of legislative districts can be accomplished in a timely and fair manner.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

Section 6. Effective date.

This law shall not take effect until at least 45 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 45 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 24 of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-71 Local Law No. 11-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the purpose of the Council on Environmental Quality (CEQ) is to provide the Legislature with recommendations and advice regarding the environmental impact of proposed Suffolk County projects.

This Legislature also finds and determines that the CEQ, as currently constituted, requires that the members have diverse qualifications.

This Legislature further finds and determines that the present Charter requirements do not mandate that any member of the CEQ represent the interests of environmental protection or historic preservation.

Therefore, the purpose of this law is to amend the required qualifications for membership on the CEQ to ensure that at least one member be a representative of environmental interests and at least one member represent the interests of historic preservation.

Section 3. Applicability.

This law shall apply to all appointments to the Council on Environmental Quality occurring on or after the effective date of this law.

§ CA-72 Local Law No. 13-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Planning Commission makes important decisions regarding land use in the County of Suffolk, the effects of which can impact future generations from the standpoint of environmental protection, transportation, population density, resource allocation, clean air, clean water, public health, economic growth, groundwater protection, smart growth, and balanced development.

This Legislature further finds and determines that balanced, thoughtful, long-term decision-making requires greater diversity of opinion and independence to insulate the Commission from pressures that may emanate from outside forces.

Therefore, the purpose of this law is to change the composition of the Commission in such a manner so as to provide greater diversity in its membership and to ensure an independent, nonpolitical, professional County Planning Commission.

Section 3. Applicability.

A. All appointments to the Suffolk County Planning Commission, in place as of December 31, 2004, shall expire on December 31, 2006 Any appointments made to fill a position terminated under this Paragraph shall be made in accordance with the provisions of Paragraphs (A) and (B) of Section 14-5 of the SUFFOLK COUNTY CHARTER.

B. Any member appointed under this law shall serve through the term of office of the staggered term to which he or she is appointed, be it the full term or the unexpired balance of a hold-over term, as the case may be.

C. This law shall apply to all appointments made to the Suffolk County Planning Commission on or after January 1, 2006.

§ CA-73 Local Law No. 15-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that the County's eminent domain powers are exercised most frequently in connection with highway projects.

This Legislature further finds that empowering the Department of Public Works to perform condemnation and associated appraisal work will expedite important County road projects and achieve greater administrative efficiency.

This Legislature also finds and determines that the first step in this important management initiative was already taken with the creation of a new Appraisals and Condemnation unit within the Department of Public Works' Highway Division in the 2006 adopted county operating budget.

Therefore, the purpose of this law is to authorize the Department of Public Works to perform the County's eminent domain function in connection with highway and other public works projects in conformity with the 2006 operating budget and in furtherance of sound management practices.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-74 Local Law No. 17-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the operation of the print shop by the County Department of Human Resources, Civil Service and Personnel has been transferred to the County Department of Public Works in the adopted 2005 County operating budget in order to provide for economies of scale and administrative efficiencies, since the print shop is physically located in the County Department of Public Works' main office at Yaphank.

Therefore, the purpose of this law is to transfer the functions of the print shop from the County Department of Human Resources, Civil Service and Personnel to the County Department of Public Works, to deal with the operation of the print shop and to handle all print shop issues, in conformity with the 2005 adopted county operating budget.

Section 4. Transition provisions.

A. Any reference to the County Department of Human Resources, Civil Service and Personnel or Director thereof in any other resolution, local law, Charter law, ordinance, rule or regulation of the County of Suffolk or in any state or federal law, rule or regulation in connection with the print shop shall be construed in the first instance as reference to the County Department of Public Works or Commissioner thereof, as the case may be, anything in any other laws or regulations to the contrary notwithstanding.

B. Any positions of employment within the Suffolk County Department of Human Resources, Civil Service and Personnel relating to the print shop shall be abolished and/or transferred to the County Department of Public Works, via appropriate resolution, as of January 1, 2005. Any positions of employment within the Suffolk County Department of Human Resources, Civil Service and Personnel relating to the print shop, transferred via prior or subsequent appropriate resolution, shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the Department of Public Works to which such position has been transferred by resolution.

C. Any reference to the County Department of Human Resources, Civil Service and Personnel in connection with the print shop, in any chapter of the Suffolk County Code, shall be construed as reference to the County Department of Public Works, and any reference in said Code to the Director of said Department in connection with the print shop shall be construed to mean the Commissioner of Public Works, as the case may be.

D. All County departments, offices and agencies shall cooperate fully with the Commissioner of Public Works, or her or his designee, in all phases of implementing the provisions of this Charter law.

Section 5. Transfer of records, property and equipment.

All records, property, and equipment presently associated with and utilized in connection with the powers, functions, and duties to be assigned under this law shall be transferred to the pertinent department and division in a timely fashion.

Section 6. Applicability.

This law shall apply to all actions occurring on or after January 1, 2005.

§ CA-75 Local Law No. 18-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that there exists a Division of Information Services within the Department of Human Resources, Personnel and Civil Service.

This Legislature finds that there exists a Geographic Information System Coordinator in the Department of Planning.

This Legislature finds that our County is in the midst of a rapidly developing and ever-changing information age and that the world wide web, voice and data convergence and other technological advances have opened up vast new possibilities for the use of information.

This Legislature also finds that the County's information and technology resources must be managed with prudence and expertise in order to ensure information technology disaster recovery while maintaining the health, safety, general welfare and economic well-being of Suffolk County residents and its employees.

This Legislature finds that information and technology-related issues involving telecommunications, dissemination of emergency and other general information to the public, day-to-day implementation of the Geographic Information System Committee's operations and recommendations, easy access to geographic information, and easy access to information concerning the availability of County services for County residents and employees require a central focus and full attention through a consolidated Department of Information Technology.

This Legislature also finds that the creation of this new department can be accomplished by consolidating existing personnel transferred from other departments, without expanding the commitment of additional County personnel.

This Legislature determines that elected County officials have a fiduciary responsibility to ensure that taxpayer dollars are prudently and economically spent in the management and dissemination of information and that strategic and tactical solutions are in place for business continuance.

This Legislature further finds that meeting the increasing demand for readily available information and other technological services; utilizing information in the most useful and efficient manner in Suffolk County; responding to critical events and emergencies; and promoting future continued economic growth requires a transfer of responsibility for management of information services and technological services from the County's Department of Human Resources, Personnel and Civil Service and Department of Planning to a newly formed Department of Information Technology.

Therefore, the purpose of this law is to create a County Department of Information Technology so as to best manage the County's technology and information needs and provision of services.

Section 6. Transition and applicability provisions.

A. Section 2 and Section 3 of this law shall apply as of January 1, 2006.

B. Sections 2 and 3 of this law shall apply to all actions occurring on or after January 1, 2006.

C. Any reference to the Division of Information Services in the County Department of Human Resources, Personnel and Civil Service or its Commissioner in any other resolution, local law, Charter law, ordinance, rule, or regulation of the County of Suffolk shall be construed in the first instance as reference to the Suffolk County Department of Information Technology, anything in any other laws or regulations to the contrary notwithstanding.

D. Any pertinent positions of employment within the Division of Information Services in the County Department of Human Resources, Personnel and Civil Service, the Department of Planning and the Office of the County Executive shall be abolished and/or transferred, as the case may be, via appropriate resolution, no later than January 1, 2006, to the new County Department of Information Technology. Any positions of employment transferred via prior or subsequent appropriate resolution shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the department or agency to which such position has been transferred by resolution.

E. All County departments shall cooperate fully with the Commissioner of the County Department of Information Technology, or her or his designee, in all phases of implementing the provisions of this law.

§ CA-76 Local Law No. 19-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that environmental resources are not mere commodities to be exploited and traded. This Legislature hereby recognizes that maintaining the quality and integrity of Suffolk County's environmental resources requires an attitude of reverence towards those resources by all of the people of Suffolk County.

This Legislature further finds that natural resources must be managed with prudence in order to maintain the health and economic well-being of the people of Suffolk County.

This Legislature also finds that its environmental resources constitute an inheritance that must be passed on intact to succeeding generations.

This Legislature determines that Suffolk County's unique environmental and ecological character compels Suffolk County to pursue its own initiatives when necessary in order to protect the integrity and quality of its environmental resources which make Suffolk County attractive to those who live, work and raise a family here; to businesses that are located or relocating here; and to thousands of visitors and tourists each year, whose presence generates enormous economic benefits for the residents of this County.

This Legislature also finds and determines that energy-related issues involving LIPA, Suffolk County Electrical Agency applications for low-cost power at the Federal Regulatory Energy Commission (FERC), and deregulation of the utility industry all require a central focus and full attention through an Energy Department.

This Legislature hereby finds and determines that recent revelations regarding improprieties in Suffolk County land acquisition programs have caused irreparable harm to Suffolk County's nationally acclaimed land preservation programs.

This Legislature further finds and determines that elected County officials have a fiduciary responsibility to ensure that taxpayer dollars are prudently and economically spent in the acquisition or disposition of land so as to avoid favoritism, improvidence, extravagance, fraud, and corruption and to ensure that public moneys are used in the best interest of County taxpayers.

Therefore, the purpose of this law is to create an independent County Department of Environment and Energy: to safeguard the natural resources of Suffolk County; to promote the remediation and redevelopment of Brownfield sites; to conserve energy; to encourage proper solid waste management; to protect farmlands, parklands, open spaces, and ecological resources including, but not limited to, the critical, stressed or endangered environments, ecosystems, and species; to help Suffolk County achieve low cost sources of energy for its consumers and businesses; to establish a professional Division of Real Property Acquisition and Management within the County Department of Environment and Energy with adequate budgetary and management powers to ensure the acquisition and disposition of interests in real property by the County of Suffolk in accordance with the highest standards of conduct; to establish an Office of Cancer Awareness and Environmental Assessment within this Department to coordinate efforts to find the causes of cancer on Long Island and ascertain any links between the environment and incidents of cancer on Long Island; to coordinate the activities of the CEQ with the County Department of Environment and Energy in addition to the County Executive and the County Legislature; and to create an Office of Energy, Division of Water Quality/Environmental Unit, an Office of Farmland Acquisition and Management, and an Office of Recycling and Waste Management in order to focus public attention and County resources on the various environmental issues prevalent on Long Island.

Section 6. Transition and applicability provisions.

A. Section 2 and Section 3 of this law shall apply as of April 1, 2006.

B. Any reference to the Division of Real Estate in the County Department of Planning or its Commissioner or Director in any other resolution, local law, Charter law, ordinance, rule, or regulation of the County of Suffolk or in any state or federal law, rule, or regulation, shall be construed in the first instance as reference to the County Division of Real Property Acquisition and Management in the County Department of Environment and Energy, anything in any other laws or regulations to the contrary notwithstanding.

C. Any pertinent positions of employment within the Division of Real Estate in the County Department of Planning, the County Department of Health Services, the Office of the County Executive, the County Department of Planning, and the County Department of Public Works Water Quality/Environmental Unit shall be abolished and/or transferred, as the case may be, via appropriate resolution, no later than March 31, 2006, to the new County Department of Environment and Energy. Any positions of employment transferred via prior or subsequent appropriate resolution shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the department or agency to which such position has been transferred by resolution.

D. Any reference to the County Division of Real Estate in the County Department of Planning, also referred to as the County Department of Planning, Division of Real Estate, in any chapter of the Suffolk County Code shall be construed as reference to the County Division of Real Property Acquisition and Management in the County Department of Environment and Energy, and any reference in said Code to the Director of said Division shall be construed to mean the Director of the County Division of Real Property Management and Acquisition within the County Department of Environment and Energy, as the case may be.

E. All County departments shall cooperate fully with the Commissioner of the County Department of Environment and Energy, or his or her designee, in all phases of implementing the provisions of this law.

F. Any reference to County Division of Real Estate in the County Department of Planning, also referred to as the County Department of Planning, Division of Real Estate, in Chapter 712 of the Suffolk County Code shall be construed as reference to the County Division of Real Property Acquisition and Management in the County Department of Environment and Energy, and any reference in the Suffolk County Code to the Director of the Division of Real Estate shall be construed to mean the Director of the Suffolk County Division of Real Property Management and Acquisition within the County Department of Environment and Energy, as the case may be. The pertinent offices and employees within the County Department of Environment and Energy shall carry out the duties, functions, and responsibilities of that law.

§ CA-77 Local Law No. 23-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Council on Environmental Quality (CEQ) is comprised of nine members, one of whom is the Chairman of the Suffolk County Legislature's Parks Committee.

This Legislature also finds and determines that when the CEQ was initially formed, the Parks Committee of the Suffolk County Legislature was charged with oversight of environmental issues.

This Legislature further finds and determines that for the past several years, a standing Environment, Planning, and Agriculture Committee of the Suffolk County Legislature was created to oversee environmental issues, land acquisitions, and agricultural matters. This Committee also reviews the CEQ recommendations and determinations and, therefore, it would be more appropriate for the Chairman of the Environment, Planning, and Agriculture Committee to be a voting member on the CEQ.

Therefore, the purpose of this law is to replace the Chairman of the Parks and Recreation Committee with the Chairman of the Environment, Planning and Agriculture Committee as a voting member of the Council on Environmental Quality.

Section 3. Applicability.

This law shall apply to the composition of the Council on Environmental Quality occurring on or after January 1, 2006.

§ CA-78 Local Law No. 28-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that, prior to the County Legislature delegating the authority to approve leases in 1998 to the Airport Lease Screening Committee, the County Legislature reviewed and voted on all leases at the Francis S. Gabreski Airport.

This Legislature further finds and determines that the ultimate decision to allocate space and approve leases should rest with the County Legislature and the County Executive, as it did prior to 1998, with the assistance of the Department of Economic Development and Workforce Housing and the professional airport managers now on its staff.

Therefore, the purpose of this law is to amend the Suffolk County Charter and the Suffolk County Administrative Code to abolish the Airport Lease Screening Committee, to streamline the governmental process of leasing of space at the airport, and to return to County Executive and Legislative scrutiny and approval of all leases at Francis S. Gabreski Airport.

Section 3. Applicability.

This law shall apply to all requests for the lease of space at Francis S. Gabreski Airport pending as of its effective date, and to all requests made on or after its effective date.

§ CA-79 Local Law No. 30-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that pursuant to the Suffolk County Charter, no local law may be enacted unless it has been the subject of a public hearing by the County Legislature.

This Legislature further finds that timely and meaningful public participation is an indispensable element of the County's legislative process.

This Legislature also determines that on several occasions in recent years, the public hearing process has been diminished when major, substantive changes have been made to a proposed local law after the required public hearing was closed. The citizens of Suffolk County were afforded no opportunity to speak for or against the amended version of these local laws before they were acted on by this Legislature.

This Legislature also finds and determines that the failure to allow for public input after proposed legislation has undergone significant revisions is inconsistent with this County Legislature's stated policy and historic tradition of inviting citizen participation.

Therefore, the purpose of this law is strengthen and enhance citizen participation in the legislative process by requiring that a public hearing be reopened if substantial changes are made to a proposed local law after the original public hearing has been closed.

Section 3. Applicability.

This law shall apply to public hearings occurring on or after the effective date of this law.

§ CA-80 Local Law No. 33-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that fiscal impact statements and revenue impact statements must be prepared for all County legislation that has, or may have, a fiscal impact on Suffolk County or any of its political subdivisions.

This Legislature also finds that fiscal impact and revenue impact statements are intended to give this Legislature, and the public at large, an opportunity to thoroughly consider the costs and associated economic effects of proposed legislation before legislative action is taken.

This Legislature further determines that the preparation of fiscal impact and revenue impact statements is sometimes delayed and, as a result, legislation does not always receive the most careful scrutiny prior to its being acted upon.

This Legislature also finds and determines that fiscal impact and revenue statements should be prepared in the early stages of the legislative process to ensure that Legislators and other interested parties have an opportunity to review fiscal information in a timely and careful manner and to request more information if these statements are incomplete or inadequate.

Therefore, the purpose of this law is to require the preparation of fiscal impact statements and revenue impact statements before resolutions, local or charter laws may be discharged from legislative committees.

Section 3. Applicability.

This law shall apply to all local laws and resolutions offered for filing with the Clerk of the Suffolk County Legislature occurring on or after the effective date of this law.

§ CA-81 Local Law No. 35-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the capital program and budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

(1) Repair and maintenance not significantly extending the useful life of an asset;

(2) Dredging projects, $100,000 or less;

(3) Road and equipment repairs;

(4) Roof replacement;

(5) Equipment purchases that may not occur in the same location or department if:

(a) Costs are incurred on annual basis;

(b) Item price is $5,000 or less;

(c) Aggregate cost is less than $25,000; and

(d) Useful life is five years or less;

(6) 9 mm guns; and

(7) Soft body armor vests.

This Legislature also finds and determines that Local Law 6-2002, "A Charter Law to Authorize One-Year Rolling Debt under 5-25-5 Law," was adopted for the purpose of waiving the application of the 5-25-5 Law for a one-year period of time during 2002 in order to deal with the economic dislocation arising out of the September 11 terrorist attack.

This Legislature further finds that Local Law 8-2003, "A Charter Law to Reauthorize One-Year Rolling Debt under 5-25-5 Law;- was adopted to renew the waiver of the application of the 5-25-5 Law for another one-year period of time during 2003 in order to deal with the current fiscal pressures arising out of state-imposed mandates, the aftermath of the September 11 terrorist attack, and sluggish economic growth.

This Legislature further finds that Local Law 15-2004, "A Charter Law to Authorize Two-Year Rolling Debt under 5-25-5 Law to Address Budgetary Shortfall," was adopted to waive the application of the 5-25-5 Law for a two-year period of time in order to deal with an anticipated budget shortfall in 2005.

This Legislature also finds that the County is facing a projected budgetary shortfall in 2007 of $7,990,000 at the current time.

This Legislature further determines that interest rates are really low by historical standards, thereby permitting substitution of low-cost debt for a limited number of recurring expenses during 2006 and 2007 in order to deal with the enormous impact of the anticipated budget shortfall which will require very dramatic action at the federal, state, and local level in order to avoid substantial reductions in service and/or substantial increases in taxes.

The adopted 2006 capital budget extended the 5-25-5 Law to cover items and projects that are not legally required to be paid for from the operating budget in an amount of $15,349,762.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a two-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 Law in order to deal with the anticipated budget shortfall, said bonding to occur simultaneously with the traditional normal bonding of items that are not mandated to be paid for under the 5-25-5 Law.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal years 2006 and 2007.

Section 6. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of § 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-82 Local Law No. 43-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County of Suffolk maintains a Tax Stabilization Reserve Fund as authorized by the New York General Municipal Law.

This Legislature also finds that the County of Suffolk has diligently and consistently increased the Tax Stabilization Reserve Fund over the past several years and the fund's balance now exceeds $100,000,000, an amount sufficient to guard against excessive property tax increases in the future.

This Legislature further determines that even though the Tax Stabilization Reserve Fund is sufficiently funded, Suffolk County Charter § C4-10 mandates that 25% of the County's positive fund balance must be deposited in the Tax Stabilization Reserve Fund and Debt Stabilization Reserve Fund each year.

This Legislature further finds and determines that this Charter provision deprives the County Legislature and the County Executive of needed flexibility in managing the operating budget and unnecessarily restricts the County's ability to return surplus monies to County taxpayers.

This Legislature also finds that restoring to the County Legislature and the County Executive the discretion to manage surpluses will benefit Suffolk County's taxpayers.

Therefore, the purpose of this law is to amend the Suffolk County Charter to allow the County greater flexibility in managing the operating budget and to enhance the County's ability to return surplus monies to taxpayers.

This law shall apply to all County operating budgets enacted on or after the effective date of this law.

§ CA-83 Local Law No. 48-2006 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that §§ C4-6C and 2-12D of the Suffolk County Charter currently obligate the County Executive to submit a written statement with his/her proposed operating budget, the Suffolk County Community College Operating Budget, and Capital Budget identifying the impact the proposal will have on the various County tax funds, real property tax rates in each of the 10 Suffolk towns, and the average tax bill for County taxpayers on a town-by-town basis, while simultaneously obligating the Suffolk County Legislature to submit the same information with every Operating and Capital Budget amendment.

This Legislature further finds that identifying and disseminating this information confuses the public because it results in some towns showing increases and other towns showing decreases in real property taxes, even when the actual budget or amendment may be showing no tax increase on a County-wide basis.

This Legislature further finds and determines that this skewed and distorted information appearing on the written statement confuses the public by creating the impression that the elected officials of the County of Suffolk are misrepresenting the truth on the budgets and budget amendments they propose, submit, and adopt, thereby undermining public confidence in the County budgetary process.

This Legislature further determines that simplifying and clarifying the real property impact statements, to promote a unified County-wide impact, will more accurately reflect the actual impact the proposed budget and budget amendments would have on real property taxes for County Taxpayers; would more accurately reflect the increases and decreases on such taxes; and would eliminate any confusion about what the information on the impact statement means.

Therefore, the purpose of this law is to simplify and clarify the real property tax impact statements for proposed operating and Capital Budgets, and amendments thereto, in order to avoid confusion in the interpretation of information contained on the written impact statement by requiring the statement to reflect the average real property tax bill for the County taxpayer, not the average tax bill or the assessed tax rate in each of the 10 Suffolk towns.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-84 Local Law No. 44-2006 also provided as follow:

Section 1. Legislative intent.

This Legislature hereby finds and determines that, through the enactment of Local Law 37-1989, the County of Suffolk adopted a policy requiring that increases in the capital budget and program during the fiscal year be offset by a corresponding reduction in the capital budget.

This Legislature further finds and determines that the underlying purpose of Local Law 37-1989 was to prevent large, unplanned increases in the capital budget and program during the fiscal year and to maintain County debt and General Fund debt service expenditures at manageable and prudent levels.

This Legislature also finds that Local Law No. 37-1989 has helped the County maintain fiscal discipline in the area of capital spending and enhanced the County's overall fiscal condition.

This Legislature further determines that while Local Law No. 37-1989 has been effective, its failure to make any distinction between general County capital projects and those that are financed by sewer districts is a significant flaw.

This Legislature finds that since sewer district capital project debt is paid by residents of individual sewer districts and is not a General Fund charge, it should be treated separately in the capital budget and program, distinct from the General Fund, Police District Fund and other non-sewer-district funds.

Additionally, this Legislature finds that capital budget increases attributable to the County at large are often offset by reducing sewer district projects. This practice is inconsistent with the spirit and intent of Local Law 37-1989 in that it allows general County debt and debt service to increase with no corresponding reduction in capital projects that are financed through the General Fund.

Therefore, the purpose of this local law is to amend the Suffolk County Charter to mandate a separate presentation and calculation of sewer and non-sewer-district capital projects in the County's proposed and adopted Capital Budget and Program, to prohibit the use of sewer district projects to offset increases in non-sewer-district spending during the fiscal year and to require sewer district offsets when the capital budget is increased to fund sewer district projects.

This law shall apply to all capital budget and program amendments occurring on or after the effective date of this law.

This law shall not take effect until the first day of the first fiscal year after its approval by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of § 34 of the New York Municipal Home Rule Law.

§ CA-85 Local Law No. 14-2007 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the right to vote is sacred and that it is of utmost importance that a reapportionment plan provides for equal weight for all voters of Suffolk County.

This Legislature also finds and determines that the reapportionment process currently set forth in the Suffolk County Charter is often contentious, partisan, and prolonged and that any delays or partisan distortions of Legislative District boundaries caused thereby deprive the County voters of a very important right.

This Legislature further finds and determines that contests to elect County Legislators should be determined by an open and vigorous debate over issues and philosophy rather than by partisan gerrymandering of Legislative District lines.

The purpose of this law is to provide a revised process by which the reapportionment of legislative districts can be accomplished in a timely, nonpartisan, objective, and fair manner through a nonpartisan Reapportionment Commission and to ensure that the outcome of legislative elections is determined by a battle over competing ideas and competing philosophies instead of by the configuration of Legislative District geographical boundaries in competing reapportionment plans.

Section 3. Applicability.

This law shall apply to all actions related to the enactment of reapportionment plans for the Suffolk County Legislature occurring on or after the effective date of this law.

§ CA-86 Local Law No. 24-2007 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Drinking Water Protection Program, which was initially approved in 1987 by the electorate, and then modified by the electorate in 1988, 1993, 1996, and 1998, is due to expire at midnight December 31, 2013.

This Legislature further finds that, over the years, this program has provided moneys for property tax mitigation, funds for revenue-sharing for towns to either acquire land or cap and close landfills, funds for sewer district tax rate stabilization, and moneys for water quality protection programs.

This Legislature also determines that, in order to extend this program without interruption in a smooth and orderly fashion, it will be necessary to conduct another public referendum prior to its expiration, while still allowing sufficient time for approval in a timely fashion.

This Legislature also finds and determines that open space, farmland preservation, land stewardship, and control of invasive plant species are of vital interest and importance to the people of Suffolk County from an economic and quality-of-life standpoint; and that funding water-quality and habitat-restoration initiatives will materially enhance the quality of life for all Suffolk County residents.

This Legislature further finds that, notwithstanding the progress that the County had made in acquiring and saving land, developmental pressures are greater now than ever before, and that more funding is needed by the County due to the ever-increasing values in land coupled with those intense developmental pressures.

This Legislature also finds that Suffolk County's existing inventory of preserved open space must be properly managed and cared for to ensure desired water quality because such management can occur only through proper planning resulting in a Management and Practices Manual serving to guide the Suffolk County Department of Parks, Recreation and Conservation in its stewardship role as one of the nation's largest municipal open space managers.

This Legislature further finds and determines that by extending this program by another 17 years, the County will be able to borrow money now at reduced interest rates, purchase the last vestiges of land available, and pay off its debt service at a later date, all to the benefit of the Suffolk County taxpayers.

Therefore, the purpose of this law is to extend the 1/4% Suffolk County Drinking Water Protection Program for 17 years on a modified basis, to accelerate the land acquisition component therein, and to add a land stewardship component to the law.

Section 4. Applicability.

In the event that the New York State Legislature enacts enabling state legislation prior to November 30, 2007, for the explicit purpose of extending, within the territorial limits of the County of Suffolk, on the terms and conditions set forth in this law, the additional sales and compensating use tax of 1/4 of 1% imposed under Local Law Nos. 40-1987, 35-1988 and 35-1999, and Resolution Nos. 1568-1988 and 650-2000, to the provisions of § 1210-A of the New York Tax Law, and in the event that the County of Suffolk extends, prior to December 31, 2007, by appropriate legislative action within the territorial limits of the County of Suffolk, additional sales and compensating use tax of 1/4 of 1% imposed under Resolution Nos. 1568-1988 and 650-2000, pursuant to the provisions of § 1210-A of the New York Tax Law, then any revenues generated by the extension of the 1/4 of 1% sales and compensating use tax so authorized by appropriate state and local action shall be used for the sole and explicit purpose of paying any and all costs set forth in this law, only in the proportions so set forth, for the period December 1, 2007 through November 30, 2030. In addition, every effort shall be made to apply for every federal, state, and local aid that may be available to support this program.

Section 7. Form of proposition.

The question to be submitted to the electorate pursuant to Section 7 of this law shall read as follows:

Shall Resolution No. 770-2007, Adopting A Charter Law to Extend the Existing Suffolk County 1/4% Sales Tax Drinking Water Protection Program for Environmental Protection, Sewer District Tax Rate Stabilization and County-wide Property Tax Protection from December 31, 2013 to November 30, 2030; To Accelerate the Land Acquisition Component of the Program, by Permitting Borrowing of Up to $322,000,000 Over the Next Four Years Only, With the Cost of This Borrowing to be Repaid from the 1/4% Sales Tax Revenue Stream; To Add a Land Stewardship Component Thereto; and To Allow the Transfer of Development Rights, Be Approved?

Section 8. Effective date.

This law shall not take effect until the first day of the first fiscal year after its approval by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of § 34 of the New York Municipal Home Rule Law. After approval by the electorate, this law, as well as any other law converted into a mandatory referendum pursuant to § 34(4) of the New York Municipal Home Rule Law, by a vote of the County Legislature, may only be amended, modified, repealed, or altered by enactment of an appropriate Charter law subject to mandatory referendum in accordance with prevailing law, except that Section 2 of this law will take effect on December 1, 2007.

Section 9. Conflicting referenda.

In the event that there are other referenda on the ballot, pertaining to or addressing substantially the same issues as are contained in this law, then the provisions of the measure approved by the electorate receiving the greatest number of affirmative votes shall prevail, and the alternative measure, or measures, as the case may be, shall be deemed null and void.

§ CA-87 Local Law No. 30-2007 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Charter provides a procedure for the adoption of local legislation, including vetoes by the County Executive and overrides by the County Legislature.

This Legislature further finds that the procedure established in the Suffolk County Charter for the override of vetoed legislation is inconsistent with that contained in the New York Municipal Home Rule Law.

This Legislature further determines that the process and time frames contained in the state law are more workable and efficient than what is provided for in the Suffolk County Charter.

This Legislature also finds that amending the Suffolk County Charter to conform with the New York Municipal Home Rule will allow the County Legislature to consider vetoed legislation in a smart, common sense manner, without affecting the rights and responsibilities of the County Executive.

Therefore, the purpose of this law is to bring the County's local legislation process into conformity with state law and establish a stronger and more practical process for the consideration of vetoed legislation by the County Legislature.

Section 3. Exemption.

This law shall not apply to resolutions that are related to the adoption of the County's operating budget, capital budget and program and community college budget. The procedures for the veto and override of these resolutions shall continue to be governed by Article IV of the Suffolk County Charter and other applicable provisions of the law.

Section 4. Applicability.

This law shall apply to local laws and resolutions acted upon on or after the effective date of this law.

§ CA-88 Local Law No. 31-2007 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds that, under Article XLII of the County Charter, the Division of Real Property Acquisition and Management within the Department of Environment and Energy is required to maintain a pool of qualified real property appraisers to conduct County appraisals. The Charter and Chapter 712 of the County Code require that these appraisers meet certain minimum requirements, including certification as a New York general real estate appraiser.

This Legislature further finds that there are instances where it is necessary to retain appraisers to provide services that are not strictly related to real property but nonetheless relate to the acquisition or disposition of real property, such as trade fixture appraisers.

This Legislature further finds and determines that there is presently and will be in the future a need by the County for qualified trade fixture appraisers in connection with the acquisition or disposition of real property.

This Legislature also finds that there is no New York State certification or licensing requirements for every type of appraiser, including trade fixture appraisers.

This Legislature also finds that there are instances where the services of professional engineers are necessary in connection with acquisition of property pursuant to the New York Eminent Domain Procedure Law.

Therefore, the purpose of this law is to allow for the retention of trade fixture appraisers and professional engineers by the County in connection with the acquisition and disposition of real property.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-89 Local Law No. 11-2008 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that under the Suffolk County Charter, any appointed member of any board or commission who is absent from four consecutive regular meetings of such board or commission shall be deemed to have vacated his office.

This Legislature also finds and determines that no formal procedure is now in place to insure that the Legislature is notified when a vacancy occurs due to absences or for other reasons, and, therefore, new members are not being appointed in a timely fashion. As a result, some boards and commissions are experiencing difficulty attaining a quorum to conduct business.

This Legislature finds that a formal procedure to notify the Clerk of the Legislature when board and commission vacancies occur will assist in keeping a full complement on the boards and commissions so that they may conduct their business.

Therefore, the purpose of this law is to formalize the notification process when a vacancy occurs on a board, commission, or agency due to four consecutive unexcused absences, or for any other reason.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-90 Local Law No. 13-2008 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the amount of paper used by the Suffolk County Legislature in order to introduce resolutions has increased dramatically in the past several years, with each Legislator often receiving hundreds of sheets of paper when the packet of new resolutions is laid on the table.

This Legislature also finds and determines that the Rules of the County Legislature require that any proposed local law or resolution that is filed with the Clerk of the Legislature must be accompanied by an electronic version of said resolution or local law.

This Legislature further finds and determines that the electronic version of proposed local laws and resolutions is necessary for internal documentation and tracking, but these electronic documents can easily be printed out when necessary.

This Legislature finds that the Clerk of the Legislature is developing a comprehensive bill tracking system that will allow easy access to every proposed bill that is before the Legislature.

This Legislature determines that the County of Suffolk has taken great strides to reduce the amount of unnecessary paperwork, including the passage of the Paperwork Reduction and Regulatory Reform measure (Local Law No. 14-1994), and such efforts should continue to be implemented with the development of new technology.

This Legislature also finds that the first step in reducing the amount of unnecessary paperwork is to define a written local law or resolution as including an electronic version of such a document.

Therefore, the purpose of this law is to allow for the introduction of proposed local laws and resolutions in an electronic format.

Section 3. Applicability.

This law shall apply to the introduction of local laws and resolutions occurring on or after the effective date of this law.

§ CA-91 Local Law No. 17-2008 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that 11.75% of the revenues generated under the Suffolk County Drinking Water Protection Program (Article 12 of the Suffolk County Charter) are dedicated to the Water Quality Protection and Restoration Program and Land Stewardship Initiatives.

This Legislature also finds that the Water Quality Protection and Restoration Program was originally created to fund projects for non-point source abatement and control, agricultural non-point source abatement and control, aquatic habitat restoration and pollution prevention.

This Legislature further determines that Water Quality Protection and Restoration monies, which are also known as Fund 477 monies, have increasingly been used to pay employee salaries with less funds being directed to programmatic expenses and, in certain instances employees paid from the Water Quality Program do no work on water quality projects.

This Legislature also determines that in order to ensure that employee salaries funded through this program are contained and that adequate Fund 477 monies are available for important water quality projects, the County Executive's proposed operating budget should include more detailed information about the use of Fund 477 monies for employee salaries.

Therefore, the purpose of this law is to require the County Executive to include in the proposed operating budget detailed information about the positions in the budget that are funded with Water Quality Protection/Land Stewardship monies.

Section 3. Applicability.

This law shall apply to all operating budgets prepared on or after the effective date of this law.

§ CA-92 Local Law No. 27-2008 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County of Suffolk spends millions of dollars each year leasing space to house various departments and agencies.

This Legislature also finds that the County's process for leasing space should be transparent and strive to encourage competition that produces cost savings for taxpayers.

This Legislature further finds and determines that several County departments have a hand in County leases but, ultimately, all leases must be approved by the County Legislature. Therefore, this Legislature must take the actions necessary to ensure that there is adequate accountability, openness and competition when the County searches for leased space.

Therefore, the purpose of this law is to establish minimum advertising, investigation and reporting requirements when the County of Suffolk undertakes a search for leased space.

Section 3. Applicability.

This law shall apply to leases, lease renewals, licenses and license renewals occurring on or after the effective date of this law.

§ CA-93 Local Law No. 35-2008 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) Repair and maintenance not significantly extending the useful life of an asset;

2.) Dredging projects: $100,000 or less;

3.) Road and equipment repairs;

4.) Roof replacement;

5.) Equipment purchases that may not occur in the same location or department if:

a.) Costs are incurred on annual basis;

b.) Item price is $5,000 or less;

c.) Aggregate cost is less than $25,000; and

d.) Useful life is five years or less;

6.) Nine mm guns; and

7.) Soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant economic downturns.

This Legislature also finds that the County of Suffolk faces the prospect of a budget deficit between $130,000,000 and $150,000,000 in 2009.

This Legislature further determines that interest rates are still low by historical standards, thereby permitting substitution of low cost debt for a limited number of recurring expenses during 2008 and 2009 in order to deal with the impact of the anticipated budget shortfall.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a two-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 Law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal years 2008 and 2009.

§ CA-94 Local Law No. 40-2008 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Article IV of the Suffolk County Charter describes the procedure for the adoption of a capital budget and program by the County of Suffolk.

This Legislature further finds that the 2008 capital budget process revealed a significant flaw in the current capital budget timeline; in order to complete the adoption of the capital budget and program in accordance with the Charter, the County Legislature had to hold two special meetings to consider the override of County Executive vetoes.

This Legislature also determines that the County of Suffolk should adopt a capital budget and program in an orderly fashion and within the framework of the County Legislature's regular meeting schedule.

This Legislature finds and determines that avoiding unnecessary special meetings will result in greater efficiency and cost savings.

Therefore, the purpose of this local law is to amend the timeline for the veto and override of capital budget amendments and, thereby, improve the county's capital budgeting process.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-95 Local Law No. 43-2008 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that commissioners in certain crucial County departments are appointed to fixed terms of office pursuant to provisions of state and local law. The County Executive's appointments to these positions — the Commissioner of the Department of Health Services, the Commissioner of the Department of Social Services, the Personnel Officer in the Department of Human Resources and Civil Service and the Director of the Real Property Tax Service Agency — are subject to approval by the County Legislature.

This Legislature further finds that pursuant to state law, an appointed official may hold-over and continue to discharge his or her duties after the expiration of his or her term until a successor is chosen and qualified.

This Legislature further finds that permitting appointed department heads, who may have lost the support and confidence of the County Legislature, to serve in a hold-over capacity long after their term of office has expired is inconsistent with sound public policy. Further, allowing a lapsed appointee to continue indefinitely in office in the absence of legislative support undermines and weakens the system of checks and balances that is the foundation of our representative form of government.

This Legislature further determines that should a department head fail to attract legislative support for a new term within a reasonable time period, a new candidate should be nominated by the County Executive for consideration by the County Legislature.

Therefore, the purpose of this charter law is to prevent an appointed commissioner or department head from serving indefinitely in a hold-over capacity by requiring the County Executive to offer a new nominee for the post within a reasonable time after the expiration of the official's term.

Section 3. Applicability.

This law shall apply to commissioners and department heads serving in a hold-over capacity on or after the effective date of this law; however, in the case of commissioners or department heads serving in a hold-over capacity on the effective date of this law, the one-hundred-eighty-day period for reappointment set forth in this law shall begin to run on the law's effective date.

§ CA-96 Local Law No. 50-2008 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that a Department of Consumer Affairs is necessary to protect consumers against unfair, deceptive, or fraudulent practices in the marketplace. A well organized and run Department conducts investigations, enforces laws, rules and regulations against companies and people who violate the law. It develops rules to protect and educate consumers and businesses about their rights and responsibilities. It collects complaints about consumer fraud and identity theft and can make them available to law enforcement agencies across the country.

This Legislature further finds and determines that this can best be accomplished as a Department within Suffolk County Government. As a Department, it would be headed by a Commissioner with the power to appoint, within appropriations, a deputy, and staff offices and positions in such a manner that would best facilitate the County's consumer protection laws. As a Department, its Commissioner would also be able to prepare and transmit budget estimates best suited to carry out effective and efficient enforcement of consumer protection laws.

This Legislature further finds and determines that in these troubled economic times a strong and independent Department of Consumer Affairs is more important than ever to assure that those who are at a disadvantage because of the adverse turn of fiscal events are not further preyed upon by price gougers, scam artists and felons looking to make a quick buck off another's financial worries.

Therefore, the purpose of this law is to create within the Suffolk County Government a Department of Consumer Affairs endowed with enough discretion and authority to serve the needs of the residents of Suffolk County by diligent enforcement of consumer protection laws.

Section 6. Effective date.

This law shall not take effect until 60 days after filing with the Secretary of State; provided, however, that if within such 60 days electors of the County, duly registered to vote therein either for the last preceding or the next following general election in number equal to at least 5% of the total number of votes cast in the County for governor at the last gubernatorial election, shall file a petition with the County Clerk protesting against this law, it shall become effective only if approved in conformity with § 34(4) of the New York Municipal Home Rule Law.

§ CA-97 Local Law No. 14-2009 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 37-1989 (codified in §§ C4-13 and C4-21 of the Suffolk County Charter) established a policy which required that any increase in the County's adopted capital budget and program during the fiscal year be offset by a corresponding reduction in the capital budget.

This Legislature further finds that Local Law No. 37-1989 was designed to prevent large, unplanned increases in the capital budget and program and maintain debt and debt service expenditures at manageable and prudent levels.

This Legislature determines that the County of Suffolk tightened the requirements of Local Law No. 37-1989 in 2006 by prohibiting the use of sewer district projects to offset increases for non-sewer district projects.

This Legislature further finds and determines that Local Law No. 37-1989 needs to be strengthened again to stop a fiscally unsound practice whereby federal and state aid included in the capital budget for certain projects is utilized as the required offset for increases in other capital projects.

This Legislature determines that using state and federal aid in this manner is clearly inconsistent with the spirit and intent of Local Law No. 37-1989 in that it allows the County's debt and debt service to increase without providing a genuine corresponding reduction in those costs. The inevitable result is higher debt and bigger debt service payments.

Therefore, the purpose of this law is to amend the Suffolk County Charter to prohibit the use of federal and state aid to offset increases in the County's adopted capital budget and program.

Section 3. Applicability.

This law shall apply to capital budget and program amendments occurring on or after the effective date of this law.

Section 6. Effective date.

This law shall take effect on the 60th day immediately subsequent to filing in the Office of the Secretary of State.

§ CA-98 Local Law No. 19-2009 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County of Suffolk maintains a Tax Stabilization Reserve Fund as authorized by New York General Municipal Law.

This Legislature also finds that the County of Suffolk has diligently and consistently increased the Tax Stabilization Reserve Fund over the past several years, and the Fund's balance now exceeds $100,000,000.

This Legislature also finds that there is a present need to access the Tax Stabilization Fund due to the unanticipated and drastic decline of sales tax revenue and other tax receipts.

This Legislature further finds and determines that Charter § C4-10F(2) requires annual funding of the Tax Stabilization Reserve Fund. This requirement deprives the County Legislature and the County Executive of needed flexibility in managing the operating budget in the current environment of economic volatility.

This Legislature also finds that granting discretion to the County Legislature and the County Executive in replenishing the Tax Stabilization Reserve Fund will benefit Suffolk County taxpayers.

Therefore, the purpose of this law is to amend the Suffolk County Charter to allow the County greater flexibility in managing the operating budget by enlarging the County's discretion to replenish the Tax Stabilization Reserve Fund.

Section 3. Applicability.

This law shall apply to all County operating budgets enacted on or after the effective date of this law.

§ CA-99 Local Law No. 22-2009 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 37-1989, "A Charter Law to Amend Article IV of the Suffolk County Charter in Connection with Limits on Amendments to Capital Budget and Program," was adopted for the purpose of requiring that increases in the capital budget and program during the fiscal year be offset by a corresponding reduction in the capital budget and program.

This Legislature further finds and determines that the purpose of Local Law No. 37-1989 was designed to prevent large unplanned increases in the capital budget and program during the fiscal year and to maintain County debt and General Fund debt service expenditures at manageable levels.

This Legislature further finds that in 1999, the County and the Suffolk County Judicial Facilities Agency ("Agency") each purchased a portion of the John P. Cohalan Court Complex from the Dormitory Authority, with the County's share being 13.6% and the Agency's share being 86.4%. In connection with that purchase, the County and the Agency each issued bonds.

This Legislature further finds that in conjunction with the purchase of that facility, the County entered into a service agreement, an operation agreement, and a tenancy in common agreement with the Agency under which the County makes the facility available to the State of New York and remits annual payments to the Agency that are equivalent to the Agency's debt service payments on the bonds it issued for the purchase of its share of the facility.

This Legislature further finds and determines that, in light of the low interest rates available to the County due to its high credit rating and the approaching call date of the Agency's bonds associated with the facility, the County has a unique opportunity to purchase the Agency's share of the facility and to finance such purchase by the issuance of general obligation bonds of the County at interest rates low enough that the new debt service would be lower than the amounts being paid by the County to the Agency in the form of lease payments.

This Legislature also finds and determines that the proposed transaction will result in savings to the County of approximately $7,300,000 over the remaining life of the aforementioned agreements and the Agency's bonds, including a savings to the County of approximately $5,000,000 for 2009 and 2010.

This Legislature further finds that the aforementioned savings will help to offset continuing losses in sales tax revenues from amounts budgeted which are estimated to be $95,000,000 less than the total amount of sales tax revenues adopted for 2009.

This Legislature further determines that taking advantage of this cost saving measure at present is especially important at a time when the County has already taken several actions to close the projected budget shortfalls through transfers from the tax stabilization reserve fund, obtaining union concessions to reduce costs in 2009, and through other actions that will collectively result in substantial savings to the County.

Therefore, the purpose of this local law is to waive the requirement that increases in the capital budget and program during the fiscal year be offset by a corresponding reduction in the capital budget and program in order for the County to purchase the Agency's share of the John P. Cohalan Court Complex as insufficient reductions are available.

Section 3. Applicability.

This law shall only apply to the County's purchase of the John P. Cohalan Court Complex located in Central Islip, New York.

§ CA-100 Local Law No. 24-2009 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that, pursuant to New York Municipal Home Rule Law, no proposed local law may be enacted unless it shall be in its final form for at least seven consecutive days prior to passage.

This Legislature also finds that the Suffolk County Charter extends this so-called "seven-day rule" to resolutions; but expressly exempts operating and capital budget resolutions from this requirement.

This Legislature further finds that as a practical matter, other types of resolutions (i.e., adopting assessment rolls, levying taxes and assessments) cannot conform to the seven-day rule, and it has been the County's long-time practice to exempt these resolutions from the seven-day aging requirement.

This Legislature also determines that the Suffolk County Charter should be amended to reflect current practices.

Therefore, the purpose of this law is to expressly exempt a small class of resolutions from the seven-day aging requirement set forth in the Suffolk County Charter.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-101 Local Law No. 37-2009 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Charter authorizes the Board of Trustees of Parks, Recreation and Conservation to make policy recommendations with respect to the County's parks, recreation and conservation programs.

This Legislature further finds that in certain critical policy areas, the role of the Park Trustees is more than advisory. All matters "having to do with the regulation, use, fees and charges with respect to parks and recreation facilities" must be referred to the Park Trustees and may only become effective upon their approval.

This Legislature further determines that pursuant to the Suffolk County Charter, the County Legislature is the ultimate policy-making arm of Suffolk County government.

This Legislature also finds that the policy determinations of the County Legislature, which is accountable to the people through direct elections, must take precedence over those promulgated by an appointed Board.

Therefore, the purpose of this law is to amend the Suffolk County Charter to reaffirm the County Legislature's preeminent policy-making role in the area of parks and recreation and to clarify that the Park Trustees' role in this area shall be advisory.

§ CA-102 Local Law No. 39-2009 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that, every 10 years, a Charter Review Commission convenes to examine the Suffolk County Charter and provide recommendations to improve the document.

This Legislature also finds and determines that a Charter Review Commission was organized and convened on February 7, 2008.

This Legislature further finds that the Charter Review Commission met 11 times over the next 14 months to hear testimony and discuss possible changes to the Charter.

This Legislature finds that the Charter Review Commission submitted its report and recommendation to the County Executive and the County Legislature on June 12, 2009, outlining recommended changes to the County Charter.

This Legislature determines that among the recommendations made by the Commission is the elimination of Charter sections that are no longer necessary because the programs they enacted have expired (Save Open Space, Community Greenways), or provisions have been superseded by state law (Public Access to County Records), or provisions have never been implemented (Public Financing of Campaigns), or otherwise become obsolete and irrelevant.

This Legislature also finds that the recommendations provided by the Charter Review Commission are well reasoned and will improve the Charter's organization and clarity by eliminating obsolete provisions.

Therefore, the purpose of this law is to streamline the Suffolk County Charter by implementing certain recommendations of the Charter Review Commission.

Section 4. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-103 Local Law No. 41-2009 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that, pursuant to § C4-31 of the Suffolk County Charter, resolutions amending the budget may be introduced by members of the Legislature four times a year.

This Legislature also finds and determines that, currently, legislative budget amendments may only be laid on the table at the Legislature's first regular meetings in February, May, September and December.

This Legislature further finds that, in practice, budget amendments adopted late in a fiscal year are often not carried out, as there is simply not enough time to complete necessary paperwork and other technical requirements.

This Legislature determines that it would be prudent to move up the months in which budget amendments may be introduced to provide sufficient time to effectuate new budget priorities.

Therefore, the purpose of this law is to amend the Suffolk County Charter to change the meeting dates at which budget amending resolutions may be laid on the table.

§ CA-104 Local Law No. 6-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County of Suffolk has enacted many budgetary reform measures for the purposes of controlling spending and debt, insuring transparency in the budget process and maintaining the County's fiscal stability.

This Legislature also finds that the Suffolk County Charter requires that any spending increase in the County's operating or capital budget during a fiscal year be offset by a corresponding reduction in other appropriations. This requirement helps the County control spending and debt and avoid mid-year budget deficits.

This Legislature also recognizes that the elimination or reduction of budgeted revenues in the middle of a fiscal year can be just as damaging to the County's fiscal health as unplanned increases in spending. Accordingly, this Legislature enacted Local Law 16-2000 which requires that any resolution that proposes to reduce or eliminate County-generated revenue mid-year "must have appended thereto a written statement as to how the loss of revenue shall be accommodated for a period of at least three years."

This Legislature determines that while revenue impact statements help expose the serious consequences of irresponsible mid-year revenue reductions, stronger legislation is required to prevent mid-year revenue reductions that have the potential to damage the County finances and bond rating.

Therefore, the purpose of this local law is to require that any proposed mid-year reduction or elimination of County revenue be offset by corresponding cuts in appropriations and/or increases in other revenues.

Section 3. Applicability.

A) This law shall apply to resolutions and local laws laid on the table on or after the effective date of this law.

B) This law shall not be construed to affect the revenue impact statement requirements set forth in § C2-11(E) of the Suffolk County Charter.

§ CA-105 Local Law No. 10-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Council on Environmental Quality ("CEQ") is an important committee that advises Suffolk County officials on the implementation and compliance with the State Environmental Quality Review Act, as well as other environmental concerns.

This Legislature also finds and determines that there are 11 members on the CEQ, one of whom is the Chairman of the Environment, Planning and Agriculture Committee of the Suffolk County Legislature.

This Legislature further finds and determines that it is unnecessary to require that the Chairman of the Environment, Planning and Agriculture Committee serve on a committee that is advisory to the Legislature.

This Legislature finds that it would be prudent to provide the Chairman of the Environment, Planning and Agriculture Committee with the option of either serving on the CEQ personally or appointing a designee.

Therefore, the purpose of this law is to amend Section C1-3 of the Suffolk County Charter to provide the Chairman of the Environment, Planning and Agriculture Committee with the option of appointing a designee to serve on the Council on Environmental Quality.

§ CA-106 Local Law No. 12-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that, every 10 years, a Charter Review Commission convenes to examine the Suffolk County Charter and provide recommendations to improve the document.

This Legislature also finds and determines that a Charter Review Commission was organized and convened on February 7, 2008.

This Legislature further finds and determines that the Charter Review Commission met 11 times over the next 14 months to hear testimony and discuss possible changes to the Charter.

This Legislature finds that the Charter Review Commission submitted its report and recommendations to the County Executive and the County Legislature on June 12, 2009, outlining 12 recommended changes to the County Charter.

This Legislature determines that among the recommendations made by the Commission was to increase the Ambulance Chiefs Association's representation on the Fire, Rescue and Emergency Services Commission.

This Legislature also finds that the increased representation for Ambulance Chiefs will improve the balance of the Fire, Rescue and Emergency Services Commission, which is predominantly comprised of fire safety professionals.

Therefore, the purpose of this law is to increase the representation of the Ambulance Chiefs Association on the Suffolk County Fire, Rescue and Emergency Services Commission to two members.

§ CA-107 Local Law No. 13-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that it has recognized that portable fire extinguishers and automatic fire extinguishing systems are the first line of defense in the control and extinguishment of fires, and therefore it is essential that these devices be properly installed, regularly inspected, tested, serviced, and repaired to ensure their usefulness and effectiveness when discharged on incipient fires.

This Legislature further finds and determines that the best way to ensure the effectiveness of these devices is to establish professional standards for persons authorized to install and service these devices and the manner in which the installation and servicing must be done.

This Legislature further finds and determines, based upon input from the fire safety community, the code enforcement community, consumers and businesses that nationally recognized industry standards have not been consistently adhered to by all of those involved in the installation and servicing of portable and automatic fire extinguishing systems.

This Legislature further finds that Local Law No. 18-2004, now codified in Article III of Chapter 294 of the Suffolk County Code, controls the servicing of portable fire extinguishers and automatic fire extinguishing systems, but the Department of Fire, Rescue and Emergency Services has recommended that these Code provisions be repealed and replaced with a new law that will better regulate the installation and servicing of these systems in order to better protect the health, safety, and welfare of the residents of Suffolk County.

Therefore, the purpose of this legislation is to repeal Article III of Chapter 294 of the Suffolk County Code and add a new Article III of Chapter 294 of the Suffolk County Code which strengthens and improves the regulation of the installation and servicing of portable fire extinguishers and automatic fire extinguishing systems and to amend other related sections of the Suffolk County Charter and Suffolk County Code.

§ CA-108 Local Law No. 18-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that it would be appropriate for Suffolk County to receive advice from a committee on improving bicycle and pedestrian facilities, including bicycle paths, bicycle lanes, bicycle routes and sidewalks. This will help ensure that the facilities established by the County provide the greatest benefit possible to its residents and the environment.

This Legislature also finds and determines that initiatives to establish these types of facilities on Suffolk County roadways have a positive environmental impact.

This Legislature hereby finds and determines that the Suffolk County Council on Environmental Quality CEQ advises County officials on a variety of environmental issues, including projects relating to new road construction and alterations to existing highway infrastructure.

This Legislature finds that adding the advisory function for recommending bicycle and pedestrian facilities on County roadways to CEQ provides the County with input from a trusted environmental council without the creation of another advisory committee.

This Legislature also finds and determines that bicycle and pedestrian facilities must be implemented on suitable roadways in a coordinated and safe manner.

This Legislature recognizes that these facilities cannot be implemented sporadically and must interconnect with other bicycle and pedestrian facilities or terminate at a defined destination.

This Legislature also finds that the implementation of these facilities is under the purview of the Suffolk County Department of Public Works (SCDPW) and must be done in conformance with standard highway design procedures as outlined in the latest editions of the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" and the New York State Department of Transportation (NYSDOT) "Highway Design Manual."

This Legislature further finds that NYSDOT Region 10 coordinates the bicycle facilities on Long Island and produces a Long Island Bikeways and Trailways Map inclusive of all bicycle facilities (state, county and town) in Suffolk County.

This Legislature also finds that in accordance with the New York State Highway Law sidewalks are the jurisdiction of the local towns.

This Legislature also finds that the Traffic Safety Board has representatives from NYSDOT, SCDPW local towns, and the Suffolk County Police Department and can provide guidance to the suitability for these facilities on County roadways.

This Legislature further recognizes that due to the budgetary and time impacts it may be difficult to implement these facilities into existing ongoing capital programs that have substantially progressed in the planning process.

This Legislature further acknowledges that the implementation of these facilities may require additional roadway right-of-way (ROW) above and beyond what presently exists. If ROW acquisition is required, the cost and time associated with the condemnation of property could be prohibitive.

Therefore, the purpose of this law is to expand the functions of the Council on Environmental Quality to include advising the County on matters pertaining to bicycle routes on County roadways and facilitating bicycle use and pedestrian travel to the extent provide herein.

In this capacity, CEQ shall work with the Traffic Safety Board to identify which County roadways would be good candidates for bicycle and pedestrian facilities. This will result in the development of two maps. The first map will outline those County roadways recommended for the installation of bicycle facilities, and the second map will outline the County roadways recommended for the installation of sidewalks. Upon completion of the maps, SCDPW will incorporate the implementation of these facilities into its capital program, as appropriate.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-109 Local Law No. 20-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that special meetings of the County Legislature may be held upon the direction of the Presiding Officer of the County Legislature, the County Executive or upon a written request signed by a majority of the members of the County Legislature.

This Legislature also finds that the provision for special meetings of the Legislature set forth in the Suffolk County Administrative Code is designed to allow the County Legislature to respond to exigent situations in a timely manner.

This Legislature further finds that while almost every meeting (both regular and special) of the Suffolk County Legislature is held at the legislative auditoriums in Hauppauge and Riverhead, a practice has evolved in recent years whereby the County Executive calls a special meeting for the purpose of giving a State of the County address at a non-County-government location. For most of Suffolk County's history, County Executives delivered this speech to the Legislature at regular legislative meetings.

This Legislature determines that a State of the County speech is not the proper subject of a special legislative meeting, as no official business is conducted by the Legislature at these events.

This Legislature also determines that staging the State of the County speech at a non-County facility, in the framework of a special legislative meeting, leads to an unnecessary waste of taxpayer dollars for security, stenographic expenses, et al.

This Legislature finds and determines that while a County Executive is free to deliver a speech wherever and whenever he or she may choose, there is no logical reason to convene a special meeting of the Legislature when he or she does so.

This Legislature also determines that when the County Executive delivers his annual report to the County Legislature he should do so at a regular meeting of the Legislature in accordance with longstanding practice and simple common sense.

Therefore, the purpose of this law is to protect taxpayer dollars by requiring that special meetings of the County Legislature be conducted at the legislative auditorium in Hauppauge or Riverhead and that the County Executive deliver his annual report to the County Legislature at a regular legislative meeting.

Section 3. Applicability.

This law shall apply to County Executive annual reports and legislative special meetings occurring on or after the effective date of this law.

§ CA-110 Local Law No. 42-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Suffolk County Government's top responsibility and duty is to protect the health and safety of County residents.

This Legislature also finds that, pursuant to the Suffolk County Charter, the Suffolk County Legislature is the policy-making arm of County Government.

This Legislature further finds that in recent years the Commissioner of the Suffolk County Police Department has executed major policy changes that affect law enforcement in Suffolk County without advising, much less seeking input or approval from, members of the Suffolk County Legislature. The most significant policy change was the reassignment of highway patrol duties on the Long Island Expressway and Sunrise Highway from the Suffolk County Police Department to the Suffolk County Sheriff in September 2008.

This Legislature determines that, in the summer of 2009, the Police Department considered other major policy changes, including the dissolution of long-established police units and the further transfer of public safety functions to the Sheriff.

This Legislature also finds that the Legislature's Public Safety Committee has conducted an investigation to determine the rationale underlying the above-described policy shifts. Based on the Police Department's response to legislative subpoenas, it appears that the policy changes and proposals described above were not subjected to rigorous review, analysis and discussion within the Police Department.

This Legislature determines that, while the Legislature does not wish to micromanage the day-to-day operations of the Suffolk County Police Department, it has become apparent that the Legislature must act affirmatively to reassert its Charter-derived policy-making authority in the area of public safety.

This Legislature further finds that before the Police Department transfers a public safety function to another law enforcement agency or simply eliminates a function, the Department should and must obtain legislative approval.

The Legislature further determines that requiring legislative approval for fundamental public safety policy changes will ensure that such changes are adequately reviewed, analyzed and debated before they are enacted.

This Legislature also determines that additional scrutiny and debate of policy change will reassure the public that its safety is, in fact, adequately protected.

Therefore, the purpose of this Charter law is to require that any proposed transfer of a public safety function from the Police Department to another law enforcement agency or the elimination of a Police Department function be approved by the County Legislature before it is enacted.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-111 Local Law No. 43-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Ethics Commission can only be effective if it is independent and insulated from political pressure and influence.

This Legislature further finds that the authority and credibility of the Ethics Commission is undermined when there is even an appearance that the Commission is subject to external forces that affect its independent judgment.

This Legislature finds that historically the Ethics Commission has relied on the Suffolk County Department of Law for legal assistance and advice in conducting its business and making its determinations.

This Legislature determines that the Ethics Commission would be better served by counsel that it appoints directly and which is answerable solely to the Commission.

This Legislature further determines that severing the ties between the Ethics Commission and the Suffolk County Department of Law would strengthen the Commission and enhance its independence and credibility.

Therefore, the purpose of this law is to authorize the Suffolk County Ethics Commission to hire independent counsel to assist the Commission in carrying out its mission.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-112 Local Law No. 48-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby fines and determines that Local Law 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) Repair and maintenance not significantly extending the useful life of an asset;

2.) Dredging projects — $100,000 or less;

3.) Road and equipment repairs;

4.) Roof replacement;

5.) Equipment purchases that may not occur in the same location or department if:

a.) Costs are incurred on annual basis;

b.) Item price is $5,000 or less;

c.) Aggregate cost is less than $25,000; and

d.) Useful life is five years or less;

6.) Nine mm guns; and

7.) Soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant economic downturns.

This Legislature also finds that the County of Suffolk faces a continuing slow down in the economy that could have a negative impact in 2010.

This Legislature further determines that interest rates are still low by historical standards, thereby permitting substitution of low cost debt for a limited number of recurring expenses during 2010 in order to deal with the impact of the anticipated budget shortfall.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a one-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal year 2010.

§ CA-113 Local Law No. 54-2010 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that, in an effort to seek community input and utilize the knowledge and expertise of its residents, Suffolk County has established boards and commissions to perform specific functions and/or advise the County's elected officials on certain issues.

This Legislature also finds and determines that the membership and activities of the County's boards, commissions, task forces and advisory bodies should be open and transparent.

This Legislature further finds and determines that the public has a right to know the identity of persons who serve on County boards and commissions as these individuals may shape the formation of County policies and programs.

This Legislature determines that it would be prudent to require that County officials provide notice of their appointments to boards and commissions to one entity to ensure that this information is readily available to the public.

This Legislature finds that the Clerk of the Suffolk County Legislature can maintain up-to-date records of the membership of County boards and commissions and make such information publicly accessible.

Therefore, the purpose of this law is to require County officials to simultaneously notify the Clerk of the Suffolk County Legislature each time they make an appointment to a board, commission or task force.

Section 3. Applicability.

This law shall apply to all appointments occurring on or after the effective date of this law.

§ CA-114 Local Law Nos. 10-2011 and 15-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that, under Section 2-1 the Suffolk County Charter, the County Legislature "shall determine County policies" and, under Section 2-8 of the Suffolk County Charter, the County Legislature makes appropriations and levies taxes.

This Legislature also finds and determines that, under Sections 3-2 and 3-3 of the Suffolk Charter, the County Executive is the administrative head of County Government who has general supervision over all administrative units of the County, is charged with the obligation and responsibility to execute the policies and mandates of the County Legislature as duly promulgated and enacted by it, and is limited in the discharge of his or her responsibilities in County budgeting, as Chief Budget Officer, to the powers granted in Article IV of the Suffolk County Charter.

This Legislature further finds and determines that, under normal circumstances, the checks and balances between the policy-making legislative branch of government and the management and execution of those policies by the executive branch of government serve the public well by reflecting the collective will of the electorate and avoiding concentrations of power in any one individual or group of individuals.

This Legislature finds that the Office of the County Executive has engaged in administrative action preventing an appointing authority from filling vacant budgeted positions in County Government without the written approval of the County Executive, which action has routinely been exercised by the Office of the County Executive in good and difficult fiscal times.

This Legislature determines that the continuous and routine exercise of this unilateral administrative action by the Office of the County Executive undermines and is detrimental to the checks and balances of County Government.

This Legislature further determines that such action is inimical and contrary to the County Charter which delegates the power to set policy to the County Legislature by legislative enactment and enables the County Executive, acting unilaterally, to frustrate, impair or nullify such duly enacted legislation and the underlying policies which such enacted legislation was intended to establish, promote and protect.

This Legislature finds that the longstanding practice of the Office of the County Executive to take unilateral administrative action in the arena of budgeting for the personnel who deliver the public services demanded and expected by the electorate is a matter of great concern to the Legislature and to the electorate residing within this County.

This Legislature also determines that this frustration, impairment and nullification of County policy by the unilateral administrative action of the Office of the County Executive results in questionable and uncertain County budgeting whereby positions of employment are created in the annual County Operating Budget to carry out and implement legislatively enacted policies but, in practice, are rarely filled or are filled at levels below what is budgeted for the implementation of those specific County policies.

This Legislature also finds that such unilateral administrative action by the Office of the County Executive results in disruption and the inefficient and avoidable expenditure of taxpayer funds by the appointing authority who may be required to reassign personnel or Incur overtime due to the aforesaid exercise of County Executive unilateral action.

This Legislature also finds that the budgeting of such policies creates a public expectation that what is provided for in the Adopted Annual County Operating Budget will actually occur, the failure of which such occurrence unfairly causes the public to believe it was mislead and deceived by the actions of its policy makers, thereby eroding public confidence in County institutions and its elected officials due to the County Executive's practice of creating illusory payrolls that are often never used and for which policy-making County Legislators are unfairly blamed.

This Legislature, being aware of the New York State Court of Appeals holding in a case entitled Caputo, Romaine, and Catterson v. Halpin., 78 N.Y.2d 117, which determined, among other things, that the Suffolk County Charter and Administrative Code established and conferred implied powers to the County Executive to unilaterally approve or disapprove the filling of vacant positions, adopts this law amending the County Charter with the express and explicit intention and purpose of eliminating, removing and abolishing any implied power that the Court believed may have existed under the current County Charter with respect to the budgeting of certain positions of employment in the Adopted County Operating Budget.

This Legislature declares that, by the enactment of this Charter amendment, it shall be the policy of the County that the County Executive does not have any implied power to take any unilateral administrative action that prevents the filling of certain budgeted positions of employment in the Adopted County Operating Budget.

This Legislature finds that decisions regarding the filling of budgeted positions shall be made by the County of Suffolk acting through its co-equal branches of government via duly enacted resolution of the County of Suffolk.

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This Legislature also finds that the aforesaid unilateral practice by the Office of the County Executive to nullify the filling of budgeted County positions of employment is particularly and unacceptably disruptive and detrimental to the mission and the day-to-day operations of offices supervised and managed by the Countywide elected officials.

Therefore, the purpose of this law is to preclude the practice of creating illusory County payrolls; to reaffirm the supremacy of the County Legislature as the policy-making body of County government; to more precisely and clearly state those budgetary powers granted to each of the two co-equal branches of County Government by the County Charter with respect to appropriations, revenues, and personnel; to extinguish any implied power by the County Executive to take unilateral administrative action that prevents an appointing authority from filling certain budgeted positions of employment or which freezes the hiring of personnel to occupy certain budgeted positions of employment contained in the Adopted County Operating Budget all without increasing any expenditure of County funds beyond what was approved in the pertinent County Operating Budget.

Section 2. 

Definitions.

As used in this law, the following terms shall have the meanings indicated:

A) "ADEQUATE APPROPRIATIONS" shall mean the amount of appropriations certified by the Legislative Office of Budget Review as sufficient to compensate the person being contemplated to fill a budgeted position for that person's services, including any and all fringe benefits, for a stated or defined period of time, calculated as of the effective date of the Adopted County Operating Budget.

B) "APPOINTING AUTHORITY" shall mean the County-wide elected official possessing the legal authority and power to appoint subordinate positions in his or her department under New York State and Suffolk County Law.

C) "ADOPTED COUNTY OPERATING BUDGET" shall mean all of the appropriations and all of the revenues contained in the Suffolk County Expense Budget in effect on January 1 of the pertinent fiscal year.

D) "DEPARTMENT" shall mean any unit, office or agency of County Government created by the SUFFOLK COUNTY CHARTER or by Suffolk County Local Law, the head of which is elected by the voters of Suffolk County on a County-wide basis, other than the Office of the County Executive.

E) "POSITION" shall mean any title, office, or employment involving an aggregation of duties to be performed and responsibilities to be exercised by one person authorized in a department's portion of the Adopted County Operating Budget, the incumbent of which is to be chosen in accordance with the New York Civil Service Law and Suffolk County Civil Service Rules for the competitive jurisdictional class or any title, office or employment involving an aggregation of duties to be performed and responsibilities to be exercised by one person authorized in a department's portion of the Adopted County Operating Budget, the incumbent of which is to be chosen for the competitive jurisdictional class but who has not yet received permanent competitive status by Suffolk County or who is to be chosen for the non-competitive, exempt, or unclassified jurisdictional classes, other than elected officials or department heads, all in accordance with the New York Civil Service Law and Suffolk County Civil Services Rules.

F) "PUBLIC EMERGENCY" shall mean a declaration issued by the County Executive to the County Legislature, in writing, identifying an event that has arisen out of or been caused by a sudden unforeseen occurrence or disaster such as a hurricane, fire, tornado, flood, blizzard, explosion, airplane crash, earthquake, nuclear war, radiological emergency, war, terrorist act, civil unrest or disobedience, act of God, or comparable event.

Section 4. 

Applicability.

A. In the event that there is a conflict with, or inconsistency between, any of the provisions of this law and any provisions of any other section of the Suffolk County Charter or the Suffolk County Administrative Code with respect to the filling of position by the appointing authority of a department, then the provisions of this law shall govern and control in each such case.

B. This law shall apply to any actions occurring on or after the effective date of this law with respect to any Adopted County Operating Budget in effect on or after the effective date of this law.

Section 7. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the Office of the Secretary of State.

§ CA-115 Local Law No. 16-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Council on Environmental Quality ("CEQ") is an advisory board that assists the County of Suffolk in implementing and complying with the State Environmental Quality Review Act ("SEQRA").

This Legislature finds that the County of Suffolk enacted a local law in 2002 requiring CEQ to maintain verbatim minutes of all its meetings.

This Legislature finds that it is not necessary under New York's Open Meetings Law for any public body to maintain verbatim minutes of their meetings.

This Legislature further finds that CEQ must hire a court reporting company to provide verbatim minutes of its meetings.

This Legislature further determines that there is no compelling rationale for CEQ to maintain verbatim minutes of its meetings.

This Legislature also finds that tax dollars can be saved by eliminating the unnecessary requirement that CEQ maintain verbatim minutes.

Therefore, the purpose of this law is to eliminate the requirement that CEQ maintain verbatim minutes of its meetings.

Section 3. Applicability.

This law shall apply to the meetings of the Council on Environmental Quality occurring on or after the effective date of this law.

§ CA-116 Local Law No. 25-2011 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the Suffolk County Charter empowers the County Legislature to oversee and investigate the performance of the various departments, offices and agencies of Suffolk County Government.

This Legislature also finds that certain County departments and functions are also subject to oversight and regulation by the federal or state government; however, this Legislature is often unaware of the reports, audits and findings produced by these agencies.

This Legislature also determines that the County Legislature can exercise its oversight authority more effectively and institute necessary changes in County Government in a more timely manner if it has ready access to the information produced by state and federal agencies.

Therefore, the purpose of this law is to require all County departments, offices and agencies subject to federal or state oversight, to forward copies of reports, audits and findings generated by these entities to the Suffolk County Legislature.

Section 3. Exemptions.

The provisions of this law shall not apply to any document or record which cannot be disclosed pursuant to federal or state law, or to any document or record, which if disclosed, would interfere with a law enforcement investigation or a judicial proceeding.

Section 4. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-117 Local Law No. 32-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County of Suffolk owns and operates the 264-bed John J. Foley Skilled Nursing Facility ("Foley Facility") in Yaphank.

This Legislature also finds that the County Executive has, for several years, tried to sell the Foley Facility to a private operator.

This Legislature determines that in 2010, following issuance of a Request for Proposals, the County Executive proposed a sale of the Foley Facility to Kenneth Rozenberg. However, the County Legislature rejected the resolution authorizing the sale in December, 2010.

This Legislature also determines that the County Executive, anticipating the lack of support for the Foley sale, failed to include discretionary appropriations in his proposed 2011 operating budget sufficient to operate the Foley Facility past the end of March, 2011. During the budget amending process, the Legislature failed to muster the 2/3 vote necessary to restore full year funding for Foley.

This Legislature further finds that on March 8, 2011, the County Legislature passed a new resolution approving the sale of Foley to Kenneth Rozenberg, to avoid the consequences of closing the facility, including the displacement of hundreds of patients and the certain layoff of hundreds of employees.

This Legislature also finds and determines that subsequent to the Legislature's action approving the sale of the Foley Facility, Kenneth Rozenberg advised the County that he was cancelling the sale and demanded return of his down payment.

This Legislature finds and determines that with no willing purchaser and a restraining order in place barring the closure of the Foley Facility, the County of Suffolk has no choice but to amend the 2011 operating budget so that Foley's operations can be funded through the end of 2011.

This Legislature further determines that closing the Foley Facility is an unacceptable alternative as it will devalue the asset, uproot patients, and put several hundred employees on the unemployment roll.

This Legislature further finds that operating the Foley Facility through the end of 2011 will allow the County of Suffolk to explore other options for the facility, including a public-private partnership at Foley.

This Legislature further finds that while the County's 2011 operating budget is extremely tight, there is $18 million of unexpended mandated appropriations in Foley's 632 Fund. This money was earmarked in the budget to pay off Foley's outstanding bonds in anticipation of a sale or closure. If Foley remains open, those appropriations can and should be used to fund Foley's operations for the rest of the year.

This Legislature also finds that in order to transfer the $18 million to fund Foley, the County must waive a provision in the Charter that bars the transfer of appropriations from the mandated portion of the operating budget to the discretionary portion.

Therefore, the purpose of this law is to approve a one-time waiver of the Charter section that bars mandated-to-discretionary transfers so that the County of Suffolk can fund the operations of the John J. Foley Skilled Nursing Facility and adequately serve the patients in its care.

Section 3. Applicability.

This law shall only apply to the transfer of appropriations in Fund 632 of the 2011 adopted operating budget, in order to operate the John J. Foley Skilled Nursing Facility in 2011.

§ CA-118 Local Law No. 38-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 14-2007 established an entirely new process for the reapportionment of legislative districts following a federal census. Most significantly, Local Law No. 14-2007 called for the creation of a nonpartisan Reapportionment Commission to recommend new legislative boundaries to reflect population changes within the County.

This Legislature further determines that Local Law No. 14-2007 is flawed in that it imposes unrealistic timelines on the Reapportionment Commission to propose, and on the County Legislature to adopt, a plan to revise legislative boundaries.

This Legislature finds that reapportionment is a complex task that cannot be satisfactorily accomplished within the arbitrary, compressed timeframes established by Local Law No. 14-2007.

This Legislature further finds that new legislative district boundaries need to be in place for the 2013 elections and, therefore, it is unnecessary to rush the reapportionment process.

This Legislature also finds that it is prudent to give the newly created Reapportionment Commission sufficient time and resources to complete their assigned task.

Therefore, the purpose of this law is to establish a new, workable timeline for the proposal and adoption of a County legislative reapportionment plan.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-119 Local Law No. 39-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Department of Health Services, in conjunction with the Suffolk County Water Authority, is updating the County's Comprehensive Water Resources Management Plan ("Comprehensive Plan").

This Legislature further finds that the primary goal of the Comprehensive Plan is to protect the County's sole source aquifer and its surface waters.

This Legislature also determines that once adopted, the Comprehensive Plan will guide future resource protection efforts and management decisions.

This Legislature finds that the management decisions arising out of the adoption of the Comprehensive Plan will have significant environmental, health, and economic implications.

This Legislature finds and determines that the Comprehensive Plan may recommend several major policy shifts, including the establishment of a maximum allowable density of one acre in all groundwater management zones and tighter restrictions on the transfer of development rights between zones.

This Legislature finds that the Department of Health Services and the Board of Health may choose to implement these important policy changes, either administratively or through amendments to the County's Sanitary Code.

This Legislature further finds that policy decisions that are likely to have major impacts on the lives of County residents, should be subject to review by the County Legislature, which is an elected body and the designated policy-making arm of County government.

Therefore, the purpose of this local law is to require that the Suffolk County Department of Health Services and the Board of Health receive legislative approval prior to enacting, by administrative action or amendments to the Sanitary Code, any policy changes arising out of the updated Comprehensive Water Resources Management Plan.

Section 3. Applicability.

This law will apply to actions occurring on or after the effective date of this law.

Section 6. Effective date.

This law shall take effect 30 days after its filing in the Office of the Secretary of State.

§ CA-120 Local Law No. 44-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Suffolk County Drinking Water Protection Program earmarks the revenues generated by the specially authorized one-quarter cent sales and compensating use tax to acquire environmentally sensitive properties; to provide for a water quality protection program and land stewardship initiatives; for County-wide property tax relief; and for sewer taxpayer protection.

This Legislature further finds that the revenues generated for sewer taxpayer protection go into the Assessment Stabilization Reserve Fund ("ASRF"). The monies in this fund are used to stabilize taxes within the County's 22 existing sewer districts. Monies in the ASRF are also used to first instance fund capital improvements in the County's existing sewer districts.

This Legislature also determines that the current sewer taxpayer protection program has succeeded in stabilizing taxes in existing districts, but it is not designed to assist in the construction of new wastewater treatment infrastructure or to facilitate the creation of new County sewer districts.

This Legislature finds that there is a clear need for additional sewering in Suffolk County; sewers will help protect the County's underground drinking water supply and facilitate economic development and job creation.

This Legislature determines that the ASRF has grown in recent years. The Budget Review Office estimates the Fund's balance will exceed $154 million by the end of 2011.

This Legislature further determines that as there are sufficient monies in the ASRF to keep sewer district taxes stable over the next decade the County's Drinking Water Program should be amended to permit the use of excess reserve fund monies for new sewer and water protection projects and to allow areas outside the existing sewer districts to benefit from such projects. Additionally, a portion of those excess monies should be used to provide short-term tax relief.

Therefore, the purpose of this law is to authorize the use of excess monies in the ASRF to fund sewer infrastructure and sewage treatment plants, and the installation of enhanced nitrogen removal septic systems throughout Suffolk County, including in areas outside the boundaries of the County's 22 existing sewer districts, and to provide temporary property tax relief.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

Section 6. Effective date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the Office of the Secretary of State.

§ CA-121 Local Law No. 47-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that in 2008 the County Legislature authorized General Code Publishers to perform a complete analysis of the Laws of Suffolk County and to recommend necessary changes to the Laws.

This Legislature also finds that General Code Publishers has completed its review and recommended several technical changes to the Suffolk County Charter.

Therefore, the purpose of this law is to amend the Suffolk County Charter to incorporate the changes recommended by General Code Publishers.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-122 Local Law No. 53-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 14-2007 established a non-partisan Reapportionment Commission to recommend new legislative boundaries to reflect population changes within the County.

This Legislature also finds and determines that Local Law No. 14-2007 provides that there shall be one chairperson of the Reapportionment Commission.

This Legislature further finds and determines that the Commission should have two Chairpersons, one appointed from among the members selected by the Majority Leader of the Legislature and one from among the members selected by the Minority Leader, to ensure the efficient, non-partisan functioning of the Commission.

This Legislature finds that Local Law No. 14-2007 prohibits the appointment of any individual who has held partisan elective office in the previous 10 years. This provision has proven to be unduly burdensome and restrictive, particularly in regards to finding qualified judges to serve on this Commission.

This Legislature finds that former judges should only have to be five years removed from their tenure in office to be eligible for appointment to the Reapportionment Commission.

Therefore, the purpose of this law is to amend Section C2-3 of the Suffolk County Charter to require that there be two Chairpersons of the Reapportionment Commission and to allow former judges to be eligible for appointment to the Commission five years after leaving elected office.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-123 Local Law No. 56-2011 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that an ethics law cannot succeed without an effective board to oversee and enforce conflict of interest rules and financial disclosure requirements.

This Legislature also finds that in order to be effective an ethics board must at all times maintain, in perception and reality, its independence and impartiality.

This Legislature determines that in the past several years, the Suffolk County Ethics Commission has been embroiled in controversy. Initially, questions were raised in the media and elsewhere about the Commission's application of the County's financial disclosure law. Later, the Commission frustrated the Legislature's oversight function when they failed to provide records the Legislature had requested and then initiated a court proceeding to quash subpoenas issued by a special legislative oversight committee.

This Legislature further finds that legislation has been introduced in the County Legislature that would update the County's ethics and financial disclosure laws.

This Legislature also determines that it would be appropriate and prudent to constitute a new board to implement the revised conflict of interest rules and financial disclosure requirements.

This Legislature recognizes that ethics boards, in general, must necessarily conduct their business in a way that protects confidential information from public disclosure. Nevertheless, the new ethics board created by this law must operate in the most transparent manner possible.

Therefore, the purpose of this law is to abolish the existing Ethics Commission and to establish a new independent Board of Ethics that will be responsible for enforcing the County's revised ethics and disclosure laws.

Section 4. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

Section 7. Effective date.

This law shall take effect 90 days after its filing in the Office of the Secretary of State.

§ CA-124 Local Law No. 16-2012 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds that a strong economic base is the foundation upon which the future of Suffolk County is built and in order to provide for a prosperous and thriving economy, the County must foster and nurture the growth of every aspect of the economic development of this County.

This Legislature also finds that because economic development and planning is of paramount importance for the growth of Long Island, and those functions are so closely associated with land use, land development, and the environment, that all five functions should be consolidated into one department.

This Legislature further finds that it is in the best interest of this County to create the Department of Economic Development and Planning and transfer all of the functions of the Department of Planning to this department due to the structural budget challenges the County faces as a result of decreased sales tax revenue and increased expenses.

This Legislature determines that the creation of this new department will not only centralize the responsibility for economic development, planning, land use, land development, and the environment into one department, but will enable the County to better meet the needs of its diverse, complex, and ever-changing economy and communities in which its residents live.

This Legislature also finds and determines that all County elected officials have a fiduciary responsibility to ensure that taxpayer dollars are prudently and economically spent. This Legislature also has a fiduciary responsibility to ensure that public moneys are used in the best interest of County taxpayers, and by consolidating these five functions, these responsibilities are being met.

Therefore, the purpose of this law is to create the Department of Economic Development and Planning and to transfer the functions of the Department of Planning into this newly created department.

Section 5. Transition and applicability provisions.

A.) This law shall apply to all actions occurring on or after the effective date of this law.

B.) Any reference to the Department of Environment and Energy in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Department of Economic Development and Planning and any reference to the Commissioner of the Department of Environment and Energy in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Commissioner of the Department of Economic Development and Planning.

C.) Any reference to the Division of Real Estate in the County Department of Planning, also referred to as the County Department of Planning, Division of Real Estate, in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule, or regulation of the County of Suffolk or in any other state or federal law, rule, or regulation, shall be construed to mean reference to the County Division of Real Property Acquisition and Management in the Department of Economic Development and Planning, and any reference to the Director of the Division of Real Estate in the County Department of Planning or the County Department of Planning, Division of Real Estate, in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule, or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Director of Real Estate of the Division of Real Property Acquisition and Management in the Department of Economic Development and Planning, anything in any other laws or regulations to the contrary notwithstanding.

D.) Any reference to the Department of Planning in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Department of Economic Development and Planning and any reference to the Commissioner or Director of the Department of Planning in any other resolution, local law, charter law, chapter of the Suffolk County Code, rule, or regulation of the County of Suffolk or in any state or federal law, rule, or regulation, shall be construed to mean the Commissioner of the Department of Economic Development and Planning, anything in any other laws or regulations to the contrary notwithstanding.

E.) Any reference to the Division of Real Property Acquisition and Management in the County Department of Environment and Energy in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the County Division of Real Property Acquisition and Management in the Department of Economic Development and Planning, and any reference to the Director of the Division of Real Property Acquisition and Management in the County Department of Environment and Energy in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Director of Real Estate of the Division of Real Property Acquisition and Management in the Department of Economic Development and Planning, anything in any other laws or regulations to the contrary notwithstanding.

F.) In the event the term "Department" is defined as the Department of Planning in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, such definition shall be construed to mean the Suffolk County Department of Economic Development and Planning.

G.) All County departments shall cooperate fully with the Commissioner of the County Department of Economic Development and Planning, or his or her designee, in all phases of implementing the provisions of this law.

§ CA-125 Local Law No. 17-2012 also provided as follows.

Section 1. Legislative intent.

The Suffolk County Legislature finds and determines that, with certain exceptions, the Suffolk County Administrative Code currently requires a person entering County service to have his or her residence within the County of Suffolk, and to maintain such residence during the person's entire term of County service.

The Suffolk County Legislature further finds that it is in the best interest of Suffolk County to encourage an expansive range of individuals to seek County employment.

The Legislature finds that broad Suffolk County employee residency requirements will result in attracting a diverse number of applicants for employment and also serve to attract qualified applicants for "difficult-to-fill" positions within County government.

The Legislature further finds that employment residency requirements are material to the sound administration of Suffolk County government; therefore they are best set forth in a Charter law.

Therefore, the purpose of this law is to enact a Charter law establishing the residency requirements for Suffolk County employment, consistent with the powers granted to a Charter county pursuant to New York Municipal Home Rule Sections 33 and 34 relating to the structure of charter county government and the way it is to function.

Section 4. Applicability.

Subdivision (B)(2) of this law shall apply to any person entering, or currently in, County service on or after the effective date of this law. All other sections of this law shall apply to any person entering County service on or after the effective date of this law.

§ CA-126 Local Law No. 22-2012 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that no local law or resolution may be enacted by the County Legislature unless the law or resolution has aged in its final form for at least seven calendar days, exclusive of Sunday, prior to its passage. This aging requirement is known colloquially as "the seven day rule."

This Legislature further finds that the Suffolk County Charter currently provides that the seven day aging clock begins to run when a law or resolution is laid on the table at a regular meeting of the Legislature.

This Legislature determines that in exigent circumstances, it is sometimes necessary and desirable to lay bills on the table at special meetings of the Legislature.

This Legislature also finds that there is no state statute that would prevent the County Legislature from laying bills on the table at special legislative meetings.

Therefore, the purpose of this law is to amend the County Charter to permit local laws and resolutions to be laid on the table at special meetings of the County Legislature.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-127 Local Law No. 28-2012 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 14-2007 established a new process for the reapportionment of legislative districts following a federal census. Most significantly, Local Law No. 14-2007 called for the creation of a non-partisan Reapportionment Commission to recommend new legislative boundaries to reflect population changes within the County of Suffolk.

This Legislature further finds that Local Law No. 14-2007 required the majority and minority leaders of the County Legislature to appoint an eight member Commission, consisting of four retired judges, two representatives recommended by organizations committed to the principles of voters' rights and/or public policy and two representatives of minority organizations.

This Legislature finds that while Local Law No. 14-2007 was enacted with the best of intentions, the process it established for redrawing legislative boundaries was seriously flawed.

This Legislature finds and determines that the County of Suffolk passed two laws in 2011 to correct deficiencies contained in Local Law No. 14-2007 in an attempt to salvage the Reapportionment Commission. Despite these efforts, the reapportionment process established by Local Law No. 14-2007 has proven to be unworkable.

This Legislature finds that the Reapportionment Commission not only missed its revised February 1, 2012 deadline to propose a reapportionment plan to the County Legislature, the Commission has barely begun the task of redrawing legislative boundaries.

This Legislature determines that the Commission is still not fully constituted and that several Commission appointees do not meet the qualifications for appointment set forth in Local Law No. 14-2007.

This Legislature further finds that Local Law No. 14-2007 provides that the County Attorney must seek a Special Master to devise a redistricting plan in the event the Reapportionment Commission fails to complete its task in a timely manner.

This Legislature finds that it is simply unacceptable and undemocratic to have a court impose new legislative district boundaries while the Suffolk County Legislature — the people's elected representatives — has no opportunity to participate in this fundamental governmental function.

This Legislature recognizes that action must be taken to prevent an unelected federal judge from redrawing legislative district boundaries.

Therefore, the purpose of this law is to amend the Suffolk County Charter to ensure that the County Legislature plays a role in reapportioning legislative districts in Suffolk County.

Section 4. Applicability.

This law shall apply to the reapportionment process undertaken in connection with the 2010 federal census and all reapportionment processes occurring thereafter.

§ CA-128 Local Law No. 34-2012 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) repair and maintenance not significantly extending the useful life of an asset;

2.) dredging projects - $100,000. or less;

3.) road and equipment repairs;

4.) roof replacement;

5.) equipment purchases that may not occur in the same location or department if:

a.) costs are incurred on annual basis;

b.) item price is $5,000 or less;

c.) aggregate cost is less than $25,000.00; and

d.) useful life is five (5) years or less;

6.) 9 mm guns; and

7.) soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant economic downturns.

This Legislature also finds that the County of Suffolk faces severe budget difficulties in 2012 as a result of this downturn and resulting slow recovery.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a one-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal years 2012.

Section 6. Effective date.

This law shall not take effect until at least sixty (60) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within sixty (60) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-129 Local Law No. 42-2012 also provided as follows.

Section 1. Legislative intent.

This Legislature finds that population changes demonstrated by the 2010 official federal census make it necessary to reapportion County legislative districts.

This Legislature further finds that the County Legislature is empowered by the Suffolk County Charter to adopt a reapportionment plan.

This Legislature further finds that the reapportionment plan set forth herein conforms with all constitutional and statutory requirements in that it provides substantially equal representation for the voters of Suffolk County; provides substantially fair and effective representation for the people as organized in political parties; and creates districts that are of convenient and contiguous territory in as compact a form as is practicable.

Therefore, the purpose of this law is to adopt a reapportionment plan, as authorized by the Suffolk County Charter, for the County's legislative districts that ensures fair and equitable representation for all the people, constituencies and communities of Suffolk County.

Section 3. Errors and omissions.

If the districts described herein do not carry out the purposes thereof because of unintentional omissions, duplications, overlapping areas, erroneous nomenclature, lack of adequate maps or descriptions of political subdivisions, or other divisions thereof, or of their boundary lines, street closings, changes in names of streets, or other changes of public places, alteration of the boundary or courses of water or waterways, filling in of lands under water, accretion or other changes in shorelines, or alteration of courses, rights-of-way, or lines of public utilities or other conditions, the County Clerk shall, at the request of any person or candidate aggrieved thereby, by order, correct such omissions, overlaps, erroneous nomenclature, or other defects in the description of districts so as to accomplish the purposes and objectives of this Charter law.

Section 4. Applicability.

The County Legislative Districts created by this law shall be filled at the general election to be held in the first odd numbered year subsequent to the effective date of this law.

§ CA-130 Local Law No. 45-2012 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that a new Board of Ethics was formed under Local Law No. 56-2011, codified at Article XXX of the Suffolk County Charter and Article XXX of the Suffolk County Administrative Code, and that a new Ethics and Accountability law was adopted via Local Law No. 55-2011, codified at Chapter 77 of the Code of Suffolk County.

This Legislature further finds and determines that the new Board was recently fully constituted with a total of five members.

This Legislature further finds and determines that the Board has reviewed the Code and the Charter provisions and determined that certain transitional provisions and efficiencies need to be added to the Charter so that the Board may effectively carry out its duties.

Therefore, the purpose of this law is to amend the Suffolk County Charter to add transitional provisions and efficiencies that will allow the Board to effectively carry out the duties with which it has been entrusted under the law.

Section 3. Applicability.

This law shall have retroactive applicability and apply to all actions occurring on or after March 28, 2012.

Section 6. Effective Date.

This law shall take effect immediately upon filing with the Office of the Secretary of State.

§ CA-131 Local Law No. 50-2012 also provided as follows.

Section 1. Legislative Intent.

This Legislature finds that the County currently has a Division of Medical-Legal Investigations and Forensic Sciences within the Department of Health Services, which is headed by the Chief Medical Examiner.

This Legislature determines that the Division of Medical-Legal Investigations and Forensic Sciences coordinates with several law enforcement agencies, including the Suffolk County Police Department, the Sheriff's Office and the District Attorney, to provide essential information associated with ongoing investigations.

This Legislature also finds that currently, the Division of Medical-Legal Investigations and Forensic Sciences reports to the Department of Health Services.

This Legislature further finds and determines that, to ensure a competent, professional examination of forensic scientific evidence and deceased individuals, the County needs a department which specializes in forensic sciences.

This Legislature further finds that, due to the sensitive nature of its work and its importance to the County, the Division of Medical-Legal Investigations and Forensic Sciences should be established as an independent office.

Therefore, the purpose of this law is to establish an independent Office of the Medical Examiner in the Suffolk County Charter.

Section 4. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-132 Local Law No. 2-2013 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds that in order to create a solid economic foundation for the growth of Suffolk County, it is important to create a healthy business environment while protecting consumers from unfair and deceptive business practices.

This Legislature further finds that the roles of the Department of Labor and the Department of Consumer Affairs balance each other, each promoting the goal of a fair and vibrant marketplace for businesses and consumers.

This Legislature further finds that since the functions of these two departments complement each other, it would be in the best interest of the County to combine the departments to create a single department, the purpose of which would be to promote the health, safety, and economic well-being of both business and the public through job training and development, occupational and consumer regulation, licensing, and enforcement.

This Legislature determines that the creation of this new department will centralize the responsibility for business establishment and regulation, creating a "One-Stop" hub for job development, skill enhancement, consumer protection, and industry regulation.

This Legislature also finds that the combination of these two departments would allow the County to craft a better match between the needs of job-seekers and the needs of the business community by designing, among other things, customized job training courses with input from the business community.

This Legislature also finds and determines that all County elected officials have a fiduciary responsibility to ensure that taxpayer dollars are prudently and economically spent and that this Legislature has a fiduciary responsibility to ensure that public moneys are used in the best interest of County taxpayers.

This Legislature finds that by consolidating the functions of these departments, the Legislature is meeting its responsibility to prudently utilize resources in the best interest of County taxpayers.

This Legislature finds that it is in the best interest of this County to create the Department of Labor, Licensing and Consumer Affairs, and to transfer all of the functions of the Department of Consumer Affairs and the Department of Labor to this department due to the structural budget challenges the County faces as a result of decreased sales tax revenue and increased expenses.

Therefore, the purpose of this law is to create the Department of Labor, Licensing and Consumer Affairs and to transfer the functions of the Department of Consumer Affairs and the Department of Labor into this newly created department.

Section 4. Transfer of Personnel, Records, Property, and Equipment.

Those employees in the Department of Consumer Affairs and the Department of Labor who are employed in positions in those departments and the divisions thereof on the effective date of this article and have duties to be performed by the Department shall be transferred to the Department subject to the provisions of the NEW YORK CIVIL SERVICE LAW and Rules of the Department of Human Resources, Personnel, and Civil Service.

All records, property and equipment currently associated with and utilized in connection with the powers, functions and duties of the Department of Consumer Affairs and the Department of Labor shall be transferred to the Department of Labor, Licensing and Consumer Affairs.

Section 6. Transition and Applicability Provisions.

A.) This law shall apply to all actions occurring on or after the effective date of this law.

B.) Any reference to the Department of Labor or Labor Department in any other resolution, local law, charter law, ordinance, chapter of the SUFFOLK COUNTY CODE, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Department of Labor, Licensing and Consumer Affairs and any reference to the Commissioner of the Department of Labor in any other resolution, local law, charter law, ordinance, chapter of the SUFFOLK COUNTY CODE, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Commissioner of the Department of Labor, Licensing and Consumer Affairs, anything in any laws or regulations to the contrary notwithstanding.

C.) In the event the term "Labor" is referenced as the Department of Labor in any other resolution, local law, charter law, ordinance, chapter of the SUFFOLK COUNTY CODE, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, such reference shall be construed to mean the Department of Labor, Licensing and Consumer Affairs.

D.) Any reference to the Department or Office of Consumer Affairs or Consumer Affairs in any other resolution, local law, charter law, ordinance, chapter of the SUFFOLK COUNTY CODE, rule, or regulation of the County of Suffolk or in any other state or federal law, rule, or regulation, shall be construed to mean reference to the Department of Labor, Licensing and Consumer Affairs, and any reference to the Commissioner or Director of Consumer Affairs in any other resolution, local law, charter law, ordinance, chapter of the SUFFOLK COUNTY CODE, rule, or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Commissioner of the Department of Labor, Licensing and Consumer Affairs, anything in any other laws or regulations to the contrary notwithstanding.

E.) All County departments shall cooperate fully with the Commissioner of the County Department of Labor, Licensing and Consumer Affairs, or his or her designee, in all phases of implementing the provisions of this law.

§ CA-133 Local Law No. 4-2013 also provided as follows.

Section 1. Legislative Intent.

This Legislature finds and determines that the County of Suffolk adopted a legislative district reapportionment plan which became effective upon its filing in the Office of the Secretary of State on August 17, 2012.

This Legislature further finds that a group of citizens from the Town of Babylon have initiated a legal action against the County of Suffolk challenging the County's reapportionment plan, specifically the County's determination to move the 90th Election District from the 15th Legislative District to the 17th Legislative District.

This Legislature also finds that very minimal modifications to the adopted reapportionment plan would address the specific objections raised by the plaintiffs in this lawsuit.

This Legislature further finds that returning the 90th Election District to the 15th Election District would allow the Hamlet of Wheatley Heights to retain its character as a unified community.

This Legislature finds that amending the adopted reapportionment plan as set forth herein will produce a plan that conforms with all constitutional statutory requirements in that it would provide substantially equal representation for the voters of Suffolk County; provides substantially fair and effective representation for the people as organized in political parties; and creates districts that are of convenient and contiguous territory in as compact a form as is practicable.

Therefore, the purpose of this law is to make minor changes to the County's adopted reapportionment plan to ensure that the County's legislative district map provides fair and equitable representation for all the people, constituencies and communities of Suffolk County.

Section 3. Errors and Omissions.

If the districts described herein do not carry out the purposes thereof because of unintentional omissions, duplications, overlapping areas, erroneous nomenclature, lack of adequate maps or descriptions of political subdivisions, or other divisions thereof, or of their boundary lines, street closings, changes in names of streets, or other changes of public places, alteration of the boundary or courses of water or waterways, filling in of lands under water, accretion or other changes in shorelines, or alteration of courses, rights-of-way, or lines of public utilities or other conditions, the County Clerk shall, at the request of any person or candidate aggrieved thereby, by order, correct such omissions, overlaps, erroneous nomenclature, or other defects in the description of districts so as to accomplish the purposes and objectives of this Charter law.

Section 4. Applicability.

The County Legislative Districts as established by Local Law No. 42-2012 and amended by this law shall be filled at the general election to be held in the first odd numbered year subsequent to the effective date of this law.

§ CA-134 Local Law No. 6-2013 also provided as follows.

Section 1. Legislative Intent.

This Legislature finds that addressing liability and workers' compensation issues often requires knowledge of the intricacies of the various state laws governing these complex matters.

This Legislature further finds that the Suffolk County Department of Law is well-versed in both areas creating an opportunity for better oversight and direction in numerous areas where the legal process is involved.

This Legislature finds that in light of its expert knowledge and in order to impose more efficiencies, controls and accountability, the Division of Risk Management within the County Department of Human Resources, Personnel and Civil Service should be transferred to the Department of Law.

Therefore, the purpose of this law is to transfer the Suffolk County Division of Risk Management from the Suffolk County Department of Personnel, Human Resources and Civil Service to the Suffolk County Department of Law.

Section 3. Transfer of Risk Management.

(A) In order to effectuate the amendments contained in this law, the Division of Risk Management within the Suffolk County Department of Human Resources, Personnel and Civil Service is hereby transferred to the Suffolk County Department of Law and those employees in the Division of Risk Management within the Suffolk County Department of Human Resources, Personnel and Civil Service who are employed in positions in that Division on the effective date of this law shall be transferred to the Suffolk County Department of Law subject to the provisions of the New York Civil Service Law and Rules of the Department of Human Resources, Personnel, and Civil Service.

(B) All records, property and equipment currently associated with and utilized in connection with the powers, functions and duties of the Division of Risk Management within the Suffolk County Department of Human Resources, Personnel and Civil Service shall be transferred to the new Division of Insurance and Risk Management within the Suffolk County Department of Law.

Section 4. Severability.

If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Section 5. Transition and Applicability Provisions.

(A) This law shall apply to all actions occurring on or after the effective date of this law.

(B) Any reference to the Division of Risk Management within the Suffolk County Department of Human Resources, Personnel and Civil Service in any other resolution, local law, charter law, ordinance, chapter of the Suffolk County Code, rule or regulation of the County of Suffolk or in any other state or federal law, rule or regulation, shall be construed to mean reference to the Division of Insurance and Risk Management within the Suffolk County Department of Law, anything in any laws or regulations to the contrary notwithstanding.

(C) All County departments shall cooperate fully with the Suffolk County Attorney, or his or her designee, in all phases of implementing the provisions of this law.

§ CA-135 Local Law No. 9-2013 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Chapter 388 of the 2012 Laws of the State of New York authorizes the County of Suffolk to establish a Traffic and Parking Violations Agency to assist the Suffolk County District Court in the disposition and administration of traffic and parking violations.

This Legislature further finds that a new Traffic and Parking Violations Agency can administer and dispose of traffic and parking violations in a more efficient manner and provide fiscal relief to Suffolk County's Government and taxpayers.

Therefore, the purpose of this law is to establish a Suffolk County Traffic and Parking Violations Agency.

Section 3. Implementing provisions.

A. Agency Funding. The County Legislature may appropriate the monies which, in the Legislature's sole discretion, are necessary for the compensation of those persons selected to serve as Executive Director and traffic prosecutors and to cover all other expenses associated with the administration of the Agency.

B. Staffing. All employees, with the exception of judicial hearing officers and traffic prosecutors, will be in positions previously approved by the Suffolk County Legislature as part of the salary and classification plan.

C. Notification. The Clerk of the Suffolk County Legislature is hereby directed to notify New York State's Legislative Bill Drafting Commission when this local law is filed in the Office of the Secretary of State.

Section 4. Applicability.

Notwithstanding that the Agency is authorized to commence operations not sooner than April 1, 2013, this law shall apply to all actions on or after the effective date of this law and to all actions otherwise taken heretofore related to the establishment, maintenance and operation of the Agency.

§ CA-136 Local Law No. 18-2013 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the County of Suffolk contracts with hundreds of not-for-profit contract agencies each year to deliver services to Suffolk County residents.

This Legislature further finds that in the current economic climate, the County of Suffolk must carefully scrutinize contract agencies to ensure they are using County tax dollars efficiently to deliver services.

This Legislature also finds that Local Law No. 9-2001 requires contract agencies to provide the Department of Audit and Control with financial information, including the compensation they pay their employees. The goal of Local Law No. 9-2001 is to alert County officials to instances where a disproportionate share of a contract agency's funding is being used to pay salaries and other administrative expenses.

This Legislature further determines that the Suffolk County Comptroller has advised this Legislature that Local Law No. 9-2001 has proven to be unworkable and ineffective.

This Legislature also finds that a new financial disclosure framework that allows County departments and elected officials to evaluate the performance of contract agencies in systematic and timely matter must be established.

Therefore, the purpose of this law is to repeal Local Law No. 9-2001 and replace it with a new financial disclosure regimen for contract agencies.

Section 4. Applicability.

This law shall apply to actions occurring on or after January 1, 2013.

§ CA-137 Local Law No. 24-2013 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law No. 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) repair and maintenance not significantly extending the useful life of an asset;

2.) dredging projects - $100,000 or less;

3.) road and equipment repairs;

4.) roof replacement;

5.) equipment purchases that may not occur in the same location or department if:

a.) costs are incurred on annual basis;

b.) item price is $5,000 or less;

c.) aggregate cost is less than $25,000; and

d.) useful life is five years or less;

6.) 9 mm guns; and

7.) soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant economic downturns.

This Legislature also finds that the County of Suffolk continues to face severe cash-flow difficulties in 2013 as a result of the slow economic recovery.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a one-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 Law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal year 2013.

Section 6. Effective Date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the NEW YORK MUNICIPAL HOME RULE LAW and upon filing in the office of the Secretary of State.

§ CA-138 Local Law No. 29-2013 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that with certain limited exceptions, employees of the County of Suffolk are required to be residents of the County at the time their employment begins.

This Legislature also finds that the Suffolk County Charter presently authorizes this Legislature to enact resolutions that waive the County's residency restrictions for a one-year period.

This Legislature also finds that it is unclear under the Charter's current language whether a nonresident may be employed prior to the adoption of a resolution authorizing a waiver.

This Legislature also finds that nonresidents should not be placed on the County payroll until such time as the County Legislature has authorized a waiver of residency requirements.

This Legislature also determines that the Charter should be amended to clarify that the authority of the Classification and Salary Appeals Board to issue residency waivers is limited to those persons who are already employed by the County of Suffolk.

Therefore, the purpose of this law is to amend the Suffolk County Charter and clarify the process by which the residency requirement for County employment may be waived.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

Section 6. Effective Date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the NEW YORK MUNICIPAL HOME RULE LAW and upon filing in the Office of the Secretary of State.

§ CA-139 Local Law No. 40-2013 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the County and its Agencies and Departments routinely apply for and receive grant funding from the state and federal government.

This Legislature further finds and determines that the period of time between an initial grant application and the County's acceptance and appropriation of grant funding is often lengthy.

This Legislature further finds that the New York State Comptroller has recently warned that a municipality's failure to timely process grant awards may result in forfeiture of said awards.

This Legislature further determines that it is necessary for the County to take appropriate steps to shorten the time period between the initial application for grant funding and the acceptance and appropriation of funds awarded in order to mitigate the risk of forfeiture.

Therefore, the purpose of this law is to amend the Suffolk County Charter to expedite the acceptance and appropriation of grant funding by permitting immediate legislative consideration of resolutions to accept and appropriate grant funds.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-140 Local Law No. 1-2014 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the County of Suffolk adopts an operating and capital budget each year.

This Legislature also finds that the adopted operating and capital budgets reflect the fundamental policy and budgetary choices of Suffolk County government.

This Legislature determines that the County's budgets should be readily available to, and accessible by, the public reasonably soon after their final adoption.

Therefore, the purpose of this law is to require the Division of the Budget to publish the County's adopted operating and capital budgets on-line by a date certain each year.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-141 Local Law No. 9-2014 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law No. 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) repair and maintenance not significantly extending the useful life of an asset;

2.) dredging projects - $100,000 or less;

3.) road and equipment repairs;

4.) roof replacement;

5.) equipment purchases that may not occur in the same location or department if:

a.) costs are incurred on annual basis;

b.) item price is $5,000 or less;

c.) aggregate cost is less than $25,000; and

d.) useful life is five (5) years or less;

6.) 9 mm guns; and

7.) soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant economic downturns.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a one-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal year 2014.

Section 6. Effective Date.

This law shall not take effect until at least sixty (60) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within sixty (60) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the Office of the Secretary of State.

§ CA-142 Local Law No. 14-2014 also provided as follows.

Section 1. Legislative Intent.

This Legislature finds and determines that the Office of the Chief Medical Examiner has been vacant since approximately September, 2013.

This Legislature further finds and determines that it is has been difficult to recruit a new Chief Medical Examiner and other medical professionals to the Office of the Medical Examiner. The County has had to significantly increase the compensation package to attract applicants for the position of Chief Medical Examiner. Similar upward adjustments in compensation also had to be made to attract medical professionals to staff other positions within the Office of the Medical Examiner.

This Legislature further finds and determines after a nationwide search for a Chief Medical Examiner, a qualified professional was found to hold the office of Chief Medical Examiner but only upon condition of a higher compensation package and appointment to a full six-year term.

This Legislature further finds that the Office of Chief Medical Examiner is a local office and that under the home rule powers vested in the County, the term of the Office of the Chief Medical Examiner was set for a six-year term, however, no provision was made relating to filling a vacancy when the Office becomes vacant other than by expiration of the term.

Therefore, the purpose of this law is to amend the Charter relating to the term of office for the Office of the County Medical Examiner to provide for filling of vacancies when the Office becomes vacant other than by expiration of the term so that a new appointee can be appointed to fill a full six-year term.

Section 3. Applicability.

This local law shall apply to all actions occurring on or after the effective date of this law.

§ CA-143 Local Law No. 23-2014 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the County of Suffolk has enacted several laws and resolutions that govern the sale and/or disposal of surplus County personal property.

This Legislature further finds the County's rules for disposing of surplus personal property should be consolidated and clarified for the purposes of extending the useful life of the surplus property and maximizing the economic return to County taxpayers.

Therefore, the purpose of this law is to consolidate and clarify the County's procedures for disposing of surplus personal property.

Section 4. Applicability.

This law shall apply to disposing of surplus personal property occurring on or after the effective date of this law.

§ CA-144 Local Law No. 26-2014 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the County of Suffolk is grappling with serious financial challenges, including recurring budget deficits.

This Legislature further finds and determines that, while elected officials are periodically informed of changes in the County's fiscal outlook, there is no set schedule for regular updates on the County's financial standing.

This Legislature finds that the County's finance and budget officers should meet on a quarterly basis to discuss current and potential financial challenges, strategies to address such challenges, and changes to the County's fiscal condition to ensure that all stakeholders are on the same page.

This Legislature also finds that these periodic reports will foster open and honest discussion among the County's elected officials.

This Legislature further finds that the existing Joint Audit Committee, which chooses the independent certified public accountant to audit the County's financial statements, should be given the added responsibility of reviewing the County's fiscal condition and making a report of its findings to the County Legislature.

Therefore, the purpose of this law is to empower and authorize the Joint Audit Committee to periodically review the County's fiscal status and report its findings to the County Legislature.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-145 Local Law No. 31-2014 also provided as follows.

Section 1. Legislative Intent.

This Legislature finds and determines that Local Law No. 24-2007, a charter law extending and accelerating the Suffolk County 1/4% Drinking Water Protection Program for environmental protection known as the Suffolk County Drinking Water Protection Program, was adopted by the County and approved by the voters of Suffolk County.

This Legislature also determines that the Sewer Assessment Stabilization Reserve Fund (hereinafter referred to as "Assessment Stabilization Reserve Fund" or "Reserve Fund") is a component of the Drinking Water Protection Program. A large fund balance in the Assessment Stabilization Reserve Fund (Charter § C12-2D) prompted the Legislature to adopt Local Law No. 44-2011 without voter approval to authorize the use of excess monies in the Reserve Fund for sewer infrastructure and sewage treatment plants, the installation of enhanced nitrogen removal septic systems throughout Suffolk County, and to provide general property tax relief.

This Legislature also determines that the Drinking Water Protection Program is essential to the well-being of the County's drinking water supply, and it is in the best interest of the County's residents to preserve the sanctity of the Program to secure significant environmental and public health benefits.

This Legislature also determines that approximately $29,400,000 was utilized pursuant to Local Law No. 44-2011 for general property tax relief via payments made to the County's bonded indebtedness reserve fund and/or the retirement contribution reserve fund.

This Legislature also determines that an enhanced water quality protection program of $29,400,000 for projects throughout the County is critical to the well-being and quality of life of the residents of this County. It will utilize an amount of money otherwise slated for the Assessment Stabilization Reserve Fund balance to fund programs with significant environmental and public health benefits intended by the Drinking Water Protection Program. For this reason, the County will authorize, issue, appropriate and expend $29,400,000 in serial bonds.

This Legislature also determines that Local Law No. 44-2011 has a 2013 sunset provision for the use of the Assessment Stabilization Reserve Fund (defined herein below at § C12-2[D]) balance for property tax relief, but that the County should still have as many tools at its disposal as possible to battle fiscal emergencies. The County, therefore, should allow itself the option of utilizing the excess balance in the Reserve Fund, via appropriate resolution, should the need arise to provide short-term County property tax relief beyond 2013 to Fiscal Year 2017.

This Legislature also determines that if any Reserve Fund balance is utilized for property tax relief, the County should obligate itself in the recommended and adopted mandated portion of the operating budget to return such sums used to the Reserve Fund via a specific budget line commencing in 2018.

This Legislature also determines it is in the best interests of the residents of this County to have general property tax relief, reduce nitrogen pollution in groundwater and to protect the County's aquifer and wetlands.

Therefore, the purpose of this Charter law is to accomplish these goals by:

1. authorizing an extension of the sunset period to 2017 on the County's ability to continue to provide general property tax relief with the excess Reserve Fund balance;

2. mandating a budget line in the recommended and adopted operating budget to restore monies transferred from the Reserve Fund in 2014, 2015, 2016 and 2017 commencing in 2018;

3. continuing the funding for sewer infrastructure, sewage treatment plants, and the installation of enhanced nitrogen removal septic systems throughout Suffolk County; and

4. creating a new 2014 Enhanced Suffolk County Water Quality Protection Program funded via the issuance of $29,400,000 of serial bonds to acquire by fee, lease or easement interests in land for environmental restoration and protection projects, or to acquire by fee, lease or easement interests in land to protect and/or enhance groundwater.

Section 3. Applicability.

This local law shall apply to all budgetary actions approved for, or occurring during any fiscal year beginning with January 1, 2014 and in all subsequent fiscal years.

Section 6. Effective Date.

This law shall not take effect until it has been approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of Section 34 of the New York Municipal Home Rule Law and has been filed in the Office of the Secretary of State.

Section 7. 

Form of Proposition.

The proposition to be submitted at the next general election, shall be in the following form:

Resolution No. _____-2014 A Charter Law Amending the 1/4% Suffolk County Drinking Water Protection Program (DWPP) For Enhanced Water Quality Protection, Wastewater Infrastructure And General Property Fund Tax Relief For Suffolk County

Resolution No. _____-2014, is a Charter Law that:

i. Extends the sunset period found in Local Law No. 44-2011 from 2013 to 2017 to allow the use of the excess Assessment Stabilization Reserve Fund balance for deposits to reserve funds for the payment of County bonds or retirement contributions to provide general property tax relief;

ii. Mandates, commencing in County Fiscal Year 2018 and continuing through Fiscal Year 2029, the restoration of funds allocated from the Assessment Stabilization Reserve Fund in 2014, 2015, 2016 and 2017;

iii. Allows the use of excess Assessment Stabilization Reserve Fund Balances to fund sewer infrastructure, sewage treatment plants, and the installation of enhanced nitrogen removal septic systems throughout Suffolk County;

iv. Authorizes the County to issue $29.4 million in serial bonds for a 2014 Enhanced Suffolk County Water Quality Protection Program.

The phrase 'excess Assessment Stabilization Reserve Fund Balance' means balances in the sewer rate stabilization component of the DWPP greater than needed for sewer district tax rate stabilization only in those instances in which the pertinent sewer district will experience an increase in rates of at least 3% in the aggregate.

Shall Resolution No. _____-2014 be approved?

Section 8. Conflicting Referenda.

In the event that there are other referenda on the ballot, pertaining to or addressing substantially the same issues as are contained in this law, then the provisions of the measure approved by the electorate receiving the greatest number of affirmative votes, shall prevail, and the alternative measure, or measures, as the case may be, shall be deemed null and void.

§ CA-146 Local Law No. 32-2014 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds that, under the present organization of Suffolk County government, Suffolk County finances are administered by two separate departments headed by two independently elected officials, i.e., the County Comptroller and County Treasurer, which offices interact regularly.

This Legislature further finds and determines that the respective roles of the County Treasurer and County Comptroller in directing the cash management administration for Suffolk County and exercising the auditing, borrowing, and appropriation control functions of the County have been divided in such a manner as to splinter the financial management duties of the County of Suffolk.

This Legislature further finds that structural reforms will implement economies of scale and cut spending. Enactment of this local law will help to reduce costs to the County on a recurring basis by surgically striking spending via the elimination of working unit overlap.

This Legislature further finds that a transfer of the functions and responsibilities of the Department of Finance and Taxation to a unified Department of Audit and Control will result in cash savings to the County and more efficient financial management through consolidation of functions, streamlining of operations, increased and improved application of computerization, more accurate and timely cash-flow analysis and the coordination and cooperation inherent in a unified operation.

This Legislature further determines that the consolidation of fiscal functions in the Department of Audit and Control will help ensure and promote the fiscal integrity of the County while enhancing effective administration and monitoring of financial activities.

Therefore, the purpose of this law is to transfer and consolidate the functions of the Department of Finance and Taxation within the Department of Audit and Control.

Section 3. Transition and Implementation Provisions.

[Amended 6-2-2015 by L.L. No. 26-2015]

A.) This law shall be implemented as follows:

1.) The County Department of Finance and Taxation, the elected Office and position of County Treasurer, the positions of Chief Deputy County Treasurer, Deputy County Treasurer, and consistent with Civil Service Law §§ 41 and 42, shall all be abolished as of midnight, December 31, 2015. The elected Office and position of County Treasurer shall not be filled in the election of 2017 and in any subsequently held election. The individual currently serving as the County Treasurer shall serve until December 31, 2015. The functions of the Department of Finance and Taxation shall merge and be incorporated with the Department of Audit and Control January 1, 2016.

2.) Except as otherwise set forth in this section, any positions of employment within the Suffolk County Department of Finance and Taxation shall be abolished and/or transferred, as the case may be, via appropriate resolution amending the Suffolk County Salary and Classification plan, as of January 1, 2016, to the Department of Audit and Control. Any positions of employment that have not been abolished shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the new office or department to which such position is transferred.

3.) The County Executive, County Treasurer and the County Comptroller are hereby authorized, empowered, and directed to take such actions as shall be necessary to transfer, integrate, and consolidate the functions of the Department of Finance and Taxation into the Suffolk County Department of Audit and Control, including, but not limited to, cost reductions consistent with the consolidation of the two departments.

4.) Any reference in any provision of any resolution, ordinance, Charter law, or local law of the County of Suffolk, the Suffolk County Tax Act, any other general or special law of the State of New York and any federal law, rule or regulation to the County Treasurer subsequent to December 31, 2015 shall be construed as a reference to the County Comptroller. Any such resolution, ordinance, Charter law, or local law of the County of Suffolk is hereby so amended.

5.) Any reference in any provision of any resolution, ordinance, Charter law, or local law of the County of Suffolk, the Suffolk County Tax Act, any other general or special law of the State of New York and any federal law, rule or regulation to the County Department of Finance and Taxation subsequent to December 31, 2015 shall be construed as a reference to the Department of Audit and Control. Any such resolution, ordinance, Charter law, or local law of the County of Suffolk is hereby so amended.

6.) The Department of Finance and Taxation shall transfer all files and records to the Suffolk County Department of Audit and Control no later than December 31, 2015.

7.) All County departments shall cooperate fully in implementing the provisions of this law.

Section 4. Form of Proposition.

The proposition to be submitted at the next general election, pursuant to § 9 of this law, shall be in the following form:

Resolution No. _____-2014 A Charter Law to Consolidate Financial Management Functions in the County Department of Audit and Control

"Resolution No. _____-2014, is a Charter Law that proposes to transfer and consolidate the functions of the Department of Finance and Taxation into the Department of Audit and Control, headed by a County Comptroller elected from the general population. If approved, this Resolution will eliminate the existing office of County Treasurer and consolidate all powers and duties of the Treasurer in the office of the County Comptroller, effective January 1, 2018.

Shall Resolution No. _____-2014 be approved?"

Section 5. Applicability.

A.) The County Department of Finance and Taxation, the elected Office and position of County Treasurer, the positions of Chief Deputy County Treasurer and Deputy County Treasurer shall remain in existence through December 31, 2015. The elected Office and position of County Treasurer shall not be filled in the election of 2015 and in any subsequently held election. The individual currently serving as the County Treasurer shall serve until December 31, 2015.

[Amended 6-2-2015 by L.L. No. 26-2015]

B.) This local law shall apply to all actions occurring on or after the effective date of this law.

Section 6. Limitations on Term of Office.

This law, if approved by the voters of Suffolk County, shall not be construed as amending, limiting or abridging the limitations on terms of office set forth in § C5-1(B) and Local Law No. 27-1993.

Section 9. Effective Date.

[Amended 6-8-2015 by L.L. No. 26-2015]

This law shall not take effect until it has been approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of Section 34 of the New York Municipal Home Rule Law and has been filed in the office of the Secretary of State, and the repeal of Article XV of the Suffolk County Charter and Article XV of the Suffolk County Administrative Code shall not take effect until January 1, 2016. It shall be implemented on the dates set forth in section 3 hereinabove, as amended.

Section 10. Conflicting Referenda.

In the event that there are other referenda on the ballot, pertaining to or addressing substantially the same issues as are contained in this law, then the provisions of the measure approved by the electorate receiving the greatest number of affirmative votes, shall prevail, and the alternative measure, or measures, as the case may be, shall be deemed null and void.

§ CA-147 Local Law No. 33-2014 also provided as follows.

Section 1. Legislative Intent.

This Legislature finds and determines that Local Law No. 24-2007, a Charter Law extending and accelerating the Suffolk County 1/4% Drinking Water Protection Program for environmental protection known as the Suffolk County Drinking Water Protection Program, was adopted by the County and approved by the electors of Suffolk County.

This Legislature further finds that the Sewer Assessment Stabilization Reserve Fund is a component of the Drinking Water Protection Program. That Fund developed a large reserve fund balance which prompted the adoption of Local Law No. 44-2011, without approval by the voters, to authorize the use of excess monies in the Fund for payments to the County Bonded Indebtedness Reserve Fund and the Retirement Contribution Reserve Fund, and for sewer infrastructure and sewage treatment plants, and the installation of enhanced nitrogen removal septic systems throughout Suffolk County.

This Legislature further finds that the Drinking Water Protection Program is essential to the well-being of the County's drinking water supply, and it is in the best interest of the County's residents to adhere to the provisions of the Program as adopted by the electorate to secure significant environmental and public health benefits.

Therefore, the purpose of this law is to amend Article I of the Suffolk County Charter, the County's "Environmental Bill of Rights," to impose the requirement of a mandatory referendum to approve any amendment or repeal of Local Law No. 24-2007 codified in Article XII of the Charter as the Suffolk County Drinking Water Protection Program.

Section 3. Applicability.

This local law shall apply to all actions occurring on or after the effective date of this law.

Section 6. Effective Date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the Office of the Secretary of State.

§ CA-148 Local Law No. 1-2015 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law No. 56-2011 established a new five member Suffolk County Board of Ethics.

This Legislature further finds that the Board of Ethics is working diligently to administer the County's conflict of interest and financial disclosure rules.

This Legislature also finds that the Board of Ethics, in its latest annual report, recommended several legislative actions that will improve the Board's operations and clarify their jurisdiction.

Therefore, the purpose of this law is to enact recommendations of the Board of Ethics in order to strengthen the County's ethics program.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-149 Local Law No. 4-2015 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the Suffolk County Charter presently mandates that a commission be formed every 10 years to review the County's Charter and recommend changes thereto, even if there is no clear need or public demand for such a Commission.

This Legislature further finds that there is no need to convene a commission every 10 years because the County of Suffolk is empowered to amend its Charter by the adoption of local laws on an ongoing basis.

This Legislature also determines that the County of Suffolk regularly amends its Charter and reshapes its government to respond to changing circumstances and new realities. For example, in the past several years alone, this County Legislature has amended the Charter to create a Department of Information Technology (Local Law No. 18-2006); amended the Drinking Water Protection Program to accelerate land acquisitions (Local Law No. 24-2007); strengthened the County Legislature's power to establish county park policies (Local Law No. 37-2009), strengthened the independence of the Board of Ethics (Local Law Nos. 43-2010 and 56-2011); established an independent Medical Examiner's Office (Local Law 50-2012); and authorized a new Traffic and Parking Violations Agency (Local Law No. 9-2013).

This Legislature concludes that charter revision commissions should be formed only on an as-needed basis, when it is clearly advisable and necessary to convene an independent group to study the County government's structure and operations.

Therefore, the purpose of this law is to eliminate the mandate that a charter revision commission be formed every 10 years and to give the County of Suffolk the discretion to form such a commission on an as-needed basis.

Section 3. Applicability.

This law shall apply to all charter revisions commissions created on or after the effective date of this law. No charter revision commission may be appointed under this law until February 7, 2018.

§ CA-150 Local Law No. 7-2015 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that 11.75% of the total revenues generated annually under the Suffolk County Drinking Water Protection Program is allocated to water quality protection and land stewardship initiatives.

This Legislature also finds that increasingly, these "Fund 477" monies are used to pay employee salaries in the Department of Public Works, the Health Department and the Department of Parks, Recreation and Conservation.

This Legislature also determines that the County of Suffolk receives Federal and State reimbursement for some of the positions that are funded from 477 but these monies do not go to that fund but, rather, are deposited in the general fund.

This Legislature finds that Federal and State reimbursements received for positions funded by Fund 477 would more properly be paid to that fund to enhance the County's water quality protection efforts.

Therefore, the purpose of this law is to amend Article IV of the Suffolk County Charter to require that Federal and State Aid received by the County for positions paid for by the water quality fund are directed into Fund 477.

Section 3. Applicability.

This law shall apply to actions occurring on or after its effective date.

Section 6. Effective Date.

This law will take effect on January 1, 2016.

§ CA-151 § CA. Local Law No. 16-2015 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the Suffolk County Charter requires that vacancies in the office of County Legislator be filled by a special election.

This Legislature further finds that the County Charter provisions governing special elections are incomplete and fail to address all scenarios in which a vacancy might arise.

This Legislature determines that existing special election provisions should be clarified to ensure that legislative vacancies are filled in a timely and cost effective manner, consistent with the overriding goal of allowing voters to choose their own representatives.

Therefore, the purpose of this law is to clarify and strengthen the procedures for filling vacancies in the Suffolk County Legislature.

Section 3. Applicability.

This law shall apply to legislative vacancies occurring on or after the effective date of this law.

§ CA-152 Local Law No. 25-2015 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) repair and maintenance not significantly extending the useful life of an asset;

2.) dredging projects - $100,000 or less;

3.) road and equipment repairs;

4.) roof replacement;

5.) equipment purchases that may not occur in the same location or department if:

a.) costs are incurred on annual basis;

b.) item price is $5,000 or less;

c.) aggregate cost is less than $25,000; and

d.) useful life is five years or less;

6.) 9 mm guns; and

7.) soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant economic downturns.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a one-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during Fiscal Year 2015.

Section 6. Effective Date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-153 Local Law No. 26-2015 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local law No. 32-2014, which proposed that the office of County Treasurer be abolished and the functions of the Department of Finance and Taxation be transferred to, and consolidated with, the Department of Audit and Control, was approved by 61% of the electorate at a referendum conducted on November 4, 2014.

This Legislature also finds and determines that under the terms of Local Law No. 32-2014, the consolidation of the Comptroller and Treasurer's offices will not take effect until January 1, 2018.

This Legislature also finds and determines that the current Treasurer is serving as an appointed official. As a result, Suffolk County faces the prospect of conducting a special election in November to fill the vacancy.

This Legislature also finds and determines that under these circumstances, it makes sense to expedite the consolidation of the Comptroller and Treasurer's offices in order to carry out the clearly expressed will of Suffolk County voters and to immediately realize cost savings that will result from consolidation.

Therefore, the purpose of this law is to immediately accelerate transfer and the consolidation of the functions of the Department of Finance and Taxation within the Department of Audit and Control.

Section 3. Applicability.

This local law shall apply to all actions occurring on or after the effective date of this law.

Section 6. Effective Date.

This law shall not take effect until at least 60 days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within 60 days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State. It shall be implemented on the dates as set forth in Section 3 of Local Law No. 32-2014, as amended.

§ CA-154 Local Law No. 6-2016 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the Clerk of the Suffolk County Legislature has traditionally been required to certify the County's adopted Operating Budget before it is published each year.

This Legislature finds that Suffolk County's operating budget is a voluminous and complex document and numerous technical issues must be addressed before an operating budget can be certified. Typically, the County Executive's Budget Office and the Legislative Budget Review Office discuss and resolve these issues.

This Legislature concludes that the County Executive's Budget Office and the Legislative Budget Review Office should be responsible for certifying the operating budget as they possess the budgetary expertise necessary to perform this role.

This Legislature also determines that the certified operating budget should be published online no later than April 15th each year.

Therefore, the purpose of this law is to vest the responsibility for certifying the County's Operating Budget in the County Executive's Budget Office and the Legislative Budget Review Office and to require the Budget Office to publish the certified budget online by April 15th each year.

Section 3. Applicability.

This law shall apply to operating budgets by the County on or after the effective date of this law.

§ CA-155 Local Law No. 11-2016 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the State of New York authorized the creation of county and regional planning boards to encourage regional perspectives and planning on issues like economic development, environmental protection, transportation and housing.

This Legislature further finds that since its inception in 1970, the Suffolk County Planning Commission has played an important role in regional planning by reviewing site plans and zoning actions meeting certain jurisdictional requirements, establishing a Comprehensive Plan and recommending land use and planning policies to the County's towns and villages.

This Legislature also finds that state law provides that county planning boards should include members from a broad cross section of interests. Accordingly, the Suffolk County Charter mandates that environmental organizations, organized labor and experts in transportation, workforce housing and municipal planning be represented on the Planning Commission.

This Legislature further determines that farming is an important part of Suffolk County's history and identity and agriculture continues to be an important industry in our County, vital to our local economy and quality of life.

This Legislature finds that agriculture is an important interest in Suffolk County and its future liability depends, to some degree, on planning decisions made at the local and regional levels. Accordingly, this Legislature concludes that Suffolk County's agricultural industry merits representation on the Suffolk County Planning Commission.

This Legislature further finds that the County Charter presently provides that one member of the Planning Commission must represent the real estate industry and/or the business community. This Legislature believes the real estate and business communities should each have representation on the Planning Commission at all times.

Therefore, the purpose of this law is to ensure that the Planning Commission's membership is balanced and representative of the County's many diverse interests and communities.

Section 3. Applicability.

This law shall apply to the membership of the Suffolk County Planning Commission on or after the effective date of this law.

Section 6. Effective Date.

This law will take effective on January 1, 2017.

§ CA-156 Local Law No. 25-2016 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law No. 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) repair and maintenance not significantly extending the useful life of an asset;

2.) dredging projects - $100,000. or less;

3.) road and equipment repairs;

4.) roof replacement;

5.) equipment purchases that may not occur in the same location or department if:

a.) costs are incurred on annual basis;

b.) item price is $5,000 or less;

c.) aggregate cost is less than $25,000; and

d.) useful life is five (5) years or less;

6.) 9 mm guns; and

7.) soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant fiscal stress on County finances.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a one-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 Law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during Fiscal Year 2016.

Section 6. Effective Date.

This law shall not take effect until at least sixty (60) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within sixty (60) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-157 Local Law No. 6-2017 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the County of Suffolk is committed to transparency and openness in its government operations.

This Legislature finds that the County of Suffolk receives significant funds from the state and federal governments through asset forfeiture. These funds are obtained through the law enforcement efforts of the Suffolk County Police Department, Suffolk County District Attorney, the Suffolk County Probation Department and the Suffolk County Sheriff's Department. These monies are not deposited in the General Fund, are considered "off budget" items, and are held and expended at the discretion of the Police Department, Probation Department, Sheriff and District Attorney in accordance with federal and state guidelines.

This Legislature determines that, presently, the operation of the County's asset forfeiture funds is not sufficiently transparent and is not the subject of adequate outside oversight.

This Legislature further determines that the County's policymakers and taxpayers should have access to all pertinent information regarding asset forfeiture monies; further, the power of the County Comptroller to audit these funds should be restored.

This Legislature finds that an annual reporting requirement for each department which utilizes asset forfeiture monies would provide greater insight into the use of these funds, improving the transparency of Suffolk County government.

This Legislature also determines that restoring the Comptroller's authority to audit asset forfeiture accounts biennially will ensure taxpayers that these monies are being used in an appropriate manner.

Therefore, the purpose of this local law is to require auditing and reporting of activities associated with asset forfeiture funds held by the Suffolk County Police Department, the Suffolk County District Attorney, the Suffolk County Probation Department and the Suffolk County Sheriff's Office.

Section 3. Reporting of County Asset Forfeiture Funds.

A. The Suffolk County Police Department, the Suffolk County District Attorney, Suffolk County Probation Department and the Suffolk County Sheriff's Office shall each provide quarterly reports to the Suffolk County Executive, each member of the Suffolk County Legislature and the Suffolk County Comptroller, detailing the receipts and expenditures associated with each department's asset forfeiture fund. Reports shall be submitted by March 15th, June 15th, September 15th and December 15th of each year detailing fund activity for the preceding quarter.

[Amended 3-20-2018 by L.L. No. 11-2018]

B. The information provided by the Suffolk County Police Department, the Suffolk County District Attorney, Suffolk County Probation Department and the Suffolk County Sheriff's Office on asset forfeiture fund expenditures shall be sufficiently detailed to explain how the monies are expended without compromising any law enforcement investigations or prosecutions. Expenditures to outside agencies shall be documented with the agency name, the amount provided and the purpose of funding.

Section 4. Applicability.

This law shall apply to all actions on or after the effective date of this law.

§ CA-158 Local Law No. 10-2017 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the Suffolk County Legislature established a new, independent Board of Ethics and adopted strong conflict of interest and financial disclosure rules by the enactment of Local Law Nos. 55-2011 and 56-2011.

This Legislature further finds that it is necessary to amend the laws governing the Board of Ethics to allow the Board to carry out its mission more effectively.

This Legislature also finds that the rules governing public access to financial disclosure statements must be clarified to ensure that the Legislature's desire for transparency and the goal of uncovering conflicts of interest by public officials is carried out by the Board of Ethics.

Therefore, the purpose of this law is to update and revise the laws governing the Board of Ethics to enhance the Board's operations and strengthen transparency.

Section 3. Applicability.

This law shall apply to actions occurring on or after the effective date of this law.

§ CA-159 Local Law No. 20-2017 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law No. 23-1994, ''A Charter Law to Establish 5-25-5 Debt Policy", was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) repair and maintenance not significantly extending the useful life of an asset;

2.) dredging projects - $100,000 or less;

3.) oad and equipment repairs;

4.) roof replacement;

5.) equipment purchases that may not occur in the same location or department if:

a.) costs are incurred on annual basis;

b.) item price is $5,000 or less;

c.) aggregate cost is less than $25,000; and

d.) useful life is five (5) years or less;

6.) 9 mm guns; and

7.) soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant fiscal stress on County finances.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a one-year period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 Law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during Fiscal Year 2017.

Section 6. Effective Date.

This law shall not take effect until at least sixty (60) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within sixty (60) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-160 L.L. No. 1-2018 also provided as follows.

Section 1. Legislative Intent.

The Suffolk County District Attorney (the "District Attorney") is the chief law enforcement official in the County of Suffolk. The District Attorney serves as the chief executive of the Suffolk County District Attorney's Office (the "Office") which has approximately 190 Assistant District Attorneys and approximately 35 investigators of various ranks and titles. The Office is charged with prosecuting all state and local offenses within the County of Suffolk.

It is imperative that the Suffolk County District Attorney is able to recruit competent professionals for its senior staff to serve the residents of the County and remain competitive with other prosecutors' offices in the region.

Currently, the District Attorney is restricted in hiring Suffolk County residents. This is in contrast to the prosecutors' office in Nassau County and the City of New York, and restricts the District Attorney's ability to recruit talent for its senior staff from other prosecutor's offices and law schools in the region. It is crucial that the District Attorney be able to recruit such talent, particularly in light of the current crisis in the Office stemming from the recent federal indictment of former District Attorney Thomas J. Spota and Division Chief Christopher McPartland and the ensuing federal investigation.

Expanding the applicant pool for its senior staff beyond the County for exempt employees will enable the District Attorney to more effectively reform the Office, increase diversity, and make the Office competitive with prosecutor's offices in the region.

Therefore, the purpose of this law is to permit the District Attorney to recruit and employ senior staff from a larger and more diverse applicant pool, which will better serve the residents of Suffolk County.

Section 3. Applicability.

This law shall apply to any person entering County service on or after the effective date of this law.

§ CA-161 L.L. No. 8-2018 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that, increasingly, the citizens of our county, state and nation believe their government is unresponsive to their problems and concerns.

This Legislature also finds that the general public perceives that the flow of money from wealthy individuals and narrow special interests to political campaigns is a root cause of government dysfunction, favoritism and corruption. Voters believe that a powerful few use campaign contributions to gain extraordinary access to, and favorable consideration from, government officials.

This Legislature further determines that as the role of money in our politics increases, elected officials at all levels of government find themselves devoting much of their time and energy to fundraising and less time to their official duties.

This Legislature finds that New York City and other municipalities across the country have successfully implemented systems that offer public funding of candidates who agree to abide by fundraising and spending limits in their campaigns for public office.

This Legislature hereby finds and determines that studies have shown that voter participation is dramatically increased when elections are publicly funded.

This Legislature further finds and determines that public campaign financing will lead to more actively engaged officials who spend less time fundraising.

This Legislature determines that public campaign financing will reduce political corruption and the appearance of favoritism and cronyism by decreasing the influence of big money donors.

This Legislature further finds that the public financing of legislative campaigns in Suffolk County will substantially narrow the gap between incumbents and challengers and enhance electoral competition.

This Legislature concludes that the County of Suffolk can and should enact a public campaign finance system for County Executive and County legislative races.

Therefore, the purpose of this law is to establish a campaign financing law that will provide public funding to legislative candidates beginning in the 2021 elections and to County Executive candidates beginning with the 2023 elections, and thereby reduce the power of large donors and special interests and empower ordinary citizens and small donors.

Section 3. Applicability.

1. Monies shall be deposited in the Fair Elections Matching Fund beginning in fiscal year 2019 in accordance with the provisions of this law.

2. The Campaign Finance Board shall receive certifications and provide funding for participating candidates for legislative elections beginning with the cycle that runs from November 6, 2019 and continuing through Election Day, 2021.

3. The Campaign Finance Board shall receive certifications and provide funding for County Executive elections beginning with the cycle that runs from November 6, 2019 through Election Day, 2023. However, should the Board determine that there are not sufficient monies in the Fund to provide funding to both legislative candidates and County Executive candidates in the 2023 elections, public funding for County Executive candidates shall commence during the subsequent election cycle.

§ CA-162 Local Law No. 11-2018 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law No. 6-2017 established policies and procedures to improve the transparency of the County's various asset forfeiture funds.

This Legislature also finds and determines that Local Law No. 6-2017 requires the County's law enforcement agencies — the Police Department, the District Attorney, the Sheriff and the Probation Department — to provide an annual report to the County Executive, the County Comptroller and the County Legislature detailing the receipts and expenditures of their asset forfeiture funds.

This Legislature further finds that in order to increase the transparency and accountability of asset forfeiture monies, law enforcement agencies should report on their asset forfeiture funds four times a year.

Therefore, the purpose of this law is to amend Local Law No. 6-2017 to require law enforcement agencies to report on their asset forfeiture funds on a quarterly basis.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-163 Local Law No. 3-2019 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law No. 8-2018 established a Fair Elections Matching Fund to provide public funding to legislative candidates beginning in 2021 and County Executive candidates beginning in 2023.

This Legislature further finds that Local Law No. 8-2018 provides for the establishment of an independent, non-partisan, three member Campaign Finance Board to implement and administer the public financing program established under this law.

This Legislature also determines that Local Law No. 8-2018, codified as Article 42 of the Suffolk County Charter, must be amended to insure the timely creation and proper functioning of the Campaign Finance Board.

Therefore, the purpose of this law is to clarify quorum, reporting and budgeting requirements applicable to the Campaign Finance Board and to provide the Board with administrative and clerical support at its inception to ensure the success of the public campaign finance law.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-164 L.L. No. 25-2019 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the County of Suffolk sets forth the procedures for adopting and amending the County operating and capital budgets in Article IV of the Suffolk County Charter.

This Legislature also finds and determines that debate on a recent piece of legislation before the County Legislature has exposed a contradiction between the customary process for amending the budget and the express terms of the Charter.

This Legislature further finds and determines that the County Executive has historically been allowed to amend the budget at any time.

This Legislature finds that the express language of the Charter is at odds with this practice and should be updated to codify the customs of the County, which date back decades.

Therefore, the purpose of this law is to amend § C4-31(G) of the Suffolk County Charter to expressly authorize the County Executive to amend the budget at any time throughout a given fiscal year.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-165 Local Law No. 36-2019 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the Suffolk County Sheriff's Office is tasked with providing for the safety and security of Suffolk County residents, including staffing the Suffolk County correctional facilities, investigating crimes committed on County property, providing security for County government offices, and issuing pistol licenses for residents in the five East End towns.

This Legislature also finds and determines that it is imperative that the Suffolk County Sheriff's Office is able to recruit competent professionals for its staff to adequately serve and protect the residents of the County and remain competitive with other law enforcement agencies in the region.

This Legislature further finds and determines that currently, the Sheriff's Office is restricted to recruiting correction officers and deputy sheriffs who reside in Suffolk County, which puts a burden on its ability to recruit the best candidates for the job.

This Legislature finds that expanding the applicant pool for certain titles of correction officers and deputy sheriffs beyond County residents will enable the Sheriff's Office to more effectively recruit and maintain personnel.

Therefore, the purpose of this law is to amend § C6-3 of the Suffolk County Charter to permit the Suffolk County Sheriff's Office to recruit and employ certain titles of correction officers and deputy sheriffs from a larger and more diverse applicant pool, which will better serve the residents of Suffolk County.

Section 3. Applicability.

This law shall apply to any person entering or presently in County service on or after the effective date of this law.

§ CA-166 Local Law No. 1-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that, with the exception of certain titles, the Suffolk County Charter requires that the vast majority of County employees live in the County immediately upon commencing employment.

This Legislature finds that while residing in the County is likely desirable for most employees, it is often difficult for prospective employees to become County residents on short notice.

This Legislature determines that other localities with residency requirements provide a grace period during which new employees can establish residency within the prescribed geographic confines.

This Legislature also finds that Suffolk County policy currently allows for nonresident employees to obtain a residency waiver from the Legislature for a period of up to one (1) year.

This Legislature further finds that new employees who are not residents should not have their employment start date tied to the County's legislative calendar.

This Legislature also determines that similarly, new employees should be provided with ample time to establish County residency without having to accept the first available housing which may or may not adequately meet their needs.

Therefore, the purpose of this law is to amend Section C6-3 of the Suffolk County Charter to provide new employees with sufficient time to establish County residency.

Section 3. Applicability.

This law shall apply to all employees hired occurring on or after the effective date of the law.

§ CA-167 Local Law No. 4-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that, with certain limited exceptions, the Suffolk County Charter currently requires a person entering County service to have his or her residence within the County of Suffolk and to maintain such residence during the person's entire term of County service.

This Legislature also finds that certain positions in the Suffolk County Department of Health Services ("SCDHS") are currently exempt from the County's residency requirements.

This Legislature further finds that it is in the best interest of the County to encourage an expansive range of qualified applicants to seek County employment.

This Legislature also determines that the positions of Supervising Psychologist and Public Health Engineers in the SCDHS need to be filled by highly skilled individuals, whose recruitment from a larger and more diverse applicant pool would better serve the needs of the County.

This Legislature further determines that since the titles of Public Health Nurse I and Licensed Practical Nurse are currently exempt from the County's residency requirements, the titles of Public Health Nurse II, Public Health Nurse III, and Public Health Nurse IV, as well as Jail Medical Attendant should also be excluded.

Therefore, the purpose of this local law is to exempt the positions of Supervising Psychologist, Jail Medical Attendant, Public Health Nurses, and Public Health Engineers from the County's employment residency requirements.

Section 3. Applicability.

This law shall apply to any person entering or currently in County service on or after the effective date of this law.

§ CA-168 Local Law No. 5-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the Article VI of the Suffolk County Charter requires employees and officers of the County to be residents of the County during their term of service.

This Legislature finds that there is presently no definition of County officer in Article VI of the Charter.

This Legislature determines that defining who qualifies as a County officer will bring greater clarify to the Charter and help individuals serving the County to better understand their responsibilities and duties.

Therefore, the purpose of this law is to amend Section C6-3 of the Suffolk County Charter to include a definition for County officer.

Section 3. Applicability.

This law shall apply to any person entering or presently in County service on or after the effective date of this law.

§ CA-169 Local Law No. 8-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Article XLII of the Suffolk County Charter establishes the Fair Elections Matching Fund ("the Fund") to provide public funding for County elections.

This Legislature also finds and determines that Section C42-13 of the Suffolk County Charter requires that the greater amount of either 20 percent of proceeds received by the County from the video lottery terminals from Suffolk County Off-Track Betting Corporation or $1 million be deposited in the fund.

This Legislature further finds and determines that 20 percent of the County's portion of these receipts is expected to exceed $1 million next year, but only $1 million is budgeted in the 2020 Operating Budget.

This Legislature finds that it is unlikely that the County will ever need all of the funds to be allocated under the 20% provision of the Charter to the Fair Elections Matching Fund annually. This Legislature determines that the Charter should be amended to ensure that the 2020 Operating Budget complies with County law and set a more appropriate value for the operation of the Fair Elections Matching Fund in future years.

Therefore, the purpose of this law is to amend the Suffolk County Charter to allow the contribution to the Suffolk County Fair Elections Matching Fund to be $1 million for fiscal year 2020 and right size the Fund's funding stream moving forward.

Section 3. Applicability.

This law shall apply to all budgetary actions occurring on or after January 1, 2020.

§ CA-170 Local Law No. 13-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Resolution No. 362-1964 sets the stipend for the Board of Health members as a range from $7.00 to $25.00 per meeting.

This Legislature finds that it has been a standing practice of the County of Suffolk for decades to compensate members at a rate of $25.00 per meeting.

This Legislature also finds and determines that this practice has not been codified in the Suffolk County Charter, which currently prohibits compensation of Board of Health members in violation of New York State Public Health Law § 345.

This Legislature further finds and determines that the Charter should be amended to clarify that members will be compensated at a rate of $25.00 per meeting, in conference with State law and Resolution No. 362-1964.

Therefore, the purpose of this law is to amend Section C9-4 of the Suffolk County Charter to codify the County's long-standing practice of compensating Board of Health members with a $25.00 stipend per meeting.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-171 Local Law No. 23-2020 also provided as follows.

Section 1. Legislative Intent.

The Legislature hereby finds and determines that under the present organization of the Suffolk County government, the Department of Public Works acts as the central purchasing operation for a majority of the purchasing transactions for the departments in Suffolk County government, including the Department of Public Works itself, while other procurement functions are scattered throughout various County departments, all with little oversight as to how those procurements are conducted, resulting in inefficiencies and inconsistencies in County procurement practices.

This Legislature also finds that Chapter 1065 of the Suffolk County Code was recently amended to update and improve the County's procurement policy.

This Legislature further finds that, during the process of updating the County's procurement policies it was recognized that the administration of procurement functions has been fragmented among the various departments and that a consolidation of the oversight of all County procurements would more properly rest with an office separate and distinct from the Department of Public Works.

This Legislature also finds that a separate and distinct office specifically tasked with the oversight of all County procurements would facilitate the development and incorporation of management reforms, accountability and best practices for all County procurements while also providing economies of scale, maximizing the County's bargaining power, ensuring purchasing controls, and eliminating redundancies.

This Legislature further finds and determines that elected County officials have a fiduciary responsibility to ensure that taxpayer dollars are prudently and economically spent In the procurement of goods and services so as to avoid favoritism, improvidence, extravagance, fraud, and corruption and to ensure that public moneys are used in the best interest of County taxpayers.

Therefore, the purpose of this law is to establish an Office of Central Procurement, within the Office of the County Executive, to be administered by a Chief Procurement Officer, which Office will be tasked with oversight of all County procurement practices including but not limited to:

•	reducing/eliminating unnecessary spending by departments;
•	managing risk of spending outside contract parameters;
•	managing purchases to generate volume discounts;
•	overseeing and reviewing warehouse/stock levels;
•	pursuing creative procurement opportunities, cooperative purchasing options and strategic sourcing;
•	implementing Countywide procurement procedures in accordance with State Law;
•	establishing training programs for department employees participating in procurement activities;
•	facilitating shared services and shared purchase opportunities; and
•	developing and maintaining technology and data to assist and enhance procurement practices

Section 4. Transition Provisions.

A.) Any reference to the Division of Purchasing in the County Department of Public Works, or Central Purchasing, or its Director in any other resolution, local law. Charter law, ordinance, rule, or regulation of the County of Suffolk or in any state or federal law, rule, or regulation, shall be construed in the first instance as reference to the County Office of Central Procurement, anything in any other laws or regulations to the contrary notwithstanding.

B.) Any pertinent positions of employment within the County Department of Public Works, Division of Purchasing shall be abolished and/or transferred, as the case may be, via appropriate resolution, to the new Office of Central Procurement. Any positions of employment transferred via prior or subsequent appropriate resolution shall be transferred so as to retain the incumbent individual in said position of employment as the individual so employed in that position by the County Office of Central Procurement.

C.) Any reference to the County Division of Purchasing in the Department of Public Works, also referred to as Central Purchasing, in any chapter of the Suffolk County Code shall be construed as reference to the County Office of Central Procurement and any references in said Code to the Director of said Division shall be construed to mean the Director of the County Office of Central Procurement, as the case may be.

D.) All County departments shall cooperate fully with the Chief Procurement Officer, or his or her designee, in all phases of implementing the provisions of this law.

Section 5. Transfer of Personnel.

The functions and responsibilities set forth herein shall be carried out by existing personnel subject to the following: those employees in the Suffolk County Department of Public Works who are currently employed in positions in the Division of Purchasing and/or whose duties are primarily involved in the administration of the procurement policies, shall be transferred to the Office of Central Procurement subject to the provisions of the New York Civil Service Law and the Rules of the County Department of Human Resources, Personnel, and Civil Service.

Section 6. Transfer of Records, Property and Equipment.

All records, property and equipment presently associated with and utilized in connection with the powers, functions and duties to be assigned under this law shall be transferred to the pertinent department and division in a timely fashion.

Section 7. Applicability.

This law shall apply to all procurement actions taken by the County on or after the effective date of this resolution.

§ CA-172 Local Law No. 33-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that, since at least 1980, the Suffolk County Legislature has appointed its own Counsel to represent the body and the interests of its individual members.

This Legislature also finds and determines that over the decades, the Office of Legislative Counsel has become an integral element to the functioning of the body, yet it is not established in Article II of the Suffolk County Charter, which governs the Legislature.

This Legislature further finds and determines that the charters of several counties in New York State require the appointment of Counsel to the Legislature and prescribe the terms of such role.

This Legislature finds that the Suffolk County Legislature should memorialize its longstanding practice of maintaining independent Counsel to the Legislature as an element of the County Charter and establish the responsibilities of such office.

Therefore, the purpose of this law is to amend Article II of the Suffolk County Charter to establish the role and responsibilities of Counsel to the Legislature.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-173 Local Law No. 34-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Article IV of the Suffolk County Charter establishes the procedures for the proposal, adoption, and amendment of the County's operating and capital budgets.

This Legislature also finds and determines that presently, the Charter requires that the Legislature act upon portions of the adopted budget which were disapproved by the County Executive within ten days of receiving such vetoes.

This Legislature further finds and determines that sometimes there is a general meeting of the Legislature already scheduled to occur during the ten-day period immediately after the filing of a budget veto. At other times, a special meeting of the Legislature must be called to address vetoes in conformance with the Charter.

This Legislature finds that the Legislature should have the flexibility to address vetoes of the budget either via a special meeting within ten days of receiving the veto or at the next regularly scheduled meeting of the Legislature.

Therefore, the purpose of this law is to amend portions of Article IV of the Suffolk County Charter to allow the Legislature greater flexibility on when to consider vetoes to the operating and capital budget.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-174 Local Law No. 35-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that Local Law 23-1994, "A Charter Law to Establish 5-25-5 Debt Policy," was adopted for the purpose of making the Capital Program and Budget approval and appropriation process more meaningful and more responsive to the needs of the public and to accommodate increased future debt service payments by prohibiting the issuance of debt to pay for the following County operating expenses:

1.) repair and maintenance not significantly extending the useful life of an asset;

2.) dredging projects - $100,000, or less;

3.) road and equipment repairs;

4.) roof replacement;

5.) equipment purchases that may not occur in the same location or department if:

a.) costs are incurred on annual basis;

b.) item price is $5,000 or less;

c.) aggregate cost is less than $25,000.00; and

d.) useful life is five (5) years or less;

6.) 9 mm guns; and

7.) soft body armor vests.

This Legislature further finds that the County of Suffolk has waived the application of the 5-25-5 during periods of significant fiscal stress on County finances.

Therefore, the purpose of this law is to waive the application of the 5-25-5 Law for a set period of time and to permit traditional normal bonding for items that would otherwise be required to be paid for under the 5-25-5 law in order to deal with the anticipated budget shortfall.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law only during fiscal year 2020, 2021, 2022 and 2023.

Section 6. Effective Date.

This law shall not take effect until at least sixty (60) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within sixty (60) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-175 Local Law No. 40-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that individuals elected to serve as members of the Suffolk County Legislature serve in their positions as advocates for the best interests of the constituents residing in their legislative districts.

This Legislature also finds and determines that the Suffolk County Charter contains the residency requirements that qualify an individual to be elected as a County Legislator, which includes residency in-district at the time of nomination.

This Legislature further finds and determines that legislators should be deeply familiar with the community that they wish to represent so they may effectively advocate on behalf of their constituents.

This Legislature finds that individuals elected to the Suffolk County Legislature should be required to reside in the legislative district that they represent for at least one year prior to their election.

Therefore, the purpose of this law is to amend the Suffolk County Charter to clarify that a legislator must live in the legislative district which he or she represents for at least one year prior to his or her election.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

Section 6. Effective Date.

This law shall not take effect until at least forty-five (45) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within forty-five (45) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Sections 10(1)(a)(13) and 24(1)(a) and (2)0) of the New York Municipal Home Rule Law, and upon filing in the office ofthe Secretary of State.

§ CA-176 Local Law No. 48-2020 also provided as follows.

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the COVID-19 pandemic has resulted in unprecedented threats to public health, requiring the government to enact severe restrictions on commerce across the nation while simultaneously providing significant emergency responses and public health services to the people of Suffolk County.

This Legislature also finds and determines that the restrictions on commerce enacted through various New York State Executive Orders resulted in a near shutdown of the regional economy for several months, with the resulting loss of revenues creating a significant threat to the financial stability of the County.

This Legislature further finds and determines that in order for the County to provide necessary services, action is required to address the revenue shortfalls that have resulted from the abovementioned government-directed restrictions on commercial activity.

This Legislature finds that the County's Fair Elections Matching Fund receives revenues from the Suffolk County Regional Off-Track Betting Video Lottery Terminal Program.

This Legislature determines that the Suffolk County Regional Off-Track Betting Video Lottery Terminal Program took a large economic hit during this health crisis.

This Legislature also finds that in order to help aid the Suffolk County government in its fiscal recovery, the funds that were to be distributed to the Fair Elections Matching Fund should be diverted to the County's General Fund for two fiscal years.

Therefore, the purpose of this law is to amend Section C42-13 of the Suffolk County Charter to divert the funds received by the Suffolk County Fair Elections Matching Fund from the Suffolk County Regional Off-Track Betting Video Lottery Terminal Program to the Suffolk County General Fund for the years 2020 and 2021.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-177 Local Law No. 50-2020 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that the CO\/ID-19 pandemic has resulted in risks and threats to public health never before experienced, requiring that government enact severe restrictions on commerce across the nation while simultaneously providing significant unforeseen emergency response and public health services to the people of Suffolk County. The restrictions on commerce enacted by New York State Executive Order have resulted in a near shutdown of the regional economy and resultant shortfall in revenues that has created a significant threat to the financial stability of state and local governments, including Suffolk County.

This Legislature further finds and determines that in order for the County to provide necessary services, decisive action is required to address the shortfall in revenues that has resulted from government directed restrictions on commerce pending recovery of the regional economy.

This Legislature further finds that the Sewer Assessment Stabilization Reserve Fund (ASRF)

ended 2019 with a balance of $35,000,000, and that transferring $15,000,000 from the ASRF to

reduce reliance on property tax revenues would leave the fund with sufficient reserves to stabilize sewer rates as required by C12-2D of the Suffolk County Charter.

This Legislature further finds that the $29,409,109 that is required to be transferred into the ASRF pursuant to a judgment dated December 12, 2019, by the Honorable Justice Joseph Farneti in the Matter of the Long Island Pine Barrens Society Inc., et al vs. County of Suffolk, et al is not needed in the fund, which contains a significant excess fund balance.

Therefore, the purpose of this Charter law is to authorize general property tax relief with the excess Sewer Assessment Stabilization Reserve Fund balance.

Section 3. Applicability.

This local law shall apply to all budgetary actions approved for, or occurring during any fiscal year beginning with January 1, 2020, and in all subsequent fiscal years.

Section 6. Effective Date.

This law shall not take effect until it has been approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of Section 34 of the New York Municipal Hone Rule Law and has been filed in the Office of the Secretary of State.

Section 7. Form of Proposition.

The proposition to be submitted at the next general election, shall be in the following form:

SHALL RESOLUTION 2020, ADOPTING LOCAL LAW NO. -2020, A CHARTER LAW TO TRANSFER EXCESS FUNDS IN THE SEWER ASSESSMENT STABILIZATION RESERVE FUND TO THE SUFFOLK COUNTY TAXPAYERS TRUST FUND AND TO ELIMINATE THE REQUIREMENT THAT INTERFUND TRANSFERS BE MADE FROM THE GENERAL FUND TO THE SEWER ASSESSMENT STABILIZATION FUND, BE APPROVED?

Section 8. Conflicting Referenda.

In the event that there are other referenda on the ballot, pertaining to or addressing substantially the same issues as are contained in this law, then the provisions of the measure approved by the electorate receiving the greatest number of affirmative votes, shall prevail, and the alternative measure, or measures, as the case may be, shall be deemed null and void.

§ CA-178 Local Law No. 52-2020 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the New York State Comptroller conducted an audit of the County's ethics oversight procedures and identified opportunities for Suffolk County to enhance its oversight procedures.

This Legislature also finds and determines that the members of the Suffolk County Board of Ethics should be trained annually on the provisions of law relating to conflicts of interest and ethics which they are charged with administering.

Therefore, the purpose of this law is to amend Article XXX of the Suffolk County Charter to require that all Board of Ethics members complete annual trainings.

Section 3. Applicability.

This law shall apply to all Board of Ethics members ervig on or after the effective date of this law.

§ CA-179 Local Law No. 57-2020 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Local Law No. 40-2013 added acceptance and appropriation of grant funding to the list of resolutions which can be submitted to the Legislature for Immediate consideration.

This Legislature also finds and determines that many of the grant funding resolutions submitted pursuant to Local Law No. 40-2013 pass unanimously.

This Legislature further finds and determines that addressing a large number of resolutions submitted pursuant to Local Law No. 40-2013 can be time consuming for the Legislature, even with little to no discussion on the underlying proposals.

This Legislature finds that a procedure should be established to address these resolutions In a fashion similar to the consent calendar, allowing for a single vote to pass all resolutions submitted pursuant to Local Law No. 40-2013 which are not requested by a member to be considered individually.

Therefore, the purpose of this law is to amend the Suffolk County Charter to further improve:

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

Section 6. Effective Date.

This law shall not take effect until at least sixty (60) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within sixty (60) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the New York Municipal Home Rule Law and upon filing in the office of the Secretary of State.

§ CA-180 Local Law No. 6-2021 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that in 2014, pursuant to Local Law No. 31- 2014, Suffolk County established the 2014 Enhanced Suffolk County Water Quality Protection Program, as an additional source of funding, through bonding, for programs with significant environmental and public health benefits.

This Legislature also finds and determines that the 2014 Enhanced Suffolk County Water Quality Protection Program requires that the bonded funds be issued and expended no later than December 31, 2020, and that the program itself expires on December 31, 2020.

This Legislature further finds and determines that due in large part to the Covid-19 pandemic of 2020, not all funds have been expended under the program and more time is needed in order to complete the program.

Therefore, the purpose of this Charter law is to amend the 2014 Enhanced Suffolk County Water Quality Protection Program in order to extend the life of the program and the time within which all of the bonded funds be expended in accordance with the provisions of the Charter.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-181 Local Law No. 10-2021 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the Board of Trustees of Parks, Recreation, and Conservation ("Parks Trustees") was established by Local Law No. 1-1966, with updates to membership enacted by Local Law No. 15-1988 and Local Law No. 9-1990.

This Legislature also finds and determines that it has been standard practice for the County Executive and the Presiding Officer to designate representatives to attend and vote at Parks

Trustees meetings in their place.

This Legislature further finds and determines that the Charter should be amended to reflect this standard practice.

Therefore, the purpose of this law is to amend Section 28-1 of the Suffolk County Charter to conform the language of the Charter with existing practices for the Parks Trustees.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-182 Local Law No. 26-2021 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Chapter 172 of the Suffolk County Code, enacted by Local Law No. 21-2010, requires that all advisory bodies of the County comply with Article 7 of New York State Public Officers Law, more commonly known as "Open Meetings Law."

This Legislature also finds and determines that under state law, advisory bodies are not generally required to adhere to the strict requirements set forth in Article 7 of New York State Public Officers Law.

This Legislature further finds and determines that while there is tremendous value in ensuring that all County advisory body meetings are open to the public, strict adherence to the requirements in the Open Meetings Law for these bodies can be difficult. This is especially true with respect to the requirements for videoconferencing.

This Legislature finds that since the COVID-19 pandemic began in March of 2020, County advisory bodies have been meeting remotely via Zoom with great success and allowing for public access using that platform.

This Legislature determines that with the reinstatement of the requirements set forth in Article 7 of Public Officers Law, members of advisory boards are required to publicize the remote locations that they are participating from and allow members of the public to attend the meeting from those locations when using videoconferencing capabilities. They have also once again been restricted from the use of teleconferencing.

This Legislature further finds that Chapter 172 should be updated to ensure that meetings of advisory bodies are noticed properly and open to the public, but provide members of the board with the ability to participate remotely without the need to comply with the videoconferencing requirements associated with Open Meetings Law or the prohibition on teleconferencing.

This Legislature also determines that members of the public should also be guaranteed the opportunity to participate remotely when advisory bodies are utilizing videoconferencing or teleconferencing technology.

Therefore, the purpose of this law is to amend Section C24-11 of the Suffolk County Charter and Chapter 172 of the Suffolk County Code to ensure access to advisory body meetings while also providing more flexibility for body members in assembling and conducting business.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-183 Local Law No. 4-2022 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that presently, the Suffolk County Charter authorizes the Commissioner of the Department of Information Technology (the "Department") to appoint a Deputy Commissioner within appropriations provided.

This Legislature also finds and determines that the requirement for the Department to adapt and make rapid technological advances to allow the County to maintain its level of service to residents during the COVID 19 Pandemic shutdown and its aftermath, and in addition, the ongoing threat and exposure of the County to ransomware and other cyber-attacks, has stressed the Department's resources and its staff, and has shown the need to for additional administrative oversight and leadership within the Department.

Therefore, the purpose of this law is to amend the administrative composition of the Department to allow for, subject to appropriations provided by this Legislature, one or more Deputy Commissioners to address the technological challenges that face the County.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-184 Local Law No. 20-2022 also provided as follows.

Section 1. Legislative intent.

This Legislature finds that pursuant to C2-3C(1) the Reapportionment Commission ("the Commission") established under the Suffolk County Charter shall, no later than the first day of February in the calendar year following the publication of the results of the decennial federal census, propose to the Suffolk County Legislature appropriate revisions to the boundaries of the County legislative districts.

This Legislature further finds that due to recent events concerning the convening of the Commission, in order for the Commission to ensure that legislative districts contain substantially equal citizen population and provide fair, equitable, and effective representation for all of the people and communities of Suffolk County, more time will be necessary for the Commission to appropriately meet, hold public hearings, and complete and submit its review as prescribed in the Suffolk County Charter.

This Legislature further finds that it is in the public interest to provide a more extended process for the Commission to perform its work which will create a more transparent redistricting process that allows for greater public input.

This legislature further finds that the demographic information contained in the results of the decennial federal census confirms that four (4) majority minority districts can be included in any reapportionment plan without resorting to gerrymandering and while complying with Federal and State Law and the County Charter.

Therefore, the purpose of this law is to extend the time, for the year 2022 only, for the Reapportionment Commission to propose revisions to the boundaries of the legislative districts as authorized by the Suffolk County Charter and to extend accordingly the time for the Legislature to act if appropriate revisions of legislative boundaries are not proposed by the Commission by this date.

It is further the purpose of this law to require that any revisions proposed by either the Reapportionment Commission, the Legislature and/or the court appointed Master include, at minimum, four (4) majority minority districts in which a racial minority group or groups comprise a majority of the district's total population while also complying with federal and state law and the other requirements set forth in Charter § C2-3C(1)(a).

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-185 Local Law No. 23-2022 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Section C2-14 of the Suffolk County Charter requires the County Executive to hold a hearing on any local law passed by the Legislature and to advertise notice of such public hearing in the official County newspapers.

This Legislature further finds and determines that the time period between publication and holding the hearing is relatively short in that the public hearing must take place not less than four (4) days, but no more than seven (7) days after publication of the notice.

This Legislature finds that given the short time period between the publication and holding of the public hearing that Legislators should be given as much notice as possible in order to notify interested constituents about the hearing in order to promote transparency and community participation in government.

Therefore, the purpose of this law is to amend the Suffolk County Charter to require the County Executive to give the Clerk of the Legislature and individual Legislators notice of a public hearing at the same time the notice is sent to the official newspapers.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-186 Local Law No. 26-2022 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that Suffolk County has a duty to protect the health, safety and well-being of its residents.

This Legislature also finds and determines that airport operations have a broad effect on many legislative districts affecting noise patterns, wildlife, homes, and quiet enjoyment.

This Legislature further finds and determines that increases in the number of flights and other operations of an airport generally increases projected noise exposure and negative reaction of people to increased noise.

This Legislature finds and determines that requests of businesses often conflict with the expectation of the surrounding residents and owners of neighboring lands, and it is important for the Legislature to continue to be involved in the approval process of airport leases and operational changes in order to be able to exercise sufficient diligence over any such request.

Therefore, the purpose of this law is to require that the airport manager of the Francis S. Gabreski Airport at Westhampton Beach first obtain prior legislative approval before seeking Federal Aviation Administration ("FAA") approval for any airport operational certification amendments thereat.

Section 3. Applicability.

This law shall apply to all airport management and the Department of Economic Development and Planning.

§ CA-187 Local Law No. 27-2022 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the State of New York authorized the creation of county and regional planning boards to encourage regional perspectives and planning on issues like economic development, environmental protection, transportation and housing.

This Legislature further finds that since its inception in 1970, the Suffolk County Planning Commission has played an important role in regional planning by reviewing site plans and zoning actions meeting certain jurisdictional requirements, establishing a Comprehensive Plan and recommending land use and planning policies to the County's towns and villages.

This Legislature also finds that state law provides that county planning boards should include members from a broad cross section of interests. Accordingly, the Suffolk County Charter mandates that environmental organizations, organized labor and experts in transportation, workforce housing and municipal planning be represented on the Planning Commission.

This Legislature further determines that, according to the Centers for Disease Control and Prevention, 26% of adults in the United States have some type of disability that impacts their daily life. Individuals with disabilities navigate transportation, housing, recreation, and employment systems that were not designed with their unique needs in mind. Intentionally representing individuals with disabilities on the Planning Commission will elevate important regional considerations in local land use decisions during the review of zoning code amendments and site plan review to ensure that all people can access opportunities to participate in every aspect of life to the best of their abilities and desires.

This Legislature determines that including individuals with disabilities into the land use decisionmaking process, at the beginning of the process, produces better outcomes for all members of society and upholds the spirit of the U.S. Supreme Court's 1999 decision in Olmstead v. L.C.

This Legislature finds that the intersection between accessibility, inclusion, and land use is an important issue in Suffolk County and its future livability depends, to some degree, on planning decisions made with these considerations in mind at the local and regional levels. Accordingly, this Legislature concludes that individuals with disabilities merit representation on the Suffolk County Planning Commission.

Therefore, the purpose of this law is to ensure that the Planning Commission's membership is balanced and representative of the County's many diverse interests and communities.

Section 3. Applicability.

This law shall apply to the membership of the Suffolk County Planning Commission on or after the effective date of this law.

§ CA-188 Local Law No. 31-2022 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that County taxpayer dollars are best spent in furtherance of public safety, public health, social programs, public works, improving infrastructure, preserving open space and farmland, providing affordable housing opportunities and improving the overall quality of life of Suffolk County residents.

The Legislature finds that several of these core functions are presently underfunded and said lack of funding negatively affects public health, safety, and quality of life.

Conversely, this Legislature finds that the public funding of partisan political campaigns, political consultants, political advertisements, political robocalls and the like is not an expense meant to be borne by county taxpayers. Moreover, studies have shown that the public funding of campaigns does not affect the status quo that keeps established parties and incumbent candidates in power.

This Legislature further finds that ordinary taxpayers should not be forced, through the public purse, to support candidates that they would never chose to vote for, and instead, should have the possibility to decide if and when they want to contribute money to a political party, candidate or cause.

This Legislature concludes that the County of Suffolk should focus on delivering the aforementioned services to its residents and abstain from utilizing public resources to fund political campaigns.

Therefore, the purpose of this law is to repeal Local Law No. 8-2018 and terminate the County's campaign finance program.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-189 Local Law No. 34-2022 also provided as follows.

Section 1. Legislative intent.

This Legislature finds that pursuant to C2-3C(1) the Reapportionment Commission ("the Commission") established under the Suffolk County Charter shall, no later than the first day of February in the calendar year following the publication of the results of the decennial federal census, propose to the Suffolk County Legislature appropriate revisions to the boundaries of the County legislative districts.

This Legislature also finds and determines that Local Law 20-2022 extended the time of the Commission to submit a reapportionment pian to the legislature from February 1st to August 1st for the 2020 decennial census due to events concerning the convening of the Commission.

This Legislature further finds that in Local Law 20-2022 this legislature determined that it was in the public interest to provide a more extended process for the Commission to perform its work which will create a more transparent redistricting process that allows for greater public input and therefore amended Section C2-3 of the Suffolk County Charter to now require the Reapportionment Commission to hold a total of twelve public hearings, with 10 meetings being held prior to the Commission commencing work on preparing a reapportionment plan, and two following the preparation of a draft reapportionment plan and prior to making a recommendation to the Legislature.

This Legislature finds that due to what was necessary to hold the ten public hearings that are required prior to the Commission preparing a reapportionment plan, there is insufficient time left for the Commission to prepare a draft reapportionment plan and hold the necessary two public hearings prior to the Commission's deadline for making a recommendation to Legislature.

This Legislature determines that in order to ensure that the Commission has ample time to prepare a reapportionment plan that contains legislative districts with substantially equal citizen population and provides fair, equitable, and effective representation for all of the people and communities of Suffolk County, more time will be necessary for the Commission to appropriately meet, hold public hearings, and complete and submit its review as prescribed in the Suffolk County Charter.

Therefore, the purpose of this law is to extend the time, for the year 2022 only, for the Reapportionment Commission to propose revisions to the boundaries of the legislative districts as authorized by the Suffolk County Charter.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-190 Local Law No. 39-2022 also provided as follows.

Section 1. Legislative intent.

This Legislature finds that population changes demonstrated by the 2020 official federal census make it necessary to reapportion County legislative districts.

This Legislature further finds that the County Legislature is empowered by the Suffolk County Charter to adopt a reapportionment plan.

This Legislature further finds that the Reapportionment Commission, in accordance with C2-3C(2), unanimously adopted a draft reapportionment plan, named Proposal C, yet failed to complete the Commission process by the required statutory deadline.

This Legislature further finds that the reapportionment plan adopted by the Commission as a draft conforms with all constitutional and statutory requirements in that it provides substantially equal representation for the voters of Suffolk County; provides substantially fair and effective representation for the people as organized in political parties; and creates districts that are of convenient and contiguous territory in as compact a form as is practicable.

Therefore, the purpose of this law is to adopt a reapportionment plan, as authorized by the Suffolk County Charter, for the County's legislative districts that ensures fair representation for all the people, constituencies, and communities of Suffolk County.

Section 3. Errors and omissions.

If the districts described herein do not carry out the purposes thereof because of unintentional omissions, duplications, overlapping areas, erroneous nomenclature, lack of adequate maps or descriptions of political subdivisions, or other divisions thereof, or their boundary lines, street closings, changes in names of streets, or other changes of public places, alteration of the boundary or courses of water or waterways, filling in of lands under water, accretion or other changes in shorelines, or alteration of courses, rights-of-way, or lines of public utilities or other conditions, the Suffolk County Board of Elections shall, at the request of any person or candidate aggrieved thereby, by order, correct such omissions, overlaps, erroneous nomenclature, or other defects in the description of districts so as to accomplish the purposes and objectives of this charter law.

Section 4. Applicability.

The County Legislative Districts created by this law shall be filled at the general election to be held in the first odd-numbered year subsequent to the effective date of this law.

§ CA-191 Local Law No. 11-2023 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that in 2014, pursuant to Local Law No. 31-2014, Suffolk County established the 2014 Enhanced Suffolk County Water Quality Protection Program, as an additional source of funding, through bonding, for programs with significant environmental and public health benefits.

This Legislature also finds and determines that the 2014 Enhanced Suffolk County Water Quality Protection Program requires that the bonded funds be issued and expended no later than December 31, 2022, and that the program itself expires on December 31, 2022.

This Legislature further finds and determines that due in large part to the COVID-19 pandemic that began in 2020 and the 2022 cyberattack on the Suffolk County computer systems, not all funds have been expended under the program and more time is needed in order to complete the program.

Therefore, the purpose of this Charter law is to amend the 2014 Enhanced Suffolk County Water Quality Protection Program in order to extend the life of the program and the time within which all of the bonded funds be expended in accordance with the provisions of the Charter.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.

§ CA-192 Local Law No. 21-2023 also provided as follows.

Section 1. Legislative intent.

This Legislature hereby finds and determines that the State of New York authorized the creation of County and regional planning boards to encourage regional perspectives and planning on issues like economic development, environmental protection, transportation and housing.

This Legislature further finds that since its inception in 1970, the Suffolk County Planning Commission has played an important role in regional planning by reviewing site plans and zoning actions meeting certain jurisdictional requirements, establishing a Comprehensive Plan and recommending land use and planning policies to the County's towns and villages.

This Legislature also finds that state law provides that County planning boards should include members from a broad cross section of interests. Accordingly, the Suffolk County Charter mandates that environmental organizations, organized labor and experts in transportation, agriculture, workforce housing and municipal planning be represented on the Planning Commission.

This Legislature further determines that Suffolk County has the largest veterans' population in New York State. Veterans have an important perspective on transportation and housing opportunities. Intentionally representing veterans on the Planning Commission will elevate important regional considerations in local land use decisions during the review of zoning code amendments and site plan review to ensure that all people can access opportunities to participate in every aspect of life.

This Legislature finds that the intersection between accessibility, inclusion, and land use is an important issue in Suffolk County and its future livability depends, to some degree, on planning decisions made with these considerations in mind at the local and regional levels. Accordingly, this Legislature concludes that veterans merit representation on the Suffolk County Planning Commission.

Therefore, the purpose of this law is to ensure that the Planning Commission's membership is balanced and representative of the County's many diverse interests and communities.

Section 3. Applicability.

This law shall apply to the membership of the Suffolk County Planning Commission on or after the effective date of this law.

§ CA-193 Local Law No. 31-2023 also provided as follows.

Section 1. Legislative intent.

This Legislature finds and determines that presently the Suffolk County Charter states that the Personnel Officer appoints the Director of Human Resources with the approval of the County Executive.

The Legislature also finds that it is the responsibility of the Personnel Office to establish qualifications for the numerous classified civil service titles in the Suffolk County Salary and Classification plan and that periodically those standards are adjusted based on the needs of the County, changing workforce dynamics and other factors.

The Legislature also finds that the current language in the Charter strictly limiting the appointment of individuals only to those with a minimum eight (8) years' experience managing a human resources office in either the public sector or private sector is an unnecessary and undue restriction on the Personnel Office in the performance of their duties.

Therefore, the purpose of this law is to restore authority to the Personnel Office to set qualifications for the Director of Human Resources position as the office does for virtually all other classified civil service titles.

Section 3. Applicability.

This law shall apply to all actions occurring on or after the effective date of this law.