Bill Text: NY A04783 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the power of county legislatures to preempt or supercede state laws.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-18 - opinion referred to judiciary [A04783 Detail]
Download: New_York-2021-A04783-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4783 2021-2022 Regular Sessions IN ASSEMBLY February 8, 2021 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Governmental Operations CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections 1 and 2 of article 9 of the constitu- tion, in relation to the right of counties to preempt or supercede state laws 1 Section 1. Resolved (if the Senate concur), That section 1 of article 2 9 of the constitution be amended by adding a new subdivision (i) to read 3 as follows: 4 (i) Counties shall have the power, by enacting local law pursuant to 5 the provisions of article four of the county law, to preempt or super- 6 cede any state law having impact or effect within such county. 7 § 2. Resolved (if the Senate concur), That paragraph (c) of section 2 8 of article 9 of the constitution be amended to read as follows: 9 (c) In addition to powers granted in the statute of local governments 10 or any other law, (i) every local government shall have power to adopt 11 and amend local laws, not inconsistent with the provisions of this 12 constitution [or any general law], relating to its property, affairs or 13 government and, (ii) every local government shall have power to adopt 14 and amend local laws, not inconsistent with the provisions of this 15 constitution [or any general law], relating to the following subjects, 16 whether or not they relate to the property, affairs or government of 17 such local government[, except to the extent that the legislature shall18restrict the adoption of such a local law relating to other than the19property, affairs or government of such local government]: 20 (1) The powers, duties, qualifications, number, mode of selection and 21 removal, terms of office, compensation, hours of work, protection, 22 welfare and safety of its officers and employees, except that cities and 23 towns shall not have such power with respect to members of the legisla- 24 tive body of the county in their capacities as county officers. 25 (2) In the case of a city, town or village, the membership and compo- 26 sition of its legislative body. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89013-01-1A. 4783 2 1 (3) The transaction of its business. 2 (4) The incurring of its obligations, except that local laws relating 3 to financing by the issuance of evidences of indebtedness by such local 4 government shall be consistent with laws enacted by the legislature. 5 (5) The presentation, ascertainment and discharge of claims against 6 it. 7 (6) The acquisition, care, management and use of its highways, roads, 8 streets, avenues and property. 9 (7) The acquisition of its transit facilities and the ownership and 10 operation thereof. 11 (8) The levy, collection and administration of local taxes authorized 12 by the legislature and of assessments for local improvements, consistent 13 with laws enacted by the legislature. 14 (9) The wages or salaries, the hours of work or labor, and the 15 protection, welfare and safety of persons employed by any contractor or 16 sub-contractor performing work, labor or services for it. 17 (10) The government, protection, order, conduct, safety, health and 18 well-being of persons or property therein. 19 § 3. Resolved (if the Senate concur), That the foregoing amendment be 20 referred to the first regular legislative session convening after the 21 next succeeding general election of members of the assembly, and, in 22 conformity with section 1 of article 19 of the constitution, be 23 published for 3 months previous to the time of such election.
