Bill Text: NY A05906 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the power of county legislatures to preempt or supercede state laws.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-03-08 - held for consideration in governmental operations [A05906 Detail]

Download: New_York-2015-A05906-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5906
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2015
                                      ___________
       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    S  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  shall
   18  restrict  the  adoption  of  such a local law relating to other than the
   19  property, 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.
                                                                  LBD89086-01-5
       A. 5906                             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    S 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.