Bill Text: NY A09876 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 9876 (Prior Session Legislation)

Introduced

Bill Title: Eliminates the requirement for home rule requests prior to enacting local legislation in certain cases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-27 - referred to local governments [A09876 Detail]

Download: New_York-2013-A09876-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9876
                                 I N  A S S E M B L Y
                                     May 27, 2014
                                      ___________
       Introduced  by M. of A. LALOR -- read once and referred to the Committee
         on Local Governments
       AN ACT to amend the municipal home rule law, in relation  to  home  rule
         requests for municipal legislation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 40 of the municipal home rule law,  as  amended  by
    2  chapter 78 of the laws of 1964, is amended to read as follows:
    3    S  40.  1. Requests of local governments for enactment of special laws
    4  relating to their property,  affairs  or  government.  The  elective  or
    5  appointive  chief  executive  officer, if there be one, or otherwise the
    6  chairman of the board of supervisors, in the case of a county, the mayor
    7  in the case of a city or village or the supervisor in the case of a town
    8  with the concurrence of the legislative body of such  local  government,
    9  or  the  legislative  body  by  a vote of two-thirds of its total voting
   10  power without the approval of such officer, may request the  legislature
   11  to  pass a specific bill relating to the property, affairs or government
   12  of such local government which does not in terms  and  in  effect  apply
   13  alike  to  all  counties,  all counties other than those wholly included
   14  within a city, all cities, all towns or all villages, as  the  case  may
   15  be.  Such  a request may be made separately by two or more local govern-
   16  ments affected by the same bill. Every such request shall declare that a
   17  necessity exists for the passage of such bill  by  the  legislature  and
   18  shall  recite the facts establishing such necessity. The form of request
   19  and the manner of its communication to the legislature shall conform  to
   20  rules  promulgated  by  concurrent resolution of the senate and assembly
   21  pursuant to article three-A of the legislative law. In adopting  such  a
   22  request  the  legislative  body  shall  be governed by the provisions of
   23  subdivision one of section twenty of this chapter  with  regard  to  the
   24  adoption  of  a local law. The validity of an act passed by the legisla-
   25  ture in accordance with such a request shall not be subject to review by
   26  the courts on the ground that the necessity alleged in the  request  did
   27  not exist or was not properly established by the facts recited.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15204-02-4
       A. 9876                             2
    1    2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
    2  A MUNICIPALITY, ACTING THROUGH ITS GOVERNING BODY, MAY PASS LOCAL  LAWS,
    3  RULES  OR REGULATIONS RELATING TO THE PROPERTY, AFFAIRS OR GOVERNMENT OF
    4  SUCH MUNICIPALITY CONCERNING  MATTERS  WHICH  ARE  INHERENTLY  LOCAL  IN
    5  NATURE  AND  SPECIFIC  TO THE MUNICIPALITY WITHOUT THE SUBMISSION TO THE
    6  LEGISLATURE OF A REQUEST FOR LEGISLATION AS PROVIDED IN SUBDIVISION  ONE
    7  OF THIS SECTION.
    8    S 2. This act shall take effect immediately.