Bill Text: NY A05363 | 2019-2020 | 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 4-0)

Status: (Introduced - Dead) 2020-03-10 - held for consideration in governmental operations [A05363 Detail]

Download: New_York-2019-A05363-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5363
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced  by  M. of A. DiPIETRO, RAIA -- read once and referred to the
          Committee 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 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.
                                                                   LBD89083-01-9
        A. 5363                             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.