STATE OF NEW YORK
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5363
2019-2020 Regular Sessions
IN ASSEMBLY
February 11, 2019
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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.
