S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5363
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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

   Section  1. Resolved (if the Senate concur), That section 1 of article
 9 of the constitution be amended by adding a new subdivision (i) to read
 as follows:
   (I) COUNTIES SHALL HAVE THE POWER, BY ENACTING LOCAL LAW  PURSUANT  TO
 THE  PROVISIONS  OF ARTICLE FOUR OF THE COUNTY LAW, TO PREEMPT OR SUPER-
 CEDE ANY STATE LAW HAVING IMPACT OR EFFECT WITHIN SUCH COUNTY.
   § 2. Resolved (if the Senate concur), That paragraph (c) of section  2
 of article 9 of the constitution be amended to read as follows:
   (c)  In addition to powers granted in the statute of local governments
 or any other law, (i) every local government shall have power  to  adopt
 and  amend  local  laws,  not  inconsistent  with the provisions of this
 constitution [or any general law], relating to its property, affairs  or
 government  and,  (ii)  every local government shall have power to adopt
 and amend local laws, not  inconsistent  with  the  provisions  of  this
 constitution  [or  any general law], relating to the following subjects,
 whether or not they relate to the property,  affairs  or  government  of
 such  local government[, except to the extent that the legislature shall
 restrict the adoption of such a local law relating  to  other  than  the
 property, affairs or government of such local government]:
   (1)  The powers, duties, qualifications, number, mode of selection and
 removal, terms of  office,  compensation,  hours  of  work,  protection,
 welfare and safety of its officers and employees, except that cities and
 towns  shall not have such power with respect to members of the legisla-
 tive body of the county in their capacities as county officers.
   (2) In the case of a city, town or village, the membership and  compo-
 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
 
   (3) The transaction of its business.
   (4)  The incurring of its obligations, except that local laws relating
 to financing by the issuance of evidences of indebtedness by such  local
 government shall be consistent with laws enacted by the legislature.
   (5)  The  presentation,  ascertainment and discharge of claims against
 it.
   (6) The acquisition, care, management and use of its highways,  roads,
 streets, avenues and property.
   (7)  The  acquisition  of its transit facilities and the ownership and
 operation thereof.
   (8) The levy, collection and administration of local taxes  authorized
 by the legislature and of assessments for local improvements, consistent
 with laws enacted by the legislature.
   (9)  The  wages  or  salaries,  the  hours  of  work or labor, and the
 protection, welfare and safety of persons employed by any contractor  or
 sub-contractor performing work, labor or services for it.
   (10)  The  government,  protection, order, conduct, safety, health and
 well-being of persons or property therein.
   § 3. Resolved (if the Senate concur), That the foregoing amendment  be
 referred  to  the  first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.