S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4783
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 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

   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.
                                                            LBD89013-01-1

 A. 4783                             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.