Legislation
SECTION 2
Powers and duties of legislature; home rule powers of local governments; statute of local governments
Constitution (CNS) CHAPTER , ARTICLE IX
Powers and duties of legislature; home rule powers of local
governments; statute of local governments.
§ 2. (a) The legislature shall provide for the creation and
organization of local governments in such manner as shall secure to them
the rights, powers, privileges and immunities granted to them by this
constitution.
(b) Subject to the bill of rights of local governments and other
applicable provisions of this constitution, the legislature:
(1) Shall enact, and may from time to time amend, a statute of local
governments granting to local governments powers including but not
limited to those of local legislation and administration in addition to
the powers vested in them by this article. A power granted in such
statute may be repealed, diminished, impaired or suspended only by
enactment of a statute by the legislature with the approval of the
governor at its regular session in one calendar year and the
re-enactment and approval of such statute in the following calendar
year.
(2) Shall have the power to act in relation to the property, affairs
or government of any local government only by general law, or by special
law only (a) on request of two-thirds of the total membership of its
legislative body or on request of its chief executive officer concurred
in by a majority of such membership, or (b), except in the case of the
city of New York, on certificate of necessity from the governor reciting
facts which in the judgment of the governor constitute an emergency
requiring enactment of such law and, in such latter case, with the
concurrence of two-thirds of the members elected to each house of the
legislature.
(3) Shall have the power to confer on local governments powers not
relating to their property, affairs or government including but not
limited to those of local legislation and administration, in addition to
those otherwise granted by or pursuant to this article, and to withdraw
or restrict such additional powers.
(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
legislative body of the county in their capacities as county officers.
(2) In the case of a city, town or village, the membership and
composition of its legislative body.
(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.
(d) Except in the case of a transfer of functions under an alternative
form of county government, a local government shall not have power to
adopt local laws which impair the powers of any other local government.
(e) The rights and powers of local governments specified in this
section insofar as applicable to any county within the city of New York
shall be vested in such city.
governments; statute of local governments.
§ 2. (a) The legislature shall provide for the creation and
organization of local governments in such manner as shall secure to them
the rights, powers, privileges and immunities granted to them by this
constitution.
(b) Subject to the bill of rights of local governments and other
applicable provisions of this constitution, the legislature:
(1) Shall enact, and may from time to time amend, a statute of local
governments granting to local governments powers including but not
limited to those of local legislation and administration in addition to
the powers vested in them by this article. A power granted in such
statute may be repealed, diminished, impaired or suspended only by
enactment of a statute by the legislature with the approval of the
governor at its regular session in one calendar year and the
re-enactment and approval of such statute in the following calendar
year.
(2) Shall have the power to act in relation to the property, affairs
or government of any local government only by general law, or by special
law only (a) on request of two-thirds of the total membership of its
legislative body or on request of its chief executive officer concurred
in by a majority of such membership, or (b), except in the case of the
city of New York, on certificate of necessity from the governor reciting
facts which in the judgment of the governor constitute an emergency
requiring enactment of such law and, in such latter case, with the
concurrence of two-thirds of the members elected to each house of the
legislature.
(3) Shall have the power to confer on local governments powers not
relating to their property, affairs or government including but not
limited to those of local legislation and administration, in addition to
those otherwise granted by or pursuant to this article, and to withdraw
or restrict such additional powers.
(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
legislative body of the county in their capacities as county officers.
(2) In the case of a city, town or village, the membership and
composition of its legislative body.
(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.
(d) Except in the case of a transfer of functions under an alternative
form of county government, a local government shall not have power to
adopt local laws which impair the powers of any other local government.
(e) The rights and powers of local governments specified in this
section insofar as applicable to any county within the city of New York
shall be vested in such city.