§ 34. Limitations and restrictions. 1. The legislature hereby imposes
the following limitations on the powers of counties to prepare, adopt
and amend county charters and charter laws.

2. Except in accordance with or consistent with laws enacted by the
legislature, a county charter or charter law shall not contain
provisions relating to:

a. Taxation of the property of the state or of any of its agencies;

b. Exemptions from taxation;

c. Assistance by the state to any unit of local government;

d. The division of the county into two or more counties or the
creation, enlargement, diminution or abolition of any city, town,
village or school district;

e. The compensation of members of the judiciary fixed by the
legislature;

f. The composition, functions, powers, duties or jurisdiction of a
court or of the officers thereof, except that functions, powers or
duties assigned to units of local government or agencies or officers
thereof outside the judicial system may be transferred to other units of
local government, agencies or officers as authorized by this article.

3. Except in accordance with provisions of this chapter or with other
laws enacted by the legislature, a county charter or charter law shall
not supersede any general or special law enacted by the legislature:

a. Which relates to the imposition, judicial review or distribution of
the proceeds of taxes or benefit assessments;

b. Insofar as it relates to the educational system in the county or to
school districts therein, except that functions, powers or duties
assigned to units of local government or to agencies or officers thereof
outside the educational system may be transferred to other units of
local government, agencies or officers as authorized by this article;

c. Which requires that specified functions of government be performed
by or financed by units of local government, except that any of such
functions may be transferred to other units of local government,
agencies or officers as authorized by this article;

d. Insofar as it relates to a function, power or duty of the state or
of any officer or agency thereof which is financed directly by the
state;

e. Insofar as it relates to the commencement or prosecution of actions
or proceedings against the county;

f. Insofar as it relates to a public benefit corporation;

* g. In this chapter or in the civil service law, eminent domain
procedure law, environmental conservation law, election law, executive
law, judiciary law, labor law, local finance law, multiple dwelling law,
multiple residence law, public authorities law, public housing law,
public service law, railroad law, retirement and social security law,
state finance law, volunteer firefighters' benefit law, volunteer
ambulance workers' benefit law, or workers' compensation law.

* NB Effective until January 1, 2025

* g. In this chapter or in the civil service law, eminent domain
procedure law, environmental conservation law, election law, executive
law, judiciary law, labor law, local finance law, multiple dwelling law,
multiple residence law, public authorities law, public housing law,
public service law, railroad law, retirement and social security law,
state finance law, volunteer firefighters' benefit law, volunteer
ambulance workers' benefit law, or workers' compensation law; and

* NB Effective January 1, 2025

* h. Insofar as it relates to requirements for counties, other than
counties in the city of New York, to hold elections in even-numbered
years for any position of a county elected official, other than the
office of sheriff, county clerk, district attorney, family court judge,
county court judge, surrogate court judge, or any county offices with a
three-year term prior to January first, two thousand twenty-five.

* NB Effective January 1, 2025

4. Notwithstanding any local law to the contrary, any plan of
districting or redistricting adopted pursuant to a county charter or
charter law relating to the division of any county, except a county
wholly contained within a city, into districts for the purpose of the
apportionment or reapportionment of members of its local legislative
body shall be subject to federal and state constitutional requirements
and shall comply with the following standards, which shall have priority
in the order herein set forth, to the extent applicable:

a. If such plan of districting or redistricting includes only
single-member districts, such districts shall be as nearly equal in
population as is practicable; the difference in population between the
most and least populous district shall not exceed five percent of the
mean population of all districts. If such plan of districting or
redistricting includes multi-member districts, the plan shall provide
substantially equal weight for the population of that county in the
allocation of representation in the legislative body of that county; and

b. Districts shall not be drawn with the intent or result of denying
or abridging the equal opportunity of racial or language minority groups
to participate in the political process or to diminish their ability to
elect representatives of their choice; and

c. Districts shall consist of contiguous territory; and

d. Districts shall be as compact in form as practicable; and

e. Districts shall not be drawn to discourage competition or for the
purpose of favoring or disfavoring incumbents or other particular
candidates or political parties. The maintenance of cores of existing
districts, of pre-existing political subdivisions including cities,
villages, and towns, and of communities of interest shall also be
considered. To the extent practicable, no villages, cities or towns
except those having more than forty percent of a full ratio for each
district shall be divided; and

f. Districts shall be formed so as to promote the orderly and
efficient administration of elections.

5. After the adoption of a county charter by a county, no law enacted
by the legislature pursuant to paragraph two of subdivision (h) of
section one of article nine of the constitution which does not apply
alike to all counties outside the city of New York, and no charter law
or local law, which in its application to such county abolishes or
creates an elective county office, changes the voting or veto power of
or the method of removing an elective county officer during his term of
office, abolishes, curtails or transfers to another county officer or
agency any power of an elective county officer, or changes the form or
composition of the board of supervisors of such county, shall become
effective in such county until at least sixty days after its final
enactment. If (a) the legislature in enacting such a law shall provide
that it shall be submitted to the qualified electors of the county for
their approval, or (b) the board of supervisors on its own motion, in
the manner provided by subdivision four of section one hundred one of
the county law, shall provide that such a charter law or local law
adopted by it shall be submitted to the qualified electors of the county
for their approval, or (c) within such sixty days electors of the
county, duly registered to vote therein either for the last preceding or
the next following general election, in number equal to at least five
per centum of the total number of votes cast in the county for governor
at the last gubernatorial election, shall file a petition with the
county clerk or corresponding officer of the county protesting against
such law, charter law or local law, it shall become effective in such
county only if approved by the electors thereof at the next ensuing
general election held at least sixty days thereafter, subject to the
conditions provided in subdivision seven of section thirty-three of this
chapter for the adoption of a county charter when voted on by the
electors of a county.