S T A T E O F N E W Y O R K
________________________________________________________________________
9876
I N A S S E M B L Y
May 27, 2014
___________
Introduced by M. of A. LALOR -- read once and referred to the Committee
on Local Governments
AN ACT to amend the municipal home rule law, in relation to home rule
requests for municipal legislation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 40 of the municipal home rule law, as amended by
chapter 78 of the laws of 1964, is amended to read as follows:
S 40. 1. Requests of local governments for enactment of special laws
relating to their property, affairs or government. The elective or
appointive chief executive officer, if there be one, or otherwise the
chairman of the board of supervisors, in the case of a county, the mayor
in the case of a city or village or the supervisor in the case of a town
with the concurrence of the legislative body of such local government,
or the legislative body by a vote of two-thirds of its total voting
power without the approval of such officer, may request the legislature
to pass a specific bill relating to the property, affairs or government
of such local government which does not in terms and in effect apply
alike to all counties, all counties other than those wholly included
within a city, all cities, all towns or all villages, as the case may
be. Such a request may be made separately by two or more local govern-
ments affected by the same bill. Every such request shall declare that a
necessity exists for the passage of such bill by the legislature and
shall recite the facts establishing such necessity. The form of request
and the manner of its communication to the legislature shall conform to
rules promulgated by concurrent resolution of the senate and assembly
pursuant to article three-A of the legislative law. In adopting such a
request the legislative body shall be governed by the provisions of
subdivision one of section twenty of this chapter with regard to the
adoption of a local law. The validity of an act passed by the legisla-
ture in accordance with such a request shall not be subject to review by
the courts on the ground that the necessity alleged in the request did
not exist or was not properly established by the facts recited.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15204-02-4
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