assembly Bill A5425

2017-2018 Legislative Session

Relates to the power of county legislatures to preempt or supercede state laws

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 08, 2018 held for consideration in governmental operations
Jan 31, 2018 opinion referred to judiciary
Jan 08, 2018 to attorney-general for opinion
Jan 03, 2018 referred to governmental operations
Mar 06, 2017 opinion referred to judiciary
Feb 10, 2017 to attorney-general for opinion
Feb 08, 2017 referred to governmental operations

Co-Sponsors

A5425 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 9 §§1 & 2, Constn
Versions Introduced in Other Legislative Sessions:
2015-2016: A5906
2019-2020: A5363

A5425 (ACTIVE) - Summary

Relates to the power of county legislatures to preempt or supercede state laws.

A5425 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5425

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2017
                               ___________

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

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