The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD89060-01-7

A. 5425                             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.