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This entry was published on 2014-09-22
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Legislative intent; construction
Municipal Home Rule (MHR) CHAPTER 36-A, ARTICLE 4, PART 1
§ 35. Legislative intent; construction. 1. It is the intention of the
legislature by this county charter law to provide for carrying into
effect the provisions of paragraph (h) of subdivision one of article
nine of the constitution and, pursuant to the direction contained
therein, to empower counties to prepare, adopt and amend county charters
by local legislative action, subject to limitations imposed herein.

2. It is not the intention of the legislature hereby to (a) abolish or
curtail any powers or rights heretofore conferred upon or delegated to a
county or counties or to any of the units of government therein or to
any board, commission, body or officer thereof, or (b) adversely to
affect the power of a county to adopt, amend or repeal county charters,
county laws or local laws pursuant to any other authorization of the
legislature, unless a contrary intention is clearly manifested from the
express provisions of this county charter law or by necessary intendment

3. This county charter law shall be construed liberally. The powers
herein granted shall be in addition to any other powers granted to
counties by any other provisions of general or special laws, including
but not limited to charters, administrative codes, special acts or local
laws. A permissive procedure authorized hereby shall not be deemed to be
exclusive or to prohibit the use of any other procedure authorized by
any general or special act of the legislature, charter, administrative
code or local law lawfully adopted and still in effect.

4. All existing state, county, local and other laws or enactments,
including charters, administrative codes and special acts having the
force of law shall continue in force until lawfully amended, modified,
superseded or repealed.

5. If any provision of the county charter law is not clear or requires
elaboration in its application to the county, the board of supervisors
may interpret such provision in a local law not inconsistent with the
provisions hereof. Where any question arises concerning the transition
to a charter law which is not provided for herein, the board of
supervisors may provide for such transition by a local law not
inconsistent with the provisions hereof.

6. If any provision of this county charter law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the particular provision directly involved
in the controversy in which such judgment is rendered.