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This entry was published on 2014-09-22
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Requests of local governments for enactment of special laws relating to their property, affairs or government
Municipal Home Rule (MHR) CHAPTER 36-A, ARTICLE 5
§ 40. 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
governments 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
legislature 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