N.Y. Const. art. IX, § 2: Powers and duties of legislature; home rule powers of local governments; statute of local governments

Powers and duties of legislature; home rule powers of local

governments; statute of local governments.

§ 2. (a) The legislature shall provide for the creation and

organization of local governments in such manner as shall secure to them

the rights, powers, privileges and immunities granted to them by this

constitution.

(b) Subject to the bill of rights of local governments and other

applicable provisions of this constitution, the legislature:

(1) Shall enact, and may from time to time amend, a statute of local

governments granting to local governments powers including but not

limited to those of local legislation and administration in addition to

the powers vested in them by this article. A power granted in such

statute may be repealed, diminished, impaired or suspended only by

enactment of a statute by the legislature with the approval of the

governor at its regular session in one calendar year and the

re-enactment and approval of such statute in the following calendar

year.

(2) Shall have the power to act in relation to the property, affairs

or government of any local government only by general law, or by special

law only (a) on request of two-thirds of the total membership of its

legislative body or on request of its chief executive officer concurred

in by a majority of such membership, or (b), except in the case of the

city of New York, on certificate of necessity from the governor reciting

facts which in the judgment of the governor constitute an emergency

requiring enactment of such law and, in such latter case, with the

concurrence of two-thirds of the members elected to each house of the

legislature.

(3) Shall have the power to confer on local governments powers not

relating to their property, affairs or government including but not

limited to those of local legislation and administration, in addition to

those otherwise granted by or pursuant to this article, and to withdraw

or restrict such additional powers.

(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

legislative body of the county in their capacities as county officers.

(2) In the case of a city, town or village, the membership and

composition of its legislative body.

(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.

(d) Except in the case of a transfer of functions under an alternative

form of county government, a local government shall not have power to

adopt local laws which impair the powers of any other local government.

(e) The rights and powers of local governments specified in this

section insofar as applicable to any county within the city of New York

shall be vested in such city.