N.Y. Municipal Home Rule § 34: Limitations and restrictions

§ 34. Limitations and restrictions. 1. The legislature hereby imposes

the following limitations on the powers of counties to prepare, adopt

and amend county charters and charter laws.

2. Except in accordance with or consistent with laws enacted by the

legislature, a county charter or charter law shall not contain

provisions relating to:

a. Taxation of the property of the state or of any of its agencies;

b. Exemptions from taxation;

c. Assistance by the state to any unit of local government;

d. The division of the county into two or more counties or the

creation, enlargement, diminution or abolition of any city, town,

village or school district;

e. The compensation of members of the judiciary fixed by the

legislature;

f. The composition, functions, powers, duties or jurisdiction of a

court or of the officers thereof, except that functions, powers or

duties assigned to units of local government or agencies or officers

thereof outside the judicial system may be transferred to other units of

local government, agencies or officers as authorized by this article.

3. Except in accordance with provisions of this chapter or with other

laws enacted by the legislature, a county charter or charter law shall

not supersede any general or special law enacted by the legislature:

a. Which relates to the imposition, judicial review or distribution of

the proceeds of taxes or benefit assessments;

b. Insofar as it relates to the educational system in the county or to

school districts therein, except that functions, powers or duties

assigned to units of local government or to agencies or officers thereof

outside the educational system may be transferred to other units of

local government, agencies or officers as authorized by this article;

c. Which requires that specified functions of government be performed

by or financed by units of local government, except that any of such

functions may be transferred to other units of local government,

agencies or officers as authorized by this article;

d. Insofar as it relates to a function, power or duty of the state or

of any officer or agency thereof which is financed directly by the

state;

e. Insofar as it relates to the commencement or prosecution of actions

or proceedings against the county;

f. Insofar as it relates to a public benefit corporation;

g. In this chapter or in the civil service law, eminent domain

procedure law, environmental conservation law, election law, executive

law, judiciary law, labor law, local finance law, multiple dwelling law,

multiple residence law, public authorities law, public housing law,

public service law, railroad law, retirement and social security law,

state finance law, volunteer firefighters' benefit law, volunteer

ambulance workers' benefit law, or workers' compensation law;

h. Insofar as it relates to requirements for counties, other than

counties in the city of New York, to hold elections in even-numbered

years for any position of a county elected official, other than the

office of sheriff, county clerk, district attorney, family court judge,

county court judge, surrogate court judge, or any county offices with a

three-year term prior to January first, two thousand twenty-five; and

i. Insofar as it conflicts with, or fails to meet or exceed any

provisions, requirements, or prohibitions pertaining to immigration

enforcement as set forth in subparts A through H of the chapter of the

laws of two thousand twenty-six that added this paragraph.

4. Notwithstanding any local law to the contrary, any plan of

districting or redistricting adopted pursuant to a county charter or

charter law relating to the division of any county, except a county

wholly contained within a city, into districts for the purpose of the

apportionment or reapportionment of members of its local legislative

body shall be subject to federal and state constitutional requirements

and shall comply with the following standards, which shall have priority

in the order herein set forth, to the extent applicable:

a. If such plan of districting or redistricting includes only

single-member districts, such districts shall be as nearly equal in

population as is practicable; the difference in population between the

most and least populous district shall not exceed five percent of the

mean population of all districts. If such plan of districting or

redistricting includes multi-member districts, the plan shall provide

substantially equal weight for the population of that county in the

allocation of representation in the legislative body of that county; and

b. Districts shall not be drawn with the intent or result of denying

or abridging the equal opportunity of racial or language minority groups

to participate in the political process or to diminish their ability to

elect representatives of their choice; and

c. Districts shall consist of contiguous territory; and

d. Districts shall be as compact in form as practicable; and

e. Districts shall not be drawn to discourage competition or for the

purpose of favoring or disfavoring incumbents or other particular

candidates or political parties. The maintenance of cores of existing

districts, of pre-existing political subdivisions including cities,

villages, and towns, and of communities of interest shall also be

considered. To the extent practicable, no villages, cities or towns

except those having more than forty percent of a full ratio for each

district shall be divided; and

f. Districts shall be formed so as to promote the orderly and

efficient administration of elections.

5. After the adoption of a county charter by a county, no law enacted

by the legislature pursuant to paragraph two of subdivision (h) of

section one of article nine of the constitution which does not apply

alike to all counties outside the city of New York, and no charter law

or local law, which in its application to such county abolishes or

creates an elective county office, changes the voting or veto power of

or the method of removing an elective county officer during his term of

office, abolishes, curtails or transfers to another county officer or

agency any power of an elective county officer, or changes the form or

composition of the board of supervisors of such county, shall become

effective in such county until at least sixty days after its final

enactment. If (a) the legislature in enacting such a law shall provide

that it shall be submitted to the qualified electors of the county for

their approval, or (b) the board of supervisors on its own motion, in

the manner provided by subdivision four of section one hundred one of

the county law, shall provide that such a charter law or local law

adopted by it shall be submitted to the qualified electors of the county

for their approval, or (c) within such sixty days electors of the

county, duly registered to vote therein either for the last preceding or

the next following general election, in number equal to at least five

per centum of the total number of votes cast in the county for governor

at the last gubernatorial election, shall file a petition with the

county clerk or corresponding officer of the county protesting against

such law, charter law or local law, it shall become effective in such

county only if approved by the electors thereof at the next ensuing

general election held at least sixty days thereafter, subject to the

conditions provided in subdivision seven of section thirty-three of this

chapter for the adoption of a county charter when voted on by the

electors of a county.