§ 34 — Limitations and restrictions

New York § 34

• Jurisdiction: New York
• Law MHR: Municipal Home Rule
• Part 1: The County Charter Law
• Art. 4: Powers of Counties and Cities to Adopt Charters

Text

§ 34. Limitations and restrictions. 1. The legislature hereby imposes\nthe following limitations on the powers of counties to prepare, adopt\nand amend county charters and charter laws.\n 2. Except in accordance with or consistent with laws enacted by the\nlegislature, a county charter or charter law shall not contain\nprovisions relating to:\n a. Taxation of the property of the state or of any of its agencies;\n b. Exemptions from taxation;\n c. Assistance by the state to any unit of local government;\n d. The division of the county into two or more counties or the\ncreation, enlargement, diminution or abolition of any city, town,\nvillage or school district;\n e. The compensation of members of the judiciary fixed by the\nlegislature;\n f. The composition, functions, powers, duties or jurisdiction of a\ncourt or of the officers thereof, except that functions, powers or\nduties assigned to units of local government or agencies or officers\nthereof outside the judicial system may be transferred to other units of\nlocal government, agencies or officers as authorized by this article.\n 3. Except in accordance with provisions of this chapter or with other\nlaws enacted by the legislature, a county charter or charter law shall\nnot supersede any general or special law enacted by the legislature:\n a. Which relates to the imposition, judicial review or distribution of\nthe proceeds of taxes or benefit assessments;\n b. Insofar as it relates to the educational system in the county or to\nschool districts therein, except that functions, powers or duties\nassigned to units of local government or to agencies or officers thereof\noutside the educational system may be transferred to other units of\nlocal government, agencies or officers as authorized by this article;\n c. Which requires that specified functions of government be performed\nby or financed by units of local government, except that any of such\nfunctions may be transferred to other units of local government,\nagencies or officers as authorized by this article;\n d. Insofar as it relates to a function, power or duty of the state or\nof any officer or agency thereof which is financed directly by the\nstate;\n e. Insofar as it relates to the commencement or prosecution of actions\nor proceedings against the county;\n f. Insofar as it relates to a public benefit corporation;\n g. In this chapter or in the civil service law, eminent domain\nprocedure law, environmental conservation law, election law, executive\nlaw, judiciary law, labor law, local finance law, multiple dwelling law,\nmultiple residence law, public authorities law, public housing law,\npublic service law, railroad law, retirement and social security law,\nstate finance law, volunteer firefighters' benefit law, volunteer\nambulance workers' benefit law, or workers' compensation law; and\n h. Insofar as it relates to requirements for counties, other than\ncounties in the city of New York, to hold elections in even-numbered\nyears for any position of a county elected official, other than the\noffice of sheriff, county clerk, district attorney, family court judge,\ncounty court judge, surrogate court judge, or any county offices with a\nthree-year term prior to January first, two thousand twenty-five.\n 4. Notwithstanding any local law to the contrary, any plan of\ndistricting or redistricting adopted pursuant to a county charter or\ncharter law relating to the division of any county, except a county\nwholly contained within a city, into districts for the purpose of the\napportionment or reapportionment of members of its local legislative\nbody shall be subject to federal and state constitutional requirements\nand shall comply with the following standards, which shall have priority\nin the order herein set forth, to the extent applicable:\n a. If such plan of districting or redistricting includes only\nsingle-member districts, such districts shall be as nearly equal in\npopulation as is practicable; the difference in population between the\nmost and least populous district shall not exceed five percent of the\nmean population of all districts. If such plan of districting or\nredistricting includes multi-member districts, the plan shall provide\nsubstantially equal weight for the population of that county in the\nallocation of representation in the legislative body of that county; and\n b. Districts shall not be drawn with the intent or result of denying\nor abridging the equal opportunity of racial or language minority groups\nto participate in the political process or to diminish their ability to\nelect representatives of their choice; and\n c. Districts shall consist of contiguous territory; and\n d. Districts shall be as compact in form as practicable; and\n e. Districts shall not be drawn to discourage competition or for the\npurpose of favoring or disfavoring incumbents or other particular\ncandidates or political parties. The maintenance of cores of existing\ndistricts, of pre-existing political subdivisions including cities,\nvillages, and towns, and of communities of interest shall also be\nconsidered. To the extent practicable, no villages, cities or towns\nexcept those having more than forty percent of a full ratio for each\ndistrict shall be divided; and\n f. Districts shall be formed so as to promote the orderly and\nefficient administration of elections.\n 5. After the adoption of a county charter by a county, no law enacted\nby the legislature pursuant to paragraph two of subdivision (h) of\nsection one of article nine of the constitution which does not apply\nalike to all counties outside the city of New York, and no charter law\nor local law, which in its application to such county abolishes or\ncreates an elective county office, changes the voting or veto power of\nor the method of removing an elective county officer during his term of\noffice, abolishes, curtails or transfers to another county officer or\nagency any power of an elective county officer, or changes the form or\ncomposition of the board of supervisors of such county, shall become\neffective in such county until at least sixty days after its final\nenactment. If (a) the legislature in enacting such a law shall provide\nthat it shall be submitted to the qualified electors of the county for\ntheir approval, or (b) the board of supervisors on its own motion, in\nthe manner provided by subdivision four of section one hundred one of\nthe county law, shall provide that such a charter law or local law\nadopted by it shall be submitted to the qualified electors of the county\nfor their approval, or (c) within such sixty days electors of the\ncounty, duly registered to vote therein either for the last preceding or\nthe next following general election, in number equal to at least five\nper centum of the total number of votes cast in the county for governor\nat the last gubernatorial election, shall file a petition with the\ncounty clerk or corresponding officer of the county protesting against\nsuch law, charter law or local law, it shall become effective in such\ncounty only if approved by the electors thereof at the next ensuing\ngeneral election held at least sixty days thereafter, subject to the\nconditions provided in subdivision seven of section thirty-three of this\nchapter for the adoption of a county charter when voted on by the\nelectors of a county.\n