§ 40 — Requests of local governments for enactment of special laws relating to their property, affairs or government

New York § 40

• Jurisdiction: New York
• Law MHR: Municipal Home Rule
• Art. 5: Requests of Local Governments For Enactment of Special Laws Relating to Their Property, Affairs or Government

Text

§ 40. Requests of local governments for enactment of special laws\nrelating to their property, affairs or government. The elective or\nappointive chief executive officer, if there be one, or otherwise the\nchairman of the board of supervisors, in the case of a county, the mayor\nin the case of a city or village or the supervisor in the case of a town\nwith the concurrence of the legislative body of such local government,\nor the legislative body by a vote of two-thirds of its total voting\npower without the approval of such officer, may request the legislature\nto pass a specific bill relating to the property, affairs or government\nof such local government which does not in terms and in effect apply\nalike to all counties, all counties other than those wholly included\nwithin a city, all cities, all towns or all villages, as the case may\nbe. Such a request may be made separately by two or more local\ngovernments affected by the same bill. Every such request shall declare\nthat a necessity exists for the passage of such bill by the legislature\nand shall recite the facts establishing such necessity. The form of\nrequest and the manner of its communication to the legislature shall\nconform to rules promulgated by concurrent resolution of the senate and\nassembly pursuant to article three-A of the legislative law. In adopting\nsuch a request the legislative body shall be governed by the provisions\nof subdivision one of section twenty of this chapter with regard to the\nadoption of a local law. The validity of an act passed by the\nlegislature in accordance with such a request shall not be subject to\nreview by the courts on the ground that the necessity alleged in the\nrequest did not exist or was not properly established by the facts\nrecited.\n