NY-SLG Statute of Local Governments Law NY

Short title. This chapter shall be known, cited and referred to

as the "statute of local governments."

Legislative intent. In providing for effective local

self-government and intergovernmental cooperation which the bill of

rights for local governments in article nine of the constitution

declares to be purposes of the people of the state of New York, it is

the intention of the legislature by the enactment of this chapter to

provide a statute of local governments and to grant powers therein to

local governments pursuant to paragraph one of subdivision (b) of

section two of article nine of the constitution. Powers granted to local

governments in this statute of local governments may be repealed,

diminished, impaired or suspended only by the 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.

Definitions. As used in this chapter the following terms shall

mean or include:

1. "Chief executive officer." 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.

2. "Local government." A county, city, town or village.

Grants of powers to local governments. Except as otherwise

specifically provided in this section, each of the following powers,

which shall include but not be limited to those of local legislation and

administration, is hereby granted to each local government which shall

at all times be subject to such purposes, standards and procedures as

the legislature may have heretofore prescribed or may hereafter

prescribe:

1. The power to adopt, amend and repeal ordinances, resolutions and

rules and regulations in the exercise of its functions, powers and

duties.

2. The power to acquire real and personal property or any interest

therein for its purposes, and to construct, reconstruct, equip,

maintain, repair and operate the same for such purposes.

3. The power to acquire, establish, construct, reconstruct, equip,

maintain, repair and operate recreational facilities on park or other

lands, including but not limited to self-supporting, self-sustaining or

revenue-producing recreational facilities.

4. The power to dispose of its real or personal property or any

interest therein when no longer required for its purposes, except that

this power shall not be applicable to inalienable real or personal

property or any inalienable interest therein.

5. The power to fix, levy, impose, collect and administer rents,

charges, rates and fees, penalties and rates of interest thereon, liens

on local property in connection therewith and charges thereon.

6. In the case of a city, village, or town with respect to the area

thereof outside the village or villages therein, the power to adopt,

amend and repeal zoning regulations.

7. The power to perform comprehensive or other planning work relating

to its jurisdiction.

Reservation of power by legislature. The legislature hereby

excludes from the scope of the grants of powers to local governments in

this statute and reserves to itself the right and power to enact any law

described in this section notwithstanding the fact that it repeals,

diminishes, impairs or suspends a power granted to one or more local

governments in this statute:

1. Any law relating to the defense or protection of the state or to

the continuity of state or local governmental operations during periods

of emergency caused by enemy attack, actual or imminent, or by disaster.

2. Any law enacted as provided by paragraph two of subdivision (b) of

section two of article nine of the constitution on request of the

legislative body of each affected local government, on request of the

chief executive officer of each affected local government concurred in

by its legislative body or, except in the case of the city of New York,

on certificate of necessity from the governor.

3. Any law amending an alternative form of county government which is

subject to referendum pursuant to paragraph one or paragraph two of

subdivision (h) of section one of article nine of the constitution.

4. Any law relating to a matter other than the property, affairs or

government of a local government.

5. Any law authorizing the voluntary transfer of a power by a local

government to another local government or other governmental agency.

6. Any law authorizing the voluntary exercise of a power by a local

government in cooperation with another local government or other

governmental agency.

Effective date provisions of bills requiring re-enactment and

approval. 1. Where a bill introduced in the legislature would have the

effect of repealing, diminishing, impairing or suspending a power

granted by this statute of local governments and thus would be

ineffective unless re-enacted and approved in the following calendar

year as provided by paragraph one of subdivision (b) of section two of

article nine of the constitution, the effective date provision thereof

shall read substantially as follows: "This act shall take effect

(specify effective date in event of re-enactment by legislature and

approval by governor in next calendar year), provided that it is

approved by the governor in accordance with paragraph one of subdivision

(b) of section two of article nine of the constitution and provided that

it is re-enacted by the legislature and approved by the governor in the

next calendar year in accordance with such paragraph."

2. Where a statute enacted in one year is introduced in the

legislature in the next calendar year for re-enactment by the

legislature and approval thereafter by the governor in accordance with

paragraph one of subdivision (b) of section two of article nine of the

constitution, the effective date provision thereof shall refer to the

enactment in the previous year and shall, in addition, provide

substantially as follows: "This act shall take effect (set forth the

effective date), provided that it is approved by the governor in

accordance with paragraph one of subdivision (b) of section two of

article nine of the constitution."

Publication of statutes requiring re-enactment and approval.

Whenever the governor shall approve a statute enacted in accordance with

subdivision one of section twelve of this chapter it shall be deposited

with the secretary of state in accordance with section forty-two of the

legislative law and shall be published and indexed in a separate part of

the printed volume of the session laws for such year in the same manner

as a concurrent resolution of the legislature proposing an amendment to

the constitution.

Construction. 1. Where a power granted by this statute relates

to the property, affairs or government of a local government, its

inclusion herein shall not be deemed to imply that the legislature has

construed such power as not relating to the property, affairs or

government of such local government or as restricting the powers of such

local government in relation to its property, affairs or government to

those powers included herein.

2. Nothing in this statute shall operate to restrict the meaning of or

diminish or impair any power granted to a local government by the

constitution or by any other law; nor shall the failure to include a

power of a local government in this statute operate to restrict the

meaning of or diminish or impair such power.

3. No power granted in this statute shall be deemed repealed,

diminished, impaired or suspended by the enactment of any subsequent act

of the legislature, unless such act shall be enacted and re-enacted as

prescribed in paragraph one of subdivision (b) of section two of article

nine of the constitution and section twelve of this statute and unless

such act shall contain a specific reference to this statute.

4. If any clause, sentence, paragraph, section or part of this statute

shall be adjudged by any court of competent jurisdiction to be invalid,

such judgment shall not affect, impair or invalidate the remainder

thereof, but shall be confined in its operation to the clause, sentence,

paragraph, section or part thereof directly involved in the controversy

in which such judgment shall have been rendered.

5. Powers granted to local governments by this statute shall be

liberally construed.

6. This chapter shall not affect or impair section sixteen hundred

seven of chapter eight hundred seventy-nine of the laws of nineteen

hundred thirty-six.

Time of taking effect; reservation of power to amend. 1. This

statute shall take effect July first, nineteen hundred sixty-five.

2. This statute is hereby enacted subject to the reservation that it

or any part thereof shall be subject to amendment or revision prior to

its effective date notwithstanding the fact that such amendment or

revision repeals, diminishes, impairs or suspends a power granted herein

to one or more local governments.