What's happening
This bill proposes a constitutional amendment allowing New York counties to override or preempt state laws through local legislation.
Why it matters
Significantly shifts power from the state to counties. By allowing counties to override or replace state laws locally, this amendment would fundamentally alter the balance of authority in New York, granting local governments far greater autonomy over a wide range of policy areas.
Potential for legal and regulatory patchwork. If counties can preempt state laws, regulations on issues like public health, environmental protection, civil rights, and gun laws could vary dramatically across the state, leading to inconsistencies that could complicate compliance for residents and businesses.
Reduces the state legislature’s ability to set uniform standards. The removal of language that restricts local laws from contradicting general state laws and the legislature’s ability to limit local lawmaking means that state-level decisions could be undercut by local governments, weakening the coherence of statewide policy.
Raises questions about accountability and governance. This degree of local preemption could both empower local voters and officials, but also increase the risk of parochial decision-making or special interest influence at the county level, as well as legal disputes between state and county governments.
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Who cares
County legislatures
The proposed constitutional amendment would let counties enact local laws that preempt or supersede any state law affecting the county.
City, town and village governments
The proposal would remove requirements that their local laws on specified subjects be consistent with general state laws and remove the Legislature’s express authority to restrict certain local laws.
State lawmakers
The proposal would shift power toward local governments by expanding their authority to adopt laws that conflict with state law.
Municipal employees and government contractors
The proposal would broaden local lawmaking authority over municipal employment conditions and the wages, hours and safety of workers performing local government contracts.
Headline styles
Let Counties Override State Laws
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Held for consideration in governmental operations
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5363
2019-2020 Regular Sessions
IN ASSEMBLY
February 11, 2019
Introduced by M. of A. DiPIETRO, RAIA -- read once and referred to the Committee on Governmental Operations
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections 1 and 2 of article 9 of the constitution, in relation to the right of counties to preempt or supercede state laws
Section 1. Resolved (if the Senate concur), That section 1 of article 9 of the constitution be amended by adding a new subdivision (i) to read as follows:
(i) Counties shall have the power, by enacting local law pursuant to the provisions of article four of the county law, to preempt or supercede any state law having impact or effect within such county.
§ 2. Resolved (if the Senate concur), That paragraph (c) of section 2 of article 9 of the constitution be amended to read as follows:
(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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89083-01-9
A. 5363 2
(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.
§ 3. Resolved (if the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.