New York MHR Code § 34

Limitations and restrictions
Open in Lexace · Ask the AI about this section
§ 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;\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; and\n  i. Insofar as it conflicts with, or fails to meet or exceed any\nprovisions, requirements, or prohibitions pertaining to immigration\nenforcement as set forth in subparts A through H of the chapter of the\nlaws of two thousand twenty-six that added this paragraph.\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 fol

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.