Section 1. Counties; organization and government; restrictions on legislature with respect to laws affecting
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Counties; organization and government; restrictions on legislature with respect to laws affecting
(a) There shall be in each county, outside the city of New York a board of supervisors or other elective governing body, to be composed of such members and elected in such manner and for such period as is or may be provided by law. In the city of new York the powers and duties of a board of supervisors may be devolved upon the council or other legislative body of the city.
(b) The Legislature shall provide by law for the organization and government of counties. No law which shall be special or local in its terms or in its effect, or which shall relate specially to one county only shall be enacted by the legislature unless in its application, if any, to counties outside the city of new York it complies with the requirements of subdivision (c) of this section and in its application, if any, to counties within the city of new York it complies with the requirements of subdivision (d) of this section.
(c) The legislature shall not pass any such law affecting a county of counties outside the city of new York unless
(1) such law applies alike to all such counties; or
(2) such law applies alike to all such counties which have not
adopted alternative forms of government pursuant to the provisions
of section two of this article and, if it applies also to one or more
of the counties which have adopted such alternative forms, meets
the requirements of paragraph (3) of this subdivision with regard
to each of such counties; or
(3) such law is requested by the board of supervisors or other elective governing body of each county to be affected outside the city of New York and, in any county affected which has an elective county executive officer under an alternative form of government, the request is either concurred in by such executive officer or, in the absence of such concurrence within ten days of its approval by the governing body, is reconsidered and passed by at least a two-thirds vote of all of the members of such body; or
4) the legislature receives a certificate of necessity from the governor reciting the facts which in his judgment require the passage of such law and subsequently approves it with the concurrence of two-thirds of the members elected to each house.
(d) The legislature shall not pass any such law affecting a county or counties within the city of New York unless
(1) such law applies alike to all counties in the state or to all counties which have not adopted alternative forms of government pursuant to the provisions of section two of this article; or
(2) such law, is requested by the council or other legislative body of the city upon which the powers and duties of a board of supervisors are devolved for the counties within the city and, if the city has a mayor or other elective chief executive officer, is either concurred in by such officer, or, in the absence of such concurrence within ten days of its approval by the legislative body, is reconsidered and passed by at least a two-thirds vote of all of the members of such body; or
(3) the legislature receives a certificate of necessity from the governor reciting the facts which in his judgment require the passage of such law and subsequently approves it with the concurrence of two-thirds of the members elected to each house.
(e) The legislature may authorize boards of supervisors or other elective governing bodies of two or more counties to provide by agreement for the discharge within the territorial limits of such counties or parts thereof of one or more governmental functions.
Counties; organization and government; restrictions on legislature with respect to laws affecting
(a) There shall be in each county, except in a county wholly included in a city, a board of supervisors, or other elective governing body, to be composed of such members and elected in such manner and for such period as is or may be provided by law.
(b) The Legislature shall provide by law for the organization and government of counties. No law which shall be special or local in its terms or in its effect, or which shall relate specially to one county only shall be enacted by the legislature unless (a) upon the request of the board of supervisors or other elective governing body of each county to be affected, or in any county having an alternative form of government providing for an elective county elective officer, upon the request of the board of supervisors or other elective governing body with the concurrence of such executive officer of each county to be affected; provided that if said executive officer disapproves or fails to sign a request for such proposed law within ten days of its approval by the governing body, such body may reconsider said proposed law and if passed by such governing body by at least two-thirds of all of the members thereof, the request by the executive officer shall not be required; or (b) upon a certificate of necessity by the governor to the legislature reciting the facts of such necessity existing in the county to be affected and the concurrence of two-thirds of the members elected to each house of the legislature.
(c) The legislature may authorize boards of supervisors or other elective governing bodies of two or more counties to provide by agreement for the discharge within the territorial limits of such counties or parts thereof of one or more governmental functions.
Counties; organization and government; restrictions on legislature with respect to laws affecting
(a) There shall be in each county, except in a county wholly included in a city, a board of supervisors, or other elective governing body, to be composed of such members and elected in such manner and for such period as is or may be provided by law.
(b) The legislature shall provide by law for the organization and government of counties. No law which shall be special or local in its terms or in its effect, or which shall relate specially to one county only, shall be enacted by the legislature unless (a) upon the request of the board of supervisors or other elective governing body of each county to be affected, or, in any county having an alternative form of government providing for an elective county executive officer, upon the request of the board of superisors or other elective governing body with the concurrence of such executive officer of each county to be affected; or (b) upon a certificate of necessity by the governor to the legislature reciting the facts of such necessity existing in the county to be affected and the concurrence of two-thirds of the members elected to each house of the legislature.
(c) The legislature may authorize boards of supervisors or other elective governing bodies of two or more counties to provide by agreement for the discharge within the territorial limits of such counties or parts thereof of one or more governmental functions.
Boards of supervisors
1. There shall be in each county, except in a county wholly included in a city, a board of supervisors, or other elective body, to be composed of such members and elected in such manner and for such period as is or may be provided by the law.
2. The legislature shall provide by law for the organization and government of counties and shall provide by law alternative forms of government for counties except counties wholly included in a city and for the submission of one or more such forms of government to the electors residing in such counties. No such form of government shall become operative in any such county unless and until adopted at a general election held in such county by receiving a majority of the total votes cast thereon in (1) the county, (2) every city containing more than twenty-five per centum of the population of the county according to the last preceding federal census, and (3) that part of the county, if any, outside of such cities. Any such form of government shall set forth the structure of the county government and the manner in which it is to function. Any such form of government may provide for the appointment of any county officers or their selection by any method of nomination and election, or the abolition of their offices, and may also provide for the exercise by the board of supervisors or other elective body of powers of local legislation and administration and the transfer of any or all of the functions and duties of the county and the cities, towns, villages, districts and other units of government contained in such county to each other or to the state, and for the abolition of offices, departments, agencies or units of government when all of their functions are so transferred without regard to the provisions of article ten or any other provisions of this constitution inconsistent herewith. The boards of supervisors or other elective bodies of any two or more such counties may by agreement provide for the discharge within the territorial limits of such counties or parts thereof of one or more governmental functions.
3. Nothing herein contained shall be deemed to impair or restrict the existing power of the legislature to enact laws relating to the government of a county or the cities, towns, villages, districts or other units of government therein contained until the adoption of a form of government by such county pursuant to subdivision two of this section.
4. After the adoption of a form of government by a county pursuant to subdivision two of this section, the legislature shall not pass any law relating to the property, affairs or government of such county, which shall be special or local either in its terms or in its effect, but shall act in relation to the property, affairs or government of any such county only by general laws which shall in terms and in effect apply alike to all such counties except on message from the governor declaring that an emergency exists and the concurrent action of two-thirds of the members of each house of the legislature and no law, special or local in its terms or in its effect, which abolishes or creates an elective office or changes the voting or veto power of or the method of removing an elective officer, changes the term of office or reduces the salary of an elective officer during his term of office, abolishes, transfers or curtails any power of an elective officer, changes the form or composition of the elective body of such county, or provides a new form of government for such county, shall become effective without adoption by the electors of such county in the manner prescribed in subdivision two of this section for the adoption of a form of government for such county pursuant thereto. Nothing herein contained shall impair or restrict the power of the legislature to enact laws relating to matters other than the property, affairs or government of such county.
5. If under a form of government, adopted by a county pursuant to subdivision two of this section, the board of supervisors be abolished, the powers and duties of the board of supervisors, as prescribed by the constitution, or by statute if not provided for by such form of government, shall devolve upon the elective body in such county.
6. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, board of aldermen or other legislative body of the city.
7. Existing laws applicable to the government of counties and the cities, towns, villages, districts and other units of government therein contained shall continue in force until repealed, amended, modified or superseded by law or by a form of government and nothing contained in this section shall be construed to impair the provisions of article twelve of this constitution.
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