N.Y. Municipal Home Rule Law Section 40
Requests of local governments for enactment of special laws relating to their property, affairs or government

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 with the concurrence of the legislative body of such local government, or the legislative body by a vote of two-thirds of its total voting power without the approval of such officer, may request the legislature to pass a specific bill relating to the property, affairs or government of such local government which does not in terms and in effect apply alike to all counties, all counties other than those wholly included within a city, all cities, all towns or all villages, as the case may be. Such a request may be made separately by two or more local governments affected by the same bill. Every such request shall declare that a necessity exists for the passage of such bill by the legislature and shall recite the facts establishing such necessity. The form of request and the manner of its communication to the legislature shall conform to rules promulgated by concurrent resolution of the senate and assembly pursuant to article three-A of the legislative law. In adopting such a request the legislative body shall be governed by the provisions of subdivision one of § 20 (Procedure for adoption of local laws by legislative body)section twenty of this chapter with regard to the adoption of a local law. The validity of an act passed by the legislature in accordance with such a request shall not be subject to review by the courts on the ground that the necessity alleged in the request did not exist or was not properly established by the facts recited.

Source: Section 40 — Requests of local governments for enactment of special laws relating to their property, affairs or government, https://www.­nysenate.­gov/legislation/laws/MHR/40 (updated Sep. 22, 2014; accessed Apr. 13, 2024).

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Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 40’s source at nysenate​.gov

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