Cecily Zamora
In New York State, the legislative body of a local government (county, city, town, or village) can adopt local laws. These local laws are filed with the NYS Department of State as required by the NY Municipal Home Rule Law. The City of New York, for example, is made up of five counties: Bronx, Kings, New York, Queens, and Richmond. While the City of New York has the power to pass its own local laws, these individual counties within the city do not have self-governance powers. Local governments are granted certain powers by the state, and local laws can be searched on the Local Laws Database maintained by NYSDOS. Changes to laws, or bills, can be proposed by members of the Senate, Assembly, or the Governor.
| Characteristics | Values |
|---|---|
| Number of counties in New York State | 62 |
| Counties with their own local governments | 57 |
| Counties without their own local governments | 5: Bronx, Kings, New York, Queens, Richmond |
| Counties that make up the City of New York | 5: Bronx, Kings, New York, Queens, Richmond |
| Power to pass local laws | Granted to the City of New York by the Home Rule Amendment of 1924 |
| Local laws database | Maintained by NYSDOS on its website |
| Local laws filing requirement | Local governments must file certified copies of the law locally and with the Secretary of State within 20 days of final adoption/approval |
Explore related products
What You'll Learn
The Municipal Home Rule Law
In the United States, home rule relates to the authority of a constituent part of a state to exercise powers of governance. In other words, it concerns whether such powers must be specifically delegated by the state or are implicitly allowed unless denied by state-level action.
It is important to note that while some states, known as home rule states, allow municipalities and counties to pass laws to govern themselves as long as they do not conflict with state and federal constitutions, other states, known as Dillon's Rule states, grant only limited authority to local governments. Dillon's Rule states that local governments may exercise only the powers specifically granted to them by the state.
Law Firms Suing for Fees: Ethical or Not?
You may want to see also
Explore related products
The Statute of Local Governments
The authority of local governments in New York State, including counties, ultimately rests on state law. Article IX of the New York Constitution, the Municipal Home Rule Law, and the Statute of Local Governments provide the framework of powers granted by the state to local governments.
The City of New York, for example, is made up of five counties: Bronx, Kings, New York, Queens, and Richmond. These counties do not have their own county governments, and the City itself was granted the power to pass its own local laws by the Home Rule Amendment of 1924. The City Council has legislative power and provides access to legislation from 1998 onwards through its website.
Local laws adopted by the legislative body of a local government are filed with the NYS Department of State as required by Section 27 of the NY Municipal Home Rule Law. Local legislation submitted to the NYS Department of State since 1998 can be found in the Local Laws Database. Each municipality (local government) is required to designate a newspaper of notice in which to publish its local laws.
California Workers: Know Your Sick Day Rights
You may want to see also
Explore related products
Local Government Services
The framework of powers granted by the state of New York to local governments is provided by Article IX of the New York Constitution, the Municipal Home Rule Law, and the Statute of Local Governments. Local governments include the governments of counties, cities, towns, and villages. The county is New York State's primary political subdivision, with 62 counties in total.
Within these counties are cities with their own local governments. Five of these counties—Bronx, Kings, New York, Queens, and Richmond—make up the City of New York and do not have their own county governments. The City of New York was created as a local government by the state legislature in 1897 and was given the power to pass its own local laws through the Home Rule Amendment of 1924.
Each county legislative body is required to provide the NYS Department of State with a complete codification of all local laws. Local laws adopted by the legislative body of a local government (county, city, town, or village) are filed with the NYS Department of State as required by section 27 of the NY Municipal Home Rule Law. Local legislation submitted to the NYS Department of State since January 1, 1998, is available in an electronic database, the Local Laws Database, maintained by NYSDOS on its website.
Additionally, each municipality (local government) is required to designate a newspaper of notice in which to publish its local laws. General Code Publishers - New York provides online access to municipal codes of many counties, cities, towns, and villages.
Common Law's Statute Origin: A Possibility?
You may want to see also
Explore related products
The Home Rule Amendment
In New York, the legislative body of a local government (county, city, town, or village) can adopt and amend local laws. This is in accordance with the Municipal Home Rule Law, which was enacted on April 30, 1963, and constitutes Chapter 36-a of the Consolidated Laws.
The Municipal Home Rule Law gives local governments broad home rule powers to regulate the quality of life in communities and provide direct services to the people. These powers are among the most far-reaching in the nation. Local governments in New York can enact local legislation to carry out their duties and responsibilities. For example, they can promulgate a local sanitary or health code, provided it does not conflict with the State Sanitary Code.
The State Legislature is prohibited from acting with respect to the "property, affairs, or governance" of any local government without a "general law" or a "special law" enacted on a home rule request by the legislative body of the affected local government. Local governments also have the power to establish the office of the head of a department of its government and provide that such an office shall be in the unclassified service of the civil service.
However, it is important to note that local laws are subject to mandatory referendum and do not become effective until approved by the voters through a referendum. This is in keeping with New York's heritage of a representative form of government, where most matters are addressed by elected officials, and certain matters of particular importance are confirmed by the voters through referenda.
The Veto Power Play: Can Congress Override a Pocket Veto?
You may want to see also
Explore related products
County Law
In New York State, there are sixty-two counties, and within many of these counties are cities with their own local governments. However, the City of New York, which comprises the counties of Bronx, Kings, New York, Queens, and Richmond, does not have county governments. Instead, it is divided into five political subdivisions or boroughs, each coextensive with one county: The Bronx (Bronx County), Brooklyn (Kings County), Manhattan (New York County), Queens (Queens County), and Staten Island (Richmond County).
The Municipal Home Rule Law, Article IX of the New York Constitution, and the Statute of Local Governments outline the powers granted by the state to local governments, including counties. While counties can adopt their own charters establishing their basic organisation and administration, those without charters are governed by the County Law (Chapter 11 of the New York State Consolidated Laws).
Local laws adopted by the legislative body of a county government are filed with the NYS Department of State as mandated by Section 27 of the NY Municipal Home Rule Law. Local legislation submitted to the NYS Department of State since January 1, 1998, can be found in the Local Laws Database. This database allows searches by date, municipality, or topic/keyword.
Each municipality or local government is required to designate a newspaper to publish its local laws. Additionally, they must file certified copies of the law locally and with the Secretary of State within twenty days of the law's final adoption for it to be effective. However, in recent years, the Secretary of State has not published local laws as required by law.
How Lawful Permanent Residents File Taxes
You may want to see also
Frequently asked questions
No, counties cannot override state laws. However, the legislative body of a local government can adopt local laws, which are filed with the NYS Department of State as required by section 27 of the NY Municipal Home Rule Law.
Article IX of the New York Constitution, the Municipal Home Rule Law, and the Statute of Local Governments provide the framework of powers granted by the state to local governments.
The NYS Department of State maintains an electronic database of local legislation submitted since January 1, 1998, which can be searched by date, municipality, or topic/keyword.
No, although New York City is made up of different counties, these counties do not have self-governance powers. The City of New York is a local government and has the power to pass its own local laws.
