Section 40. Requests of local governments for enactment of special laws relating to their property, affairs or government


Latest version.
  • 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 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.