Fillable HOME RULE REQUEST (Request by a Local Government (New York State Assembly)

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HOME RULE REQUEST (Request by a Local Government (New York State Assembly)

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CHIEF EXECUTIVE OFFICER’S SIGNATURE
(Signed) ..........................................................................
(chief executive officer)
..........................................................................
(Print or type name below signature)
Date: ..........................................., 20 ......... ..........................................................................
(Title of chief executive officer)
CLERK’S CERTIFICATION
I, ............................................................................, do hereby certify that I am Clerk of the .......................................
(print or type name) (local legislative body)
............................................................................................... of the .............................................................................
(county, city, town or village)
of ...................................................................................and that on the ........................ day of .................................... ,
(name)
two-thirds
20____ , such legislative body, at least of the total membership having voted in favor thereof,
a majority
(strike out one)
approved the foregoing request.
(Signed) ............................................................................
(Seal of local (clerk)
government)
..........................................................................
(Print or type name below signature)
Date: ..........................................., 20 .........
READ BEFORE SIGNING
A If the request is made by the chief executive officer and concurred in by a majority of the total membership
of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word “majority’’ below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words “two-thirds’’ below.
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution, the .............................................................................................................of
(county, city, town or village)
Senate
...........................................................................requests the enactment of bill (no. .................................... ),
Assembly
(name)
(strike out one)
entitled “
.’’
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
The local government does not have the power to enact such legislation by local law.
Other facts, as set forth in the following “Explanation” establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
The chief executive officer of such local government, concurred in by a majority of the total membership of the
local legislative body. (See paragraph A below)
The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
INSTRUCTIONS
Copies required:
Two signed copies of this form, specifying the final bill number and title must be filed with each House
of the Legislature.
Examples:
(a) If the bill has been introduced in only one House of the Legislature, four copies of the request
form must be filed, i.e., two with the Senate and two with the Assembly.
(b) If the identical bill has been introduced in both Houses, eight copies of the request form must
be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same for
the Assembly bill.
Date of request:
The signing of a home rule request or the adoption of a resolution by the local legislative body approving
such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of
prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be signed
or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the
new request must correctly identify the bill number as last amended. The signing of the request, and the date of
the supporting resolution, cannot precede the date of the amendment.
Transmittal:
The signed forms should be sent as follows:
To the Senate: To the Assembly:
Home Rule Counsel Home Rule Counsel
Senate Post Office Assembly Post Office
208 Legislative Office Building 210 Legislative Office Building
Albany, N. Y. 12247 Albany, N. Y. 12248
Definition of terms:
Chief executive officer.
In the case of a county, 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 city or village, the mayor (not manager); and in the
case of a town, the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies to one or more, but not all, counties (other than those
wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, § §20, 40)
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HOME RULE REQUEST (Request by a Local Government (New York State Assembly)

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Completed 15 August 2020

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