2006 New York Code - Limitations And Restrictions.

 
    §  34. Limitations and restrictions. 1. The legislature hereby imposes
  the following limitations on the powers of counties  to  prepare,  adopt
  and amend county charters and charter laws.
    2.  Except  in  accordance with or consistent with laws enacted by the
  legislature,  a  county  charter  or  charter  law  shall  not   contain
  provisions relating to:
    a. Taxation of the property of the state or of any of its agencies;
    b. Exemptions from taxation;
    c. Assistance by the state to any unit of local government;
    d.  The  division  of  the  county  into  two  or more counties or the
  creation, enlargement,  diminution  or  abolition  of  any  city,  town,
  village or school district;
    e.  The  compensation  of  members  of  the  judiciary  fixed  by  the
  legislature;
    f. The composition, functions, powers, duties  or  jurisdiction  of  a
  court  or  of  the  officers  thereof,  except that functions, powers or
  duties assigned to units of local government  or  agencies  or  officers
  thereof outside the judicial system may be transferred to other units of
  local government, agencies or officers as authorized by this article.
    3.  Except in accordance with provisions of this chapter or with other
  laws enacted by the legislature, a county charter or charter  law  shall
  not supersede any general or special law enacted by the legislature:
    a. Which relates to the imposition, judicial review or distribution of
  the proceeds of taxes or benefit assessments;
    b. Insofar as it relates to the educational system in the county or to
  school  districts  therein,  except  that  functions,  powers  or duties
  assigned to units of local government or to agencies or officers thereof
  outside the educational system may be  transferred  to  other  units  of
  local government, agencies or officers as authorized by this article;
    c.  Which requires that specified functions of government be performed
  by or financed by units of local government, except  that  any  of  such
  functions  may  be  transferred  to  other  units  of  local government,
  agencies or officers as authorized by this article;
    d. Insofar as it relates to a function, power or duty of the state  or
  of  any  officer  or  agency  thereof  which is financed directly by the
  state;
    e. Insofar as it relates to the commencement or prosecution of actions
  or proceedings against the county;
    f. Insofar as it relates to a public benefit corporation;
    g. In this chapter  or  in  the  civil  service  law,  eminent  domain
  procedure  law,  environmental conservation law, election law, executive
  law, judiciary law, labor law, local finance law, multiple dwelling law,
  multiple residence law, public  authorities  law,  public  housing  law,
  public  service  law,  railroad law, retirement and social security law,
  state  finance  law,  volunteer  firefighters'  benefit  law,  volunteer
  ambulance workers' benefit law, or workers' compensation law.
    4.  After the adoption of a county charter by a county, no law enacted
  by the legislature pursuant to  paragraph  two  of  subdivision  (h)  of
  section  one  of  article  nine of the constitution which does not apply
  alike to all counties outside the city of New York, and no  charter  law
  or  local  law,  which  in  its  application to such county abolishes or
  creates an elective county office, changes the voting or veto  power  of
  or  the method of removing an elective county officer during his term of
  office, abolishes, curtails or transfers to another  county  officer  or
  agency  any  power of an elective county officer, or changes the form or
  composition of the board of supervisors of  such  county,  shall  become
  effective  in  such  county  until  at  least sixty days after its final
  enactment. If (a) the legislature in enacting such a law  shall  provide
  that  it  shall be submitted to the qualified electors of the county for
  their approval, or (b) the board of supervisors on its  own  motion,  in
  the  manner  provided  by subdivision four of section one hundred one of
  the  county  law,  shall  provide  that  such a charter law or local law
  adopted by it shall be submitted to the qualified electors of the county
  for their approval, or (c)  within  such  sixty  days  electors  of  the
  county, duly registered to vote therein either for the last preceding or
  the  next  following  general election, in number equal to at least five
  per centum of the total number of votes cast in the county for  governor
  at  the  last  gubernatorial  election,  shall  file a petition with the
  county clerk or corresponding officer of the county  protesting  against
  such  law,  charter  law or local law, it shall become effective in such
  county only if approved by the electors  thereof  at  the  next  ensuing
  general  election  held  at  least sixty days thereafter, subject to the
  conditions provided in subdivision seven of section thirty-three of this
  chapter for the adoption of a  county  charter  when  voted  on  by  the
  electors of a county.