2023 New York Laws › MHR - Municipal Home Rule › Article 4 - Powers of Counties and Cities to Adopt Charters › Part 1 - The County Charter Law › 34 - 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.
* NB Effective until January 1, 2025
* 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; and
* NB Effective January 1, 2025
* h. Insofar as it relates to requirements for  counties,  other  than
  counties  in  the  city  of New York, to hold elections in even-numbered
  years for any position of a county  elected  official,  other  than  the

  office  of sheriff, county clerk, district attorney, family court judge,
  county court judge, surrogate court judge, or any county offices with  a
  three-year term prior to January first, two thousand twenty-five.
* NB Effective January 1, 2025
4.  Notwithstanding  any  local  law  to  the  contrary,  any  plan of
  districting or redistricting adopted pursuant to  a  county  charter  or
  charter  law  relating  to  the  division of any county, except a county
  wholly contained within a city, into districts for the  purpose  of  the
  apportionment  or  reapportionment  of  members of its local legislative
  body shall be subject to federal and state  constitutional  requirements
  and shall comply with the following standards, which shall have priority
  in the order herein set forth, to the extent applicable:
a.  If  such  plan  of  districting  or  redistricting  includes  only
  single-member districts, such districts shall  be  as  nearly  equal  in
  population  as  is practicable; the difference in population between the
  most and least populous district shall not exceed five  percent  of  the
  mean  population  of  all  districts.  If  such  plan  of districting or
  redistricting includes multi-member districts, the  plan  shall  provide
  substantially  equal  weight  for  the  population of that county in the
  allocation of representation in the legislative body of that county; and
b. Districts shall not be drawn with the intent or result  of  denying
  or abridging the equal opportunity of racial or language minority groups
  to  participate in the political process or to diminish their ability to
  elect representatives of their choice; and
c. Districts shall consist of contiguous territory; and
d. Districts shall be as compact in form as practicable; and
e. Districts shall not be drawn to discourage competition or  for  the
  purpose  of  favoring  or  disfavoring  incumbents  or  other particular
  candidates or political parties. The maintenance of  cores  of  existing
  districts,  of  pre-existing  political  subdivisions  including cities,
  villages, and towns, and  of  communities  of  interest  shall  also  be
  considered.  To  the  extent  practicable,  no villages, cities or towns
  except those having more than forty percent of a  full  ratio  for  each
  district shall be divided; and
f.  Districts  shall  be  formed  so  as  to  promote  the orderly and
  efficient administration of elections.
5. 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.