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A06611 Summary:

BILL NOA06611A
 
SAME ASSAME AS S04657-A
 
SPONSORBores
 
COSPNSR
 
MLTSPNSR
 
Amd §§70 - 72, add §73, Leg L
 
Relates to law revision commission membership appointment and review of judicial decisions.
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A06611 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6611--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2025
                                       ___________
 
        Introduced  by M. of A. BORES -- read once and referred to the Committee
          on Governmental Operations -- recommitted to the Committee on  Govern-
          mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend  the legislative law, in relation to the law revision
          commission
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  70 of the legislative law, as amended by chapter
     2  239 of the laws of 1944, is amended to read as follows:
     3    § 70. Commission [created]  continued;  terms  and  qualifications  of
     4  members.  A  law revision commission is hereby [created] continued, [to]
     5  and shall consist of the [chairman] chairs  of  the  committees  on  the
     6  judiciary  and  codes of the senate and assembly, ex-officio, and [five]
     7  nine additional members, five members to be appointed by  the  governor,
     8  one member to be appointed by the temporary president of the senate, one
     9  member  to be appointed by the speaker of the assembly, one member to be
    10  appointed by the chief judge of the court of appeals and one  member  to
    11  be appointed by the attorney general. The members first appointed by the
    12  governor  following the effective date of the chapter of the laws of two
    13  thousand twenty-six that amended this section  shall  be  appointed  for
    14  such  terms  that  the term of one member will expire on each succeeding
    15  thirty-first day of December. The member first appointed by  the  tempo-
    16  rary  president  of  the  senate  shall be appointed for a term of three
    17  years. The member first appointed by the speaker of the  assembly  shall
    18  be  appointed  for a term of five years.  The member first  appointed by
    19  the chief judge of the court of appeals shall be appointed for a term of
    20  four years.  The member first appointed by the attorney general shall be
    21  appointed for a term of five years. The  term  of  a  member  thereafter
    22  appointed,  except to fill a vacancy occurring otherwise than by expira-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09292-03-6

        A. 6611--A                          2
 
     1  tion of term, shall be five years from the expiration  of  the  term  of
     2  [his]  such  member's  predecessor.  A vacancy in the office of a member
     3  [appointed by the governor] occurring otherwise than  by  expiration  of
     4  term,  shall  be  filled by the [governor] appointing authority for only
     5  the remainder [only] of the term of  such  member's  predecessor.  [Upon
     6  making  the  original appointments] In July of each year, the [governor]
     7  commission's membership shall designate one of the appointed members  as
     8  [chairman]  chair  of  the commission. [Upon] A vacancy in the [appoint-
     9  ment] office of [a successor to] the [chairman] chair of the  commission
    10  occurring  otherwise  than  by  expiration of term, [the governor] shall
    11  [designate such successor or other member of] be filled by the  [commis-
    12  sion  as chairman] commission's membership for only the remainder of the
    13  term of such chair's predecessor. Four members appointed by the governor
    14  shall be attorneys and counselors at law, admitted to  practice  in  the
    15  courts of this state, or members of law faculties of universities or law
    16  schools within the state recognized by the board of regents of the state
    17  of New York, and at least two of [them] such members shall be members of
    18  law faculties of universities or law schools within the state recognized
    19  by  the  board of regents of the state of New York. The commission shall
    20  meet in person or virtually at least on a quarterly basis.
    21    § 2. Section 71 of the legislative law, as amended by chapter  358  of
    22  the laws of 1961, is amended to read as follows:
    23    § 71. Expenses;  employees.  Each  of  the  members  of the commission
    24  appointed by the governor or by members of the legislature shall receive
    25  reimbursement for necessary expenses  incurred  in  the  performance  of
    26  official duty. The commission may appoint such employees as may be need-
    27  ed, prescribe their duties, and fix their compensation within the amount
    28  appropriated for the commission.
    29    § 3. Section 72 of the legislative law, as added by chapter 597 of the
    30  laws of 1934, is amended to read as follows:
    31    § 72. Purposes of commission. It shall be the duty of the law revision
    32  commission:
    33    1.  To  examine  the  common law and statutes of the state and current
    34  judicial decisions [for the purpose of discovering defects and  anachro-
    35  nisms in the law] and recommending needed reforms.
    36    2.  To  receive  and  consider  suggested  areas of study and proposed
    37  changes in the law recommended by judges,  justices,  public  officials,
    38  lawyers,   the  American  law  institute,  the  [commissioners  for  the
    39  promotion of uniformity of legislation in the United States] Uniform Law
    40  Commission, [any]  bar  [association  or]  associations,  other  learned
    41  bodies,  or  the  general public. Suggestions for areas of study made by
    42  statute, the governor, members of  the  legislature,  court  of  appeals
    43  judges,  or  the  attorney  general  shall  be given priority review for
    44  consideration by the commission.
    45    3. [To receive and consider suggestions from judges, justices,  public
    46  officials,  lawyers  and the public generally as to defects and anachro-
    47  nisms in the law.
    48    4.] To recommend, from time to time, such changes in  the  law  as  it
    49  deems  necessary  to modify or eliminate antiquated [and] or inequitable
    50  rules of law, and to bring the law of this state,  civil  and  criminal,
    51  into harmony with modern conditions.
    52    [5.]  4.  To  report its proceedings annually to the legislature on or
    53  before February first, and, if it  deems  advisable,  to  accompany  its
    54  report with proposed bills to carry out any of its recommendations.
    55    § 4. The legislative law is amended by adding a new section 73 to read
    56  as follows:

        A. 6611--A                          3
 
     1    §  73.  Funding  of the commission. There is hereby established in the
     2  joint custody of  the  comptroller  and  commissioner  of  taxation  and
     3  finance a fund to be designated as the law revision commission fund. The
     4  commissioner  shall  deposit  into  the law revision commission fund all
     5  moneys  appropriated  to  the  law  revision  commission.  The moneys so
     6  received and deposited in the law revision commission fund shall not  be
     7  commingled  with  moneys  from the general fund and shall be used solely
     8  for the purpose of carrying out the provisions of this article.
     9    § 5. This act shall take effect immediately.
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