•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S04657 Summary:

BILL NOS04657
 
SAME ASSAME AS A06611
 
SPONSORMAYER
 
COSPNSR
 
MLTSPNSR
 
Amd §§70 - 72, add §73, Leg L
 
Relates to law revision commission membership appointment and review of judicial decisions.
Go to top

S04657 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4657
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 10, 2025
                                       ___________
 
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        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  ten  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 minority leader of the senate, one  member
    10  to  be  appointed  by  the  speaker  of  the  assembly, one member to be
    11  appointed by the minority leader of the assembly, and one member  to  be
    12  appointed  by  the  attorney general. The members first appointed by the
    13  governor following the effective date of the chapter of the laws of  two
    14  thousand  twenty-five  that  amended this section shall be appointed for
    15  such terms that the term of one member will expire  on  each  succeeding
    16  thirty-first  day  of December. Members first appointed by the temporary
    17  president of the senate and the minority leader of the senate  shall  be
    18  appointed  for  a  term  of  three years. Members first appointed by the
    19  speaker of the assembly and the minority leader of the assembly shall be
    20  appointed for a term of five years. The member first  appointed  by  the
    21  attorney  general  shall be appointed for a term of five years. The term
    22  of a member thereafter appointed, except to  fill  a  vacancy  occurring
    23  otherwise than by expiration of term, shall be five years from the expi-
    24  ration  of the term of [his] such member's predecessor. A vacancy in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09292-01-5

        S. 4657                             2
 
     1  office of a member [appointed by the governor] occurring otherwise  than
     2  by  expiration  of  term,  shall  be filled by the [governor] appointing
     3  authority for only the remainder [only] of the  term  of  such  member's
     4  predecessor.  [Upon  making  the  original appointments] In July of each
     5  year, the [governor] commission's membership shall designate one of  the
     6  appointed members as [chairman] chair of the commission. [Upon] A vacan-
     7  cy  in the [appointment] office of [a successor to] the [chairman] chair
     8  of the commission occurring otherwise than by expiration of  term,  [the
     9  governor]  shall [designate such successor or other member of] be filled
    10  by the [commission as chairman] commission's  membership  for  only  the
    11  remainder  of  the  term  of  such  chair's  predecessor.  Four  members
    12  appointed by the governor shall be  attorneys  and  counselors  at  law,
    13  admitted  to  practice  in  the  courts of this state, or members of law
    14  faculties of universities or law schools within the state recognized  by
    15  the  board  of  regents  of  the  state of New York, and at least two of
    16  [them] such members shall be members of law faculties of universities or
    17  law schools within the state recognized by the board of regents  of  the
    18  state  of  New York. The commission shall meet in person or virtually at
    19  least on a quarterly basis.
    20    § 2. Section 71 of the legislative law, as amended by chapter  358  of
    21  the laws of 1961, is amended to read as follows:
    22    § 71. Expenses;  employees.  Each  of  the  members  of the commission
    23  appointed by the governor or by members of the legislature shall receive
    24  reimbursement for necessary expenses  incurred  in  the  performance  of
    25  official duty. The commission may appoint such employees as may be need-
    26  ed, prescribe their duties, and fix their compensation within the amount
    27  appropriated for the commission.
    28    § 3. Section 72 of the legislative law, as added by chapter 597 of the
    29  laws of 1934, is amended to read as follows:
    30    § 72. Purposes of commission. It shall be the duty of the law revision
    31  commission:
    32    1.  To  examine  the  common law and statutes of the state and current
    33  judicial decisions [for the purpose of discovering defects and  anachro-
    34  nisms in the law] and recommending needed reforms.
    35    2.  To  receive  and  consider  suggested  areas of study and proposed
    36  changes in the law recommended by judges,  justices,  public  officials,
    37  lawyers,   the  American  law  institute,  the  [commissioners  for  the
    38  promotion of uniformity of legislation in the United States] Uniform Law
    39  Commission, [any]  bar  [association  or]  associations,  other  learned
    40  bodies,  or  the  general public. Suggestions for areas of study made by
    41  statute, the governor, members of  the  legislature,  court  of  appeals
    42  judges,  or  the  attorney  general  shall  be given priority review for
    43  consideration by the commission.
    44    3. [To receive and consider suggestions from judges, justices,  public
    45  officials,  lawyers  and the public generally as to defects and anachro-
    46  nisms in the law.
    47    4.] To recommend, from time to time, such changes in  the  law  as  it
    48  deems  necessary  to modify or eliminate antiquated [and] or inequitable
    49  rules of law, and to bring the law of this state,  civil  and  criminal,
    50  into harmony with modern conditions.
    51    [5.]  4.  To  report its proceedings annually to the legislature on or
    52  before February first, and, if it  deems  advisable,  to  accompany  its
    53  report with proposed bills to carry out any of its recommendations.
    54    § 4. The legislative law is amended by adding a new section 73 to read
    55  as follows:

        S. 4657                             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.
Go to top