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S04657 Summary:

BILL NOS04657A
 
SAME ASNo Same As
 
SPONSORMAYER
 
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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S04657 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4657--A
 
                               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 -- recommitted to the Committee on Investigations  and
          Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09292-02-6

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

        S. 4657--A                          3
 
     1    § 4. The legislative law is amended by adding a new section 73 to read
     2  as follows:
     3    §  73.  Funding  of the commission. There is hereby established in the
     4  joint custody of  the  comptroller  and  commissioner  of  taxation  and
     5  finance a fund to be designated as the law revision commission fund. The
     6  commissioner  shall  deposit  into  the law revision commission fund all
     7  moneys appropriated to  the  law  revision  commission.  The  moneys  so
     8  received  and deposited in the law revision commission fund shall not be
     9  commingled with moneys from the general fund and shall  be  used  solely
    10  for the purpose of carrying out the provisions of this article.
    11    § 5. This act shall take effect immediately.
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