New York 2025-2026 Regular Session

New York Senate Bill S04657 Latest Draft

Bill / Introduced Version Filed 02/10/2025

   
  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.