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A06611 Summary:

BILL NOA06611
 
SAME ASSAME AS S04657
 
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 Actions:

BILL NOA06611
 
03/06/2025referred to governmental operations
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A06611 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6611
 
SPONSOR: Bores
  TITLE OF BILL: An act to amend the legislative law, in relation to the law revision commission   PURPOSE OF BILL: To expand the members of the law revision commission from 5 to 10 members, modify the process for selection, clarify the Commission's purposes, and provide a dedicated funding stream for the Commission.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 expands board membership. Currently, the governor appoints five members. This bill would add five additional members to be appointed, one each, by the temporary president of the senate, the minority leader of the senate, the speaker of the assembly, the minority leader of the assembly, and the attorney general. Section 2 makes a technical amendment. Section 3 makes technical amendments and clarifies the Commission's purposes including that requests from the governor, members of the legislature, court of appeals judges, and the attorney general will be prioritized for review. Section 4 creates a designated funding stream within the joint custody of the comptroller and the commissioner of taxation and finance to be designated as the law revision commission fund. Section 5 sets forth the effective date.   JUSTIFICATION: Justice Benjamin Cardozo, in 1921, frustrated with obsolete laws that prevented courts from being able to impart justice, advocated for the creation of a state agency that would be responsible for carrying out legal research on statutory and decisional law, and make recommendations to the Legislature'. In 1934, in response to Cardozo's recommendation, the Legislature established the Law Revision Commission,2 an independ- ent, governmental body (theoldest of its kind in the common-law world) charged with law reform through legislation. Over the next 82 years, the Commission's recommendations led to the enactment of more than 300 statutes. In addition, its reports identified problems and made recommendations that were instrumental in effecting changes in judge-made law. At its peak, in the early 2000s, the Commission operated with over a dozen full time staff, including lawyers and administrative support personnel, allowing it to properly carry out its functions. Unfortu- nately, a series of budget cuts culminating with the Commission being completely defunded in 2016, in conjunction with the then Governor Andrew Cuomo's decision to stop appointing members to the Commission (last was appointment in 2014), effectively ended the Commission. By giving the Legislature and the Attorney General the capacity to appoint Commission members and by creating a dedicated funding stream, this bill would breathe new life into the Commission, allowing it to once again serve its essential role in ensuring that the state's legal framework remains up-to-date, clear, and effective.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: TO be determined.   EFFECTIVE DATE: This act shall take effect immediately. Harvard Law Review, Vol. 35, No. 2 (Dec., 1921) 2 Chapter 597 of the Laws of 1934
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A06611 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6611
 
                               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
 
        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
    25  office of a member [appointed by the governor] occurring otherwise  than
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09292-01-5

        A. 6611                             2

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

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