senate Bill S264A

2009-2010 Legislative Session

Directs the law revision commission to make recommendations to the legislature concerning proposed revisions to laws that relate to local government

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Archive: Last Bill Status Via A699 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 30, 2010 tabled
vetoed memo.6772
Aug 18, 2010 delivered to governor
Jun 18, 2010 returned to assembly
passed senate
3rd reading cal.969
substituted for s264a
Jun 18, 2010 substituted by a699a
ordered to third reading cal.969
Jun 15, 2010 reported and committed to rules
Apr 14, 2010 reported and committed to finance
Jan 15, 2010 print number 264a
amend and recommit to local government
Jan 06, 2010 referred to local government
May 13, 2009 reported and committed to finance
Jan 07, 2009 referred to local government

Votes

view votes

Jun 18, 2010 - Rules committee Vote

S264A
22
1
committee
22
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 15, 2010 - Finance committee Vote

S264A
32
0
committee
32
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Apr 14, 2010 - Local Government committee Vote

S264A
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: Apr 14, 2010

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S264 - Bill Details

See Assembly Version of this Bill:
A699A
Law Section:
Municipalities

S264 - Bill Texts

view summary

Directs the law revision commission to make recommendations to the legislature concerning proposed revisions to laws that relate to local government.

view sponsor memo
BILL NUMBER: S264

TITLE OF BILL :
An act to direct the law revision commission to make recommendations
to the legislature concerning proposed revisions to the general city
law, the town law, the county law, the village law, the general
municipal law, the local finance law and any related statutes


PURPOSE :
To direct the Law Review Commission to examine the existing statutes
which govern local governments and offer recommendations to the
Legislature.

SUMMARY OF PROVISIONS :
Section 1 - states the legislature hereby finds and declares it to be
the policy of the state that the present statutory structure of the
laws which relate to local government have evolved in an disorganized
manner, contain overlapping statutory provisions, contain outdated
provisions, and that there is a need for a new state policy on local
government organization.

Section 2 - directs the law revision commission to review all the
general laws that relate to local government, determine the
effectiveness of such laws, and to further review such laws to achieve
the objectives of simplicity, ease of administration, fairness and
equity. The commission is to make recommendations to the Legislature
for such action, including proposed revision of such laws, as it deems
appropriate.

Section 3 - requires the commission to make a report to the Governor
and Legislature of its findings, conclusions, and recommendations no
later than December 1, 2010.

Section 4 - contains the effective date.

JUSTIFICATION :
The State Legislature in the case of the State's local governments,
has enacted general consolidated laws that empower local governments.
The last complete review of all the laws was in 1909. The County Law
was last revised in 1950, the Town Law in 1932 and the Village Law in
1972. The General City Law and the General Municipal Law have not been
completely revised since 1909.

The question arises whether the present law and structure of local
government has kept pace with emerging technology and demographic
shifts as well as the evolving need for more services for our
citizens.

It is the responsibility of the State Legislature to insure that the
general laws under which municipalities operate are clear, concise and
make sense in the 21st century. The local general consolidated laws
have been amended thousands of times in the last 30 years often to
make exceptions for a certain municipality to exercise a certain power
that is not provided in the general statutes and which cannot be done
under home rule authority. This patchwork approach has created a
number of legal anomalies. For example, a small city with a population
of less than 10,000 might have more power in certain areas of service
than a large suburban town that has a population eight times as large.
While a city or a village can establish its own fire department, a
town cannot. Towns also cannot set their own speed limits, but village
can within certain limitations.

The Law Revision Commission was created by the State Legislature in
1934. The role of the Commission is to examine the existing law the
purposes of discovering defects and anachronisms and recommending to
the Legislature needed reforms, by integrating the ideas of government
officials as well as all interested persons including bar associations
and academics. It would be the appropriate agency to review any state
laws.

LEGISLATIVE HISTORY :
2007/08: S.1099-A; A.11386 Ways & Means
2006: S.6286 Passed Senate

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.
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The Bill text is not available.

S264A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A699A
Law Section:
Municipalities

S264A (ACTIVE) - Bill Texts

view summary

Directs the law revision commission to make recommendations to the legislature concerning proposed revisions to laws that relate to local government.

view sponsor memo
BILL NUMBER: S264A

TITLE OF BILL :
An act to direct the law revision commission to make recommendations
to the legislature concerning proposed revisions to the general city
law, the town law, the county law, the village law, the general
municipal law, the local finance law and any related statutes


PURPOSE :
To direct the Law Review Commission to examine the existing statutes
which govern local governments and offer recommendations to the
Legislature.

SUMMARY OF PROVISIONS :
Section 1 - states the legislature hereby finds and declares it to be
the policy of the state that the present statutory structure of the
laws which relate to local government have evolved in an disorganized
manner, contain overlapping statutory provisions, contain outdated
provisions, and that there is a need for a new state policy on local
government organization.

Section 2 - directs the law revision commission to review all the
general laws that relate to local government, determine the
effectiveness of such laws, and to further review such laws to achieve
the objectives of simplicity, ease of administration, fairness and
equity. The commission is to make recommendations to the Legislature
for such action, including proposed revision of such laws, as it deems
appropriate.

Section 3 - requires the commission to make a report to the Governor
and Legislature of its findings, conclusions, and recommendations no
later than December 1, 2011.

Section 4 - contains the effective date.

JUSTIFICATION :
The State Legislature in the case of the State's local governments,
has enacted general consolidated laws that empower local governments.
The last complete review of all the laws was in 1909. The County Law
was last revised in 1950, the Town Law in 1932 and the Village Law in
1972. The General City Law and the General Municipal Law have not been
completely revised since 1909.

The question arises whether the present law and structure of local
government has kept pace with emerging technology and demographic
shifts as well as the evolving need for more services for our
citizens.

It is the responsibility of the State Legislature to insure that the
general laws under which municipalities operate are clear, concise and
make sense in the 21st century. The local general consolidated laws
have been amended thousands of times in the last 30 years often to
make exceptions for a certain municipality to exercise a certain power
that is not provided in the general statutes and which cannot be done
under home rule authority. This patchwork approach has created a
number of legal anomalies. For example, a small city with a population
of less than 10,000 might have more power in certain areas of service
than a large suburban town that has a population eight times as large.
While a city or a village can establish its own fire department, a
town cannot. Towns also cannot set their own speed limits, but village
can within certain limitations.

The Law Revision Commission was created by the State Legislature in
1934. The role of the Commission is to examine the existing law the
purposes of discovering defects and anachronisms and recommending to
the Legislature needed reforms, by integrating the ideas of government
officials as well as all interested persons including bar associations
and academics. It would be the appropriate agency to review any state
laws.

LEGISLATIVE HISTORY :
2009: Reported and Recommitted to Finance
2007/08: S.1099-A; A.11386 Ways & Means
2006: S.6286 Passed Senate

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.
view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 264--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  LITTLE, STEWART-COUSINS -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government  --  recommitted  to  the  Committee on Local Government in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to direct the law revision commission to make recommendations  to
  the legislature concerning proposed revisions to the general city law,
  the  town  law, the county law, the village law, the general municipal
  law, the local finance law and any related statutes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  legislature  hereby  finds and declares it to be the
policy of the state that the present statutory structure of general laws
that relate to local government have evolved in a  disorganized  manner,
contain  overlapping  statutory  provisions, contain outdated provisions
that fail to meet the needs and goals presented by the challenges of the
twenty-first century and that there is a need for a new state policy  on
local  government  organization.  The  last  time  any general law as it
relates to local government was completely revised was the  village  law
in 1972. The budgetary pressures placed on all forms of local government
require  a revision of the general powers that relate to the delivery of
services to their citizens in a fair and financially responsible manner.
In addition, the body of general laws that relate to  local  government,
including  but  not  limited to, the general city law, the town law, the
county law, the village law, the general municipal  law  and  the  local
finance  law,  is, in many instances, confusing to local public officers
and the citizens of the state and contrary to the principles of simplic-
ity, ease of administration, fairness and equity.
  S 2. The law revision commission is hereby directed to:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00266-03-0

S. 264--A                           2

  (a) review all the general laws that relate to  local  government  and
the  way  they  are  administered to determine the effectiveness of such
laws in achieving state policy  goals,  within  the  parameters  of  the
municipal  home rule law, and to further review such laws to achieve the
objectives  of  simplicity, ease of administration, fairness and equity;
and
  (b) make recommendations to the legislature for such action, including
proposed revision of such laws, as it determines is appropriate.
  S 3. The law revision commission shall make a report to  the  governor
and the legislature of its findings, conclusions, and recommendations no
later  than  December  1,  2011,  and  shall submit with its report such
legislative proposals as it deems necessary to implement its reports.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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