Assembly Bill A6611A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6611--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Governmental Operations -- recommitted to the Committee on  Govern-
   mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
   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:
 
   Section  1.  Section  70 of the legislative law, as amended by chapter
 239 of the laws of 1944, is amended to read as follows:
   § 70. Commission [created]  CONTINUED;  terms  and  qualifications  of
 members.  A  law revision commission is hereby [created] CONTINUED, [to]
 AND SHALL consist of the [chairman] CHAIRS  of  the  committees  on  the
 judiciary  and  codes of the senate and assembly, ex-officio, and [five]
 NINE additional members, FIVE MEMBERS to be appointed by  the  governor,
 ONE MEMBER TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE
 MEMBER  TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER TO BE
 APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS AND ONE  MEMBER  TO
 BE APPOINTED BY THE ATTORNEY GENERAL. The members first appointed by the
 governor  FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND TWENTY-SIX THAT AMENDED THIS SECTION  shall  be  appointed  for
 such  terms  that  the term of one member will expire on each succeeding
 thirty-first day of December. THE MEMBER FIRST APPOINTED BY  THE  TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE  SHALL BE APPOINTED FOR A TERM OF THREE
 YEARS. THE MEMBER FIRST APPOINTED BY THE SPEAKER OF THE  ASSEMBLY  SHALL
 BE  APPOINTED  FOR A TERM OF FIVE YEARS.  THE MEMBER FIRST  APPOINTED BY
 THE CHIEF JUDGE OF THE COURT OF APPEALS SHALL BE APPOINTED FOR A TERM OF
 FOUR YEARS.  THE MEMBER FIRST APPOINTED BY THE ATTORNEY GENERAL SHALL BE
 APPOINTED FOR A TERM OF FIVE YEARS. The  term  of  a  member  thereafter
 appointed,  except to fill a vacancy occurring otherwise than by expira-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09292-03-6
              

 A. 6611--A                          2
 
 tion of term, shall be five years from the expiration  of  the  term  of
 [his]  SUCH  MEMBER'S  predecessor.  A vacancy in the office of a member
 [appointed by the governor] occurring otherwise than  by  expiration  of
 term,  shall  be  filled by the [governor] APPOINTING AUTHORITY for ONLY
 the remainder [only] of the term OF  SUCH  MEMBER'S  PREDECESSOR.  [Upon
 making  the  original appointments] IN JULY OF EACH YEAR, the [governor]
 COMMISSION'S MEMBERSHIP shall designate one of the appointed members  as
 [chairman]  CHAIR  of  the commission. [Upon] A VACANCY IN the [appoint-
 ment] OFFICE of [a successor to] the [chairman] CHAIR of the  commission
 OCCURRING  OTHERWISE  THAN  BY  EXPIRATION OF TERM, [the governor] shall
 [designate such successor or other member of] BE FILLED BY the  [commis-
 sion  as chairman] COMMISSION'S MEMBERSHIP FOR ONLY THE REMAINDER OF THE
 TERM OF SUCH CHAIR'S PREDECESSOR. Four members appointed by the governor
 shall be attorneys and counselors at law, admitted to  practice  in  the
 courts of this state, OR MEMBERS OF LAW FACULTIES OF UNIVERSITIES OR LAW
 SCHOOLS WITHIN THE STATE RECOGNIZED BY THE BOARD OF REGENTS OF THE STATE
 OF NEW YORK, and at least two of [them] SUCH MEMBERS shall be members of
 law faculties of universities or law schools within the state recognized
 by  the  board of regents of the state of New York. THE COMMISSION SHALL
 MEET IN PERSON OR VIRTUALLY AT LEAST ON A QUARTERLY BASIS.
   § 2. Section 71 of the legislative law, as amended by chapter  358  of
 the laws of 1961, is amended to read as follows:
   § 71. Expenses;  employees.  Each  of  the  members  of the commission
 appointed by the governor OR BY MEMBERS OF THE LEGISLATURE shall receive
 REIMBURSEMENT FOR necessary expenses  incurred  in  the  performance  of
 official duty. The commission may appoint such employees as may be need-
 ed, prescribe their duties, and fix their compensation within the amount
 appropriated for the commission.
   § 3. Section 72 of the legislative law, as added by chapter 597 of the
 laws of 1934, is amended to read as follows:
   § 72. Purposes of commission. It shall be the duty of the law revision
 commission:
   1.  To  examine  the  common law and statutes of the state and current
 judicial decisions [for the purpose of discovering defects and  anachro-
 nisms in the law] and recommending needed reforms.
   2.  To  receive  and  consider  SUGGESTED  AREAS OF STUDY AND proposed
 changes in the law recommended by JUDGES,  JUSTICES,  PUBLIC  OFFICIALS,
 LAWYERS,   the  American  law  institute,  the  [commissioners  for  the
 promotion of uniformity of legislation in the United States] UNIFORM LAW
 COMMISSION, [any]  bar  [association  or]  ASSOCIATIONS,  other  learned
 bodies,  OR  THE  GENERAL PUBLIC. SUGGESTIONS FOR AREAS OF STUDY MADE BY
 STATUTE, THE GOVERNOR, MEMBERS OF  THE  LEGISLATURE,  COURT  OF  APPEALS
 JUDGES,  OR  THE  ATTORNEY  GENERAL  SHALL  BE GIVEN PRIORITY REVIEW FOR
 CONSIDERATION BY THE COMMISSION.
   3. [To receive and consider suggestions from judges, justices,  public
 officials,  lawyers  and the public generally as to defects and anachro-
 nisms in the law.
   4.] To recommend, from time to time, such changes in  the  law  as  it
 deems  necessary  to modify or eliminate antiquated [and] OR inequitable
 rules of law, and to bring the law of this state,  civil  and  criminal,
 into harmony with modern conditions.
   [5.]  4.  To  report its proceedings annually to the legislature on or
 before February first, and, if it  deems  advisable,  to  accompany  its
 report with proposed bills to carry out any of its recommendations.
   § 4. The legislative law is amended by adding a new section 73 to read
 as follows:
 A. 6611--A                          3
 
   §  73.  FUNDING  OF THE COMMISSION. THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF  THE  COMPTROLLER  AND  COMMISSIONER  OF  TAXATION  AND
 FINANCE A FUND TO BE DESIGNATED AS THE LAW REVISION COMMISSION FUND. THE
 COMMISSIONER  SHALL  DEPOSIT  INTO  THE LAW REVISION COMMISSION FUND ALL
 MONEYS  APPROPRIATED  TO  THE  LAW  REVISION  COMMISSION.  THE MONEYS SO
 RECEIVED AND DEPOSITED IN THE LAW REVISION COMMISSION FUND SHALL NOT  BE
 COMMINGLED  WITH  MONEYS  FROM THE GENERAL FUND AND SHALL BE USED SOLELY
 FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS ARTICLE.
   § 5. This act shall take effect immediately.