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

1 Co-sponsor

• Andrea Stewart-Cousins

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relate to local government have evolved in an disorganized manner, contain overlapping statutory provisions, contain outdated provisions, and that there is a need for a new state policy on local government organization.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.