What's happening
This bill allows local governments in New York to use community service as a punishment for violating local laws, with specific protections for workers and labor disputes.
Why it matters
Expands local government options for handling violations. by allowing community service (with the defendant’s consent) as an alternative to fines, civil penalties, or imprisonment, which could offer more rehabilitative or restorative justice approaches.
Mandates explicit protections for workers. , ensuring that court-ordered community service cannot replace paid employment or diminish existing municipal services, thereby preventing municipalities from using community service as a cost-saving labor substitute.
Protects the integrity of labor disputes. by prohibiting community service from being assigned in workplaces affected by strikes or lockouts, which helps safeguard workers’ rights and prevents undermining the leverage of organized labor actions.
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Who cares
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Add Community Service Option
Plain English, a few words. Used as the page title.
Sponsors
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History
- Signed chap.216
- Delivered to governor
- Returned to assembly
- Passed senateVote 60–0
- 3rd reading cal.1873
- Substituted for S8272A
- Referred to rules
- Delivered to senate
- Passed assembly
- Amended on third reading 5539b
- Advanced to third reading cal.834
- Reported
Show 5 earlier actions
- Print number 5539a
- Amend and recommit to codes
- Reported referred to codes
- Referred to local governments
- Referred to local governments
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Community Service Punishments
Senate Floor Calendar · Sponsor Patrick M. Gallivan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5539--B Cal. No. 834
2017-2018 Regular Sessions
IN ASSEMBLY
February 10, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Local Governments -- recommitted to the Committee on Local Governments in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the municipal home rule law, in relation to punishment for the violation of a local law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 4 of section 10 of the municipal home rule law is amended to read as follows:
(b) To provide for the enforcement of local laws by legal or equitable proceedings which are or may be provided or authorized by law, to prescribe that violations thereof shall constitute misdemeanors, offenses or infractions and to provide for the punishment of violations thereof by civil penalty, fine, forfeiture, community service, where the defendant has consented to the amount and conditions of such service, provided however, that the performance of any such services shall not result in the displacement of employed workers or in the impairment of existing services, nor shall the performance of any such services be required or permitted in any establishment involved in any labor strike or lockout, or imprisonment, or by two or more of such punishments, provided, however, that a local law adopted pursuant to subdivision two of this section shall provide only for such enforcement or punishment as could be prescribed if the action of the legislative body were taken by ordinance, resolution, rule or regulation, as the case may be.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09493-04-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.