What's happening
This bill allows Huntington and other municipalities to establish administrative hearings for certain code violations, with updated procedures for appointing and reporting by administrative law judges.
Why it matters
Empowers Huntington and similar municipalities to handle local code and ordinance violations through administrative hearings,. which can speed up enforcement and potentially reduce court backlogs for non-building code issues that impact health, safety, or welfare.
Expands who can appoint and oversee administrative law judges and directors. by allowing the chief executive of any municipality—not just mayors—to make appointments, with advice and consent of the local legislative body, making the process more adaptable to different forms of local government.
Requires greater transparency and accountability from administrative law bureaus,. mandating annual public reports detailing hearings, decisions, reversals, and recommendations, which could help residents better understand local enforcement activities and outcomes.
Adjusts appeal procedures for civil penalties,. clarifying that business license or permit holders can appeal without prepaying penalties or posting a bond, potentially making the system fairer for local businesses facing alleged violations.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Streamline Local Code Enforcement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.145
- Delivered to governor
- Returned to senate
- Passed assembly
- Home rule request
- Ordered to third reading rules cal.672
- Substituted for A5959B
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Home rule request
- Ordered to third reading cal.2167
Show 6 earlier actions
- Print number 5744b
- Amend and recommit to rules
- Print number 5744a
- Amend (t) and recommit to rules
- Reported and committed to rules
- Referred to local government
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.
Streamline Local Code Enforcement
Assembly Floor Calendar · Sponsor Chad A. Lupinacci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5744--B
2017-2018 Regular Sessions
IN SENATE
April 27, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general municipal law, in relation to local civil administrative enforcement procedures in the town of Huntington and other municipalities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 380 of the general municipal law is amended by adding a new subdivision 3 to read as follows:
3. The town of Huntington may adopt a local law establishing an administrative adjudication hearing procedure under the provisions of this article for all code and ordinance violations relating to conditions which constitute a threat or danger to the public health, safety or welfare, provided, however, that such administrative adjudication hearing procedure shall not apply to violations of the building code of the town of Huntington.
§ 2. Subdivision a of section 381 of the general municipal law, as added by chapter 382 of the laws of 1995, is amended to read as follows:
a. The head of the bureau shall be the director who shall be the chief administrative law judge of the bureau and shall have all the powers of an administrative law judge pursuant to this section. The director shall be appointed by the [mayor of such city] chief executive officer of the municipality, for a term of five years with the advice and consent of the [common or municipal council] legislative body of such municipality. The director shall be removable only for neglect of duty or misfeasance in office after notice and an opportunity for a hearing. Once appointed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03001-07-7
S. 5744--B 2
and confirmed, the director shall serve until his or her term expires and until his or her successor has been appointed and confirmed. The director shall devote his or her entire work time to the duties of the office.
§ 3. Subdivision f of section 381 of the general municipal law, as added by chapter 382 of the laws of 1995, is amended to read as follows:
f. The director shall collect, compile, and publish statistics and other data with respect to the operations and duties of the bureau and submit annually to the [mayor, the city council] the chief executive officer of the municipality, the legislative body of such municipality, and the public a report on such operations including but not limited to, the number of hearings initiated, the number of decisions rendered, the number of partial or total reversals by the appeals panel, the number of proceedings pending, and on any recommendations of the bureau of statutory or regulatory amendments.
§ 4. Subdivision g of section 385 of the general municipal law, as added by chapter 382 of the laws of 1995, is amended to read as follows:
g. Except as otherwise provided in this subdivision no appeal of a decision, determination or order of an administrative law judge imposing civil penalties shall be decided unless such civil penalties are paid or a cash or recognized surety company bond shall have been posted in the full amount of such civil penalties. No such payment or posting of such bond shall be required where the respondent is the holder of a current license or permit for the operation of a business issued by an agency or officer of such [city] municipality. Upon a showing of undue hardship or where justice may require, the administrative law judge who decided the case or appellate panel to which the appeal is assigned may order that the appeal shall be decided without requiring such payment or posting of such bond.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to local civil administrative enforcement procedures in the town of Huntington and other municipalities
Purpose
This legislation would authorize local civil administrative enforcement procedures in the town of Huntington .
Summary of provisions
Section 380 of the General Municipal Law is amended to allow the Town of Huntington to adopt a local law to establish administrative adjudication hearing procedure.
Justification
This legislation was introduced at the request of the Town of Huntington. Long Island's District Courts are amongst the busiest in the state and as a result, it can take a year or more to prosecute and settle violations of local laws, codes and ordinances. The nature of the infractions often involves purely civil violations that could be better and more expeditiously resolved in an administrative forum. This bill would allow for the establishment, by local law, of a civil administrative adjudication hearing procedure.
Legislative history
S.7033-C of 2012
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.