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S8272Senate2017-2018 SessionSame asA5539

Allow Community Service Punishments

Official title

“Provides for community service as one of the punishments for the violation of a local law in a municipality”

Sponsor Patrick M. GallivanSD-59Affects Local Government
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A5539

What's happening

This bill allows local laws to include community service as punishment for violations, with conditions to protect workers and services.

Why it matters

  1. Expands sentencing options for local law violations. By adding community service as an allowed punishment (with the defendant’s consent), this bill gives judges and municipalities more flexibility to tailor penalties to fit specific cases, which may be less punitive and more constructive than fines or jail.

  2. Protects existing workers and services. The bill explicitly prohibits community service assignments that would replace paid employees or reduce current public services, ensuring that community service does not become a way for governments to cut labor costs or undermine union labor.

  3. Safeguards labor rights during disputes. Community service cannot be assigned in workplaces affected by strikes or lockouts, preventing its use as a tool to bypass labor actions and protecting the integrity of collective bargaining.

  4. Requires defendant consent and conditions. The law mandates that the defendant must agree to the terms of community service, reinforcing the voluntary nature of this penalty and potentially increasing compliance and positive outcomes for both individuals and communities.

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Who cares

Headline styles

Allow Community Service Punishments

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Substituted by A5539B
  2. Ordered to third reading cal.1873
  3. Committee discharged and committed to rules
  4. Print number 8272a
  5. Amend and recommit to local government
  6. 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.

A5539Assembly

Add Community Service Option

Signed by Governor · Sponsor David Weprin

Impact 3 · LowSigned into law

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8272--A

IN SENATE

April 25, 2018

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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.

LBD09493-05-8

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the municipal home rule law, in relation to punishment for the violation of a local law

Purpose

To provide for community service as one of the punishments regarding a violation of a local law.

Summary of provisions

Section 1 of the bill codifies as a means of punishment for violating a local law the ability to perform community service. Such community service must 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.

Section 2 establishes the effective date.

Justification

State law prescribes the type of punishment, which may be imposed by a municipality, pursuant to local law, to include a civil penalty, fine, forfeiture or imprisonment. This legislation will add to the type of punishment, community service for a violation of a local law as well.

Legislative history

2017-18: A.5539A - referred to local governments

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.