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
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.
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.
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.
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
Senator · Senate District 59
No co-sponsors yet.
History
- Substituted by A5539B
- Ordered to third reading cal.1873
- Committee discharged and committed to rules
- Print number 8272a
- Amend and recommit to local government
- 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.
Add Community Service Option
Signed by Governor · Sponsor David Weprin
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.