Bill Text: NY A05539 | 2017-2018 | General Assembly | Amended

Bill Title: Provides for community service as one of the punishments for the violation of a local law in a municipality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-08-24 - signed chap.216 [A05539 Detail]

Download: New_York-2017-A05539-Amended.html

                STATE OF NEW YORK
                                                                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 Govern-
          ments 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  commit-
          tee  --  reported from committee, advanced to a third reading, amended
          and ordered reprinted, retaining its place on the order of third read-
        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 Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision 4 of section 10 of the munici-
     2  pal home rule law is amended to read as follows:
     3    (b) To provide for the enforcement of local laws by legal or equitable
     4  proceedings which are or may  be  provided  or  authorized  by  law,  to
     5  prescribe   that   violations  thereof  shall  constitute  misdemeanors,
     6  offenses or infractions and to provide for the punishment of  violations
     7  thereof by civil penalty, fine, forfeiture, community service, where the
     8  defendant  has  consented  to the amount and conditions of such service,
     9  provided however, that the performance of any such  services  shall  not
    10  result  in  the displacement of employed workers or in the impairment of
    11  existing services, nor shall the performance of  any  such  services  be
    12  required  or permitted in any establishment involved in any labor strike
    13  or lockout, or imprisonment, or by two  or  more  of  such  punishments,
    14  provided,  however, that a local law adopted pursuant to subdivision two
    15  of this section shall provide only for such enforcement or punishment as
    16  could be prescribed if the action of the legislative body were taken  by
    17  ordinance, resolution, rule or regulation, as the case may be.
    18    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.