Legislative Affairs
The New York City Bar’s legislative activity in the New York State Legislature and New York City Council is coordinated through the Legislative Affairs Department, which acts as a conduit between the City Bar’s committees and policymakers and other related stakeholders. We encourage our committees to participate in shaping public policy by commenting on pending legislation, drafting proposed legislation, testifying at hearings, and making lobby visits. The scope of issues we address is as vast as the City Bar’s 150 committees and ranges from civil rights and criminal law to trusts and estates, judicial administration and legal issues affecting children.
2012-2013 New York State Budget Recap
April 10, 2012 - On March 30th, Governor Cuomo and the leaders of the Legislature announced passage of the 2012-2013 New York State budget. The City Bar supported a number of aspects of the budget, which are highlighted below... Read more
Criminal Justice — by Samuel W. Seymour
The New York City Bar Association was established in 1870 to press for improvements in our justice system, and since then it has been dedicated to ensuring that we have a justice system that is accessible to all. In no instance is the effectiveness and integrity of our system more important than in criminal matters, where the stakes are so high for individuals and communities. The work of the City Bar is influential in large part because of the quality and makeup of the committees responsible for our reports, programs and public comments. Like the Association as a whole, our committees are comprised of a cross-section of lawyers, and the work of our committees reflects that balance. Notably, for my purposes today, our committees devoted to criminal matters are made up of both defense attorneys and prosecutors. Read more.
Statement of City Bar President Samuel W. Seymour on the All Crimes DNA Bill
New York City Bar Association Opposes Legislation on Worship in Schools
February 13, 2012 - The New York City Bar Association has issued a report opposing legislation that would prevent school districts, including the New York City Department of Education, from enacting or enforcing policies which prohibit the conduct of worship services in public schools, because the legislation is “overbroad, unnecessary and likely to lead to confusion, litigation and potential Establishment Clause violations.” The policies at issue were recently upheld by the Second Circuit Court of Appeals as reasonable and constitutionally permitted. The legislation was introduced in response to that decision. Read More
City Bar Releases Legislative Program for 2012
February 6, 2012 - The New York City Bar Association has released its Legislative Program for 2012, a compilation of State legislative issues that have been addressed by many of its committees. The Program includes positions on existing legislation as well as proposals for new legislation. While the Program represents only a portion of the issues that the City Bar has analyzed or plans to review, it provides an overview of the wide variety of issues of importance to the Association.
Some highlights from the 2012 Legislative Program include... Read more
City Bar Urges Legislature to Adopt Judiciary's 2012-2013 Budget Request in Its Entirety
January 6, 2012 - The New York City Bar Association today urged adoption of the Judiciary’s 2012-2013 Budget Request in its entirety, calling it a “reasonable, practical document, responsive to the state’s current fiscal pressures, which addresses the need to provide meaningful access to the courts and to ameliorate some of the harmful effects of last year’s budget cuts.” In a report, the City Bar outlines the effects of last year’s $170 million budget cut, with its attendant loss of 1,300 court system employees, 8% of its workforce. Read more
New York Authorizes the Incorporation of Benefit Corporations
December 21, 2011 - On December 12, Governor Cuomo signed legislation which will create a new class of corporations in New York whose purpose is to create a benefit for not just shareholders, but the community at large. These newly incorporated “benefit corporations” would have a "general public benefit" purpose, which is defined as a material, positive impact on society and the environment, as measured by a third-party standard, through activities that promote a combination of specific public benefits. By removing the legal impediments that may prevent directors or shareholders from pursuing a business model which results in social benefits, the new law will allow businesses to adopt higher standards of corporate purpose, accountability and transparency.
The Legislation Passed. Now What?
November 2011, President's Letter - The New York City Bar Association’s members devote a great deal of time and energy to analyzing and commenting on legislation. But our work does not necessarily end once the legislation we have supported becomes law. After over a decade of analysis and advocacy by the City Bar, two major laws were passed that will reshape matrimonial law in New York. And in each case, after all that work, we see the importance of remaining just as active in the implementation of the laws. Read more
City Bar Legislation & Policy Based Events Now on Facebook
Interested in learning about upcoming City Bar events and CLE courses dealing with legislation and policy related issues? Check out the Legislative Affairs Facebook page! Relevant events and CLE courses will now be posted on our Facebook page to provide information on our programming that can easily accessed and shared. To see upcoming events, click here.
2011 Legislative Wrap Up
November 10, 2011 - While bills are still being delivered to the Governor’s office for his action, the 2011 New York State legislative term has already produced positive results for the City Bar committees who contributed to our advocacy efforts this year. The Marriage Equality Act – supported by 20 committees - will extend the right to marry to same-sex couples in New York. The Public Integrity Reform Act of 2011 – supported by the Government Ethics, State Affairs and Professional Responsibility Committees - will bring much needed reform to our state government.
In addition, City Bar committees saw a number of their legislative proposals enacted into law...
City Bar Provides Recommendations to Law Revision Commission on Divorce Maintenance Laws
November 3, 2011 - The New York City Bar Association has issued a report with three recommendations for consideration by the New York State Law Revision Commission as the Commission continues its analysis of New York’s divorce and maintenance laws pursuant to Chapter 371 of the 2010 Laws of New York. The report is the culmination of a lengthy collaborative process undertaken by four City Bar committees comprised of practitioners in matrimonial and family law – the Domestic Violence Committee, the Family Court and Family Law Committee, the Matrimonial Law Committee and the Sex and Law Committee. Read more
What Passage of the Marriage Equality Law Will Mean for Same-Sex Couples in New York
October 6, 2011 - Twelve City Bar committees hosted a multidisciplinary forum on October 4th to discuss the impact of the Marriage Equality Law and the lingering discriminatory effects of the Defense of Marriage Act. To view more information on the panel and see program materials, click here.
New York Expands the Geographical Jurisdiction for Offenses of Identity Theft
September 2, 2011 - Legislative successes can often happen in ways that are difficult to follow. It is not always as straightforward and transparent a process as one would like. For instance, anyone who has read through hundreds of pages of a budget bill knows that those pages may contain very important legislative proposals that, at first glance, do not seem particularly budget-related. If those proposals pass as part of the budget, however, they are no less the law than if they had passed as stand-alone bills.
The City Bar’s Criminal Justice Operations Committee recently experienced how a bill can become a law by taking a circuitous route. In March 2009, the Committee proposed amendments to the Criminal Procedure Law (CPL) to establish enhanced venue provisions for crimes closely related to the offenses of identity theft and unlawful possession of personal identification information, which already enjoy enhanced venue.
City Bar’s Construction Law Built Environment Web Page Goes Live
July 19, 2011 - Citing the want to “educate the public regarding the need to modernize the State's archaic public construction procurement laws,” and warning that structures like the Tappan Zee Bridge are in a precarious state of disrepair, the New York City Bar Association has launched a Web page presenting the Construction Law Committee’s recent work on the ‘Built Environment.’
The Web page contains the re-issuance and updating of the report “21st Century Construction, 20th Century Construction Law,” as well as a synopsis of a multi-disciplinary forum on several critical issues in the Built Environment entitled “Developing the 21st Century,” held earlier this year, and jointly sponsored by the City Bar’s Construction Law, Project Finance, and Land Use Planning and Zoning Committees.
Recap of the Marriage Equality Vote
July 11, 2011 - The Senate chamber erupted with cheers and applause the evening of June 24th as the New York Legislature passed marriage equality legislation, which will bring an end to legal discrimination against same-sex couples who wish to marry in New York. Passage came after the Governor’s office and a group of legislators ironed out statutory protections for religious institutions opposed to same-sex marriage. During debate on the bill, two previously undecided Republicans – Stephen Saland and Mark Grisanti, both practicing attorneys – rose to explain that their support for marriage equality was rooted in the concept of equal rights under the law, ensuring that the bill would have sufficient votes to pass. Referring in particular to his legal background, Senator Grisanti stated plainly, “I cannot legally come up with an argument against same-sex marriage. Who am I to say that someone does not have the same rights that I have with my wife, who I love, or have the 1,300 plus rights that I share with her.” After passing the Assembly earlier in the month by a vote of 80-63, the Senate approved the measure 33-29 and Governor Cuomo signed the bill that night. Read more.
Statement of New York City Bar President Samuel W. Seymour on Passage of Marriage Equality Act
June 24, 2011 - The New York City Bar Association applauds Governor Cuomo and the Legislature on the historic passage of legislation that will bring full marriage equality to New York. Same-sex couples who wish to marry in New York will finally have the legal status that all married couples enjoy and that is clearly recognized by institutions, governments, employers and children, and which inseparably carries with it enumerable rights, duties, benefits, and obligations under the law. Read more
Governor Announces Public Integrity Reform Act of 2011
Statement of Samuel W. Seymour Supporting the Public Integrity Reform Act of 2011
June 3, 2011 - The New York City Bar Association is pleased to support the agreement on ethics reform announced today. The current framework for financial disclosure and enforcement of New York’s ethics laws are in great need of repair, and New Yorkers have a right to be outraged by the continuing series of transgressions and scandals involving elected and other officials. The agreement makes great strides toward providing the transparency and accountability that the public is entitled to. We are particularly pleased that the legislation for the first time will require disclosure of legislators’ clients, something we have argued is both necessary and fully in keeping with ethical responsibilities. While we would have preferred a still broader disclosure regime, this approach will provide meaningful information with which the public can examine legislators’ outside activities in relation to what their responsibilities are to the people of this State.
New York Bar Associations Make Legal Case for Same-Sex Marriage
May 17, 2011 - At a press conference organized by the New York State Bar Association and the New York City Bar Association, leaders of New York bar associations today urged the state Legislature to bring an end to legal discrimination against same-sex couples who wish to marry in New York. In calling for a marriage equality law, the bar associations said existing laws discriminate against same-sex couples in a wide range of areas, including health care, housing, child raising, inheritance, wrongful death actions and property rights should a couple split up. Over 20 bar associations joined in supporting the measure, arguing that without passage of a marriage equality law, unmarried same-sex couples in New York will continue to face hundreds of inequities in the law.
Why Should New York Support Marriage Equality for Same-Sex Couples?
May 3, 2011 - The New York City Bar Association has released a report titled “Why Should New York Support Marriage Equality for Same-Sex Couples?” The report was co-authored by the Committee on Lesbian, Gay, Bisexual and Transgender Rights and the Committee on Sex and Law, and endorsed by a wide variety of City Bar committees covering areas such as trusts and estates, labor and employment and health law. In sum, the Report concludes that there is no legitimate basis for denying same-sex couples the rights, privileges and obligations of marriage that are extended to opposite-sex couples.
Proposed Legislation by the City Bar
April 29, 2011 - A unique aspect of being a member of a City Bar committee is the ability to propose legislation. Committee members are able to influence policy by drawing on their expertise to make recommendations to amend and improve the law. This session, our committees have been particularly active in drafting legislation, providing proposed amendments to the art and cultural affairs law, criminal procedure law, and human rights law, to name a few. The Legislative Affairs Department works with committees to find sponsors for their proposals, and once the legislation is introduced, we work with committees to advocate for the bill’s passage, finding support from other legislators, relevant organizations and the public.
Ethics In Albany
April 18, 2011 - The State Affairs Committee wrote a letter to the editor of the New York Times agreeing with their April 9 editorial "Three Men in a Room," which called for the public review of working drafts of ethics reform legislation. The need for ethics reform is great, and while "forging initial language privately may improve the bill’s focus," any ethics reform legislation must be made available for public scrutiny in order to ensure that the core principles of ethics reform are met. To read the full letter, click here.
2011-2012 New York State Budget
April 15, 2011 - With the Governor’s signature on March 31st, the Legislature passed the first on-time state budget in years. A number of City Bar committees provided comments on portions of the budget relevant to their practice areas. Here are a few highlights...
Recent Committee Reports
April 13, 2011 - Catch up with recently issued committee reports in this week's edition of the 44th Street Notes. Committee reports in the past week include such issues as the federal Employment Non-Discrimination Act, increasing renewal terms for housing court judges, opposition to 'last in, first out' provisions dealing with criminal convictions, and funding for civil legal services. For a full recap of recent reports, click here. For information on when committee reports are issued and updates on the status of legislation, make sure to follow the Legislative Affairs Department on Twitter @NYCBarLegis.
City Bar Releases 2011 Legislative Program
March 3, 2011 - The City Bar’s 2011 Legislative Program has been posted! The Program is a compilation of state legislative issues that have been studied and addressed by many of our committees. It includes commentary on existing legislation as well as proposals for new legislation. The City Bar looks forward to continuing its advocacy in a wide variety of policy areas, including, government and ethics reform; the judiciary and access to justice; criminal justice; health law; children and families; civil rights; the legal profession; intellectual property; trusts and estates, business and taxation issues; and business relations. To view the Program go to: http://bit.ly/eo6nDh.
Defense of Marriage Act Declared Unconstitutional
February 24, 2011 - The Obama Administration announced on Wednesday that it has instructed the Justice Department to stop defending the Defense of Marriage Act (“DOMA”) in court. Passed in 1996, DOMA bars federal recognition of same-sex marriage by defining marriage as “a legal union between one man and one woman for purposes of all federal laws and provides that states need not recognize a marriage from another state if it is between persons of the same sex.” In calling DOMA unconstitutional, the White House and Justice Department have acknowledged that classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. In opposing this law, the City Bar has maintained that it is unconstitutional, as DOMA nullifies the Full Faith and Credit Clause of the United States Constitution and offends core states’ rights in defining family law.
Legislative Update
January 24, 2011 - The 2011 State legislative session is underway, with a new Governor, a $10 billion budget deficit, the Democrats retaining control of the Assembly, and the Republicans retaking control of the Senate. Session days - which primarily take place on the first two or three days of the week - are scheduled to end on June 20. The City Bar committees are in the process of writing transition letters to Governor Cuomo, outlining priorities and issues of concern; preparing or updating reports on pending legislation; and, in some cases, proposing new legislation. Here is a snapshot of what the City Bar committees will be advocating for this year...
Council on Children issues transition letter to Governor highlighting important issues affecting children to be considered during his term
January 19, 2011
Follow the Legislative Affairs Department on Twitter!
For updates on the City Bar's policy work and the Legislative Affairs Department, please follow us on our new Twitter account, @NYCBarLegis. Follow us to receive real time updates on City Bar reports, testimony and news relevant to legislation in Albany and the City Council.
Don't Ask Don't Tell Repealed by Both Houses
December 20, 2010 - The Senate voted this weekend to repeal the United States military’s ban on open service by lesbian, gay, or bisexual individuals, known colloquially as 'Don't Ask Don't Tell' ('DADT'), in a bipartisan vote of 65-31. The historic vote comes on the heels of the House of Representatives approval of the repeal on December 15 and the completion of the Pentagon's 9-month study on the effects of ending the policy in the military, which found that the majority of service members believe that the impact on their units would be positive, mixed or of no consequence at all. The City Bar applauds both houses for voting to end this discriminatory policy which has caused the discharge of over 13,000 service members based on nothing more than their sexual orientation.
Calls for State Government Reform
December 17, 2010 - The New York City Bar Association has renewed its calls for reform in Albany, issuing a memo to Governor-Elect Andrew Cuomo and letters to all legislators to urge enactment of ethics and rules reforms in the coming legislative session. While the City Bar applauds the Senate’s enactment of a handful of new rules and efforts last session to develop ethics reform legislation, these measures still fall short of bringing true transparency, accountability and balance to the legislature.
City Bar Urges Focus on Judicial Salaries
December 2, 2010 - The New York State legislature passed legislation this week that will establish a judicial salary commission, paving the way for the first salary increase for judges in the state for over a decade. The City Bar has long advocated for judicial salary increases, and President Sam Seymour applauded the Governor for including the legislation on the special session agenda. Following passage of the bill, Mr. Seymour said in a statement, "The New York City Bar Association commends the New York State Legislature for passing legislation establishing a commission to review and adjust judicial salaries. We also commend Governor Paterson for advancing the proposal, and Chief Judge Lippman and Chief Administrative Judge Pfau for all their efforts towards achieving passage. Our judges have not received a salary increase since 1999. The time has come to recognize the crucial role they play in providing New Yorkers with fair and effective access to justice, particularly as more and more individuals rely on the court system in this time of economic crisis."
Corporation Law Committee Provides Guidance on "Benefit Corporation" Legislation
November 8, 2010 - The end of the legislative session in Albany typically brings a flurry of fast-paced activity and negotiations. In fact, 77% of all two-house bills that passed the legislature last session passed in June, the last month of session. With impending deadlines and a crushing number of bills being introduced and advanced, the opportunity for public input can be diminished. This was the backdrop to the introduction of A.11498-B/S.7855-B, which allows for the incorporation of “benefit corporations” in New York that would be authorized to promote a “general public benefit.” Under this legislation, directors of a corporation designating itself as a benefit corporation would be required to consider the impact of their decision-making on stockholders, employees, customers, the environment and the community at large.
New York State Election Results
November 3, 2010 - With the winners of most races from yesterday's midterm election decided, control of the New York State Senate continues to hang in the balance as three races remain too close to call. The Democrats went into the election holding a slim 32-30 majority and it remains to be seen whether they will retain that majority, turn control over to Republicans, or face a 31-31 split.
Dignity for All Students Act Signed Into Law
September 8, 2010 - New York has become the latest state to take a hard line against bullying in schools by enacting the Dignity for All Students Act (DASA), a comprehensive piece of anti-bullying legislation which will require public schools to establish policies and procedures for dealing with instances of harassment and discrimination.
Legislative Successes
September 7, 2010 - August 13 proved to be a day of milestones in New York as the Governor signed legislation into law making New York the last state in the country to enact no-fault divorce and the first state to allow victims of sex trafficking to vacate their prostitution convictions.
New Law Relating to HIV Testing
August 3, 2010 - HIV testing procedures will be updated this fall after the Governor signed legislation that revises informed consent requirements associated with HIV/AIDS testing.
Syringe Access Bill Signed Into Law
August 3, 2010 - Legislation supported by the City Bar's Committee on AIDS and Committee on Drugs and the Law was signed by the Governor last week which will eliminate a gap in legal protections for individuals participating in syringe exchange programs.
No-Fault Divorce Passes Both Houses, City Bar Urges Governor to Sign Legislation
July 8, 2010 - New York State is poised to become the last state in the country to enact no-fault divorce after such legislation passed both the Senate and Assembly this past month.
City Bar Supported Legislation Clears Hurdle with Passage in the Senate
With only 3 scheduled days remaining in the 2010 Legislative Session, a number of bills supported by the City Bar were passed by the Senate yesterday, clearing a major hurdle towards final enactment into law.
Dignity for All Students Act
June 29, 2010 - After consistently passing in the Assembly by wide margins every year since 2002, the Dignity for All Students Act ("DASA", A.3661-C/S.1987-B) passed the Senate by a bipartisan vote of 58-3 on June 22, 2010.
Reentry of Persons Previously Incarcerated
June 28, 2010 - Thanks in part to the work of the Corrections Committee and the Labor and Employment Law Committee, four pieces of legislation were passed as part of the Public Protection and General Government budget. Signed by Governor Paterson on June 22, these provisions are aimed at lowering recidivism rates and helping individuals with criminal records successfully reenter society:
City Bar Recommends that Governor Sign Anti-Sex Trafficking Legislation
June 21, 2010 - The New York City Bar Association has written to Governor Paterson urging him to sign A.7670/S.4429, a bill that would amend the criminal procedure law in relation to victims of sex trafficking convicted of prostitution offenses. The letter, signed by Rachel L. Braunstein, Chair of the City Bar’s Sex and Law Committee, can be read here.
City Bar Urges Support for the Consumer Credit Fairness Act
June 18, 2010 - The New York City Bar Association has written to New York State Senators urging them to support the Consumer Credit Fairness Act ("CCFA"), which has passed in the Assembly and is currently being considered by the Senate’s Rules Committee.
Bill Providing Affordable Housing for Low-Income New Yorkers with HIV/AIDS Awaits Governors Signature
May 25, 2010 - The Committees on AIDS and Social Welfare Law have issued a report in support of A.2565 / S.2664, which would provide that certain persons living with HIV or AIDS not be required to pay more than 30% of their household income towards shelter costs.
Legislative Roundup
With June—the last and most active month of the legislative session in Albany—fast approaching, the Legislative Affairs Department continues to advocate on behalf of the City Bar’s committees. While budget negotiations continue to loom large, we expect a push in the upcoming weeks as legislators try to steer their bills to passage.
City Bar Supports Bill Enabling Attorneys to Attach Liens for ADR or Settlement Awards
May 10, 2010 - The New York City Bar Association has issued a report in support of Assembly bill 8697, sponsored by Assembly Members Titone and Weinstein, which would authorize an attorney to attach a lien to awards and settlement proceeds obtained through alternative dispute resolution (ADR) or settlement.
Debt Collection Practices Called Into Question
May 7, 2010 - The New York Times reported on the recent influx of credit card cases as debt collectors have inundated the courts to collect what they attest to be their due.
City Bar Testifies in Support of No-Fault Divorce
May 6, 2010 - The Matrimonial Law Committee provided testimony at a public hearing entitled "No-Fault Divorce and Matrimonial Law Reform."
Governor Signs Bill Eliminating 21-Year Duration of Pet Trusts
May 6, 2010 - The Governor this week signed into law legislation which would eliminate the limit on how long a pet could be covered under a trust.
Motion for Committee Consideration
While Albany finds itself embroiled in a deadlock over the State budget, a number of Senators were able to quietly advance pieces of legislation by taking advantage of a new procedural rule that allows sponsors to move their bills onto a committee agenda on their own initiative.
City Bar Opposes Denise's Law
April 2010 - The City Bar's Council on Children voiced their opposition to A.9523-B/S.6361-B or "Denise's Law" which would allow a parent, social worker or person with whom a child has a “close personal relationship” to petition the court to have youths enrolled into a drug addiction program.
Governor Signs Family Health Care Decisions Act
On March 16, Governor Paterson signed into law the Family Health Care Decisions Act, ending a 17-year battle for legislation which would allow a surrogate to make medical decisions for a patient who is incapacitated.
Comprehensive Ethics Reform in Albany
February 2010 - The Committees on State Affairs and Government Ethics released their comprehensive ethics report, "Reforming New York State's Ethics Laws the Right Way." The report identifies five core principles to effective reform including a single independent ethics agency and providing full disclosure of all legislators' outside income.
HIV-Testing Report Released
January 2010 - Report on current legislation regarding mandatory HIV-Testing.
City Bar Calls for Financial Disclosure Requirements for Attorney Legislators
January 2010 - Report released by the Committee on State Affairs, Committee on Government Ethics, and Committee on Professional Responsibility, "Reforming New York State's Financial Disclosure Requirements for Attorney-Legislators".
IOLA and the Future of Civil Legal Services
December 9, 2009 - Pro Bono and Legal Services Committee Chair, Stacey O'Haire Fahey, testified at a New York State Senate public hearing regarding IOLA and the future of civil legal services in New York.
City Bar and Brennan Center Legislative Roadmap Release
November 2009 - New York City Bar and Brennan Center Release Legislative Roadmap of New York State Senate Rules.
Legislative Program 2012
