Transcript New York Law Research

NEW YORK STATE AND
MUNICIPAL LAW
RESEARCH
Shikha Gupta Joseph
[email protected]
Spring 2014
Agenda
• New York State Law refresher
• New York municipal research
• Questions
Law Library Sources
New York Legislative Bills
• The legislative power of the state is vested in the Senate
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and Assembly (pursuant to Article III, § 1 of the New York
State Constitution).*
The legislative term consists of two legislative sessions.
The legislative sessions are usually referenced by
number, e.g., 228th Session (2005). *
Every bill that passes both the Senate and the Assembly
must be approved and signed by the Governor before it
becomes a law.*
For the full process on how a bill becomes a law:
http://www.nysenate.gov/How_a-Bill_Becomes_a_Law
*Gibson’s New York Legal Research Guide (Third Edition), William H. Manz. © 2004
Locating Bills and Bill Status
Locating Bills
• Legislative Session Information (New York State Legislature)provides bill text, status, summaries, sponsor memos, and floor
votes for bills from 1995 to present.
• New York State Bill Search (New York State Assembly) Search
by bill number or keyword (1999-current session).
• Lexis Advance
• WestlawNext
• Bloomberg Law
Bill Status
• Legislative Session Information
• Lexis Advance
• WestlawNext
New York Session Laws
Session Laws are annual compilations of the laws passed by the NY state
legislature during each year and are printed in chronological order (by chapter
number). They include all types of legislation: public, private, temporary, and
permanent laws.
• McKinney’s Session Laws of New York
Call Number: KFN5025 .M35, Reading Room
• Laws of the Colony of New York; New York Session Laws
Call Number: Law Microform, cabinet 38-40
• The Colonial Laws of New York: 1664-1775
Call Number: Law Classified, KFN5025 .N34
• Laws of the State of New York: 1770-1950
Call Number: Law Classified, KFN5025 .N35
Online Sources:
• Bloomberg Law-located under New York Bills.
• HeinOnline-available under the New York Legal Research Library, Session Laws:
1691 – 2012; Sessions Laws Library.
• Lexis Advance-located in the source New York Advance Legislative service.
• WestlawNext-available under New York Bill Tracking.
New York Statutes and Codes
Codes are subject compilations of the laws of a state.
• Print codes are kept up-to-date with pocket parts and monthly legislative advance
sheets.
• A code citation in NY is by subject title and section number, i.e. CPLR sec. 2301.
• A list of code titles and abbreviations is in the front of every volume of the general
index for McKinney’s code.
• McKinney’s Consolidated Laws of New York Annotated-Reading room, NY
section, KFN5030 1939 .A234
• Consolidated Law Service (CLS)-Reading room, NY section, KFN5030 .A46
Online Sources:
• Bloomberg Law-provides New York Consolidated and Unconsolidated Laws.
• HeinOnline-the New York Legal Research Library provides various titles of
statutes, compilations, and revised codes from 1777 to 1925.
• Lexis Advance-provides the current New York Consolidated Laws Service.
• New York State Laws (Assembly web site)
• WestlawNext-provides NY Statutes Annotated, Unannotated and Historical
Statutes Annotated.
Relevant Statutes
• County Law (Chapter 11 of the Consolidated Laws)
• General Municipal Law (Chapter 24 of the Consolidated
Laws)
• Municipal Home Rule Law (Chapter 36–A of the
Consolidated Laws)
• Statute of Local Governments (Chapter 58–A Of the
Consolidated Laws)
Legislative History
• "Legislative history" generally refers to the documents
created by the legislature in the course of the legislative
process. Legislative histories are often needed to
investigate the legislative intent behind a statute.
• Refer to the following Research Guide:
• New York Legislative History
New York Administrative Law
New York's administrative law is issued by the state’s executive branch of
government. The executive branch is headed by the governor and includes
various departments, agencies, commissions, and task forces.
• New York Code Rules & Regulations (NYCRR) is the state administrative
code and it provides the full text of the State's current regulations.
• The print version of the "Official Compilation of Codes, Rules and Regulations" is
available at Law Reserve, KFN5035.A22 N4. It is a loose-leaf set that is kept
current.
Online Sources:
• Bloomberg Law-provides current version of the NYCRR.
• Lexis Advance-provides current version of the NYCRR.
• New York Codes, Rules and Regulations (unofficial version)
• WestlawNext-provides current unofficial version of NYCRR.
Regulations Tracking:
• WestlawNext-under New York Proposed & Adopted Regulations
• Individual agency websites listing
New York Administrative Law-cont.
New York State Register is a publication of state agency activities. It is
the NY equivalent of the Federal Register. It provides rule-making
activities, Notices of Proposed Rule Making and Notices of Adoption
(can be the only source that provides intent of rules and regulations),
new court rules, executive orders of the governor and much more.
Print Sources:
• Law Reading Room, KFN5035.A3 N4, July 2004 to date
• Law microform, 7/1974 – present, Lektriever 4, shelf 23 drawers A-G
• Online Sources:
• Bloomberg Law-provides New York Register from 1/2008 to current.
• Lexis Advance-includes the current New York State Register.
• New York State website (New York State Register)-provides the New
York State Register from 2003 to date.
• WestlawNext-provides the current New York Administrative Register.
Administrative Decisions, Opinions and
Rulings
• Individual agency websites listing
• Bloomberg Law-under N.Y. Agencies & Departments
• Lexis Advance-browse New York Administrative Materials
for various state agency decisions
• WestlawNext-under New York Administrative Decisions &
Guidance
New York Municipal Law
State and local governments:
• Entities of local government outside of New York City are
counties, cities, towns, and villages. Generally, these
entities are known as municipal corporations.*
• In New York, there are sixty-two counties.*
• Article IX of the New York Constitution, the Municipal
Home Rule Law, and the Statute of Local Governments
provide the framework for state and local governments.*
• New York State County listing
*Gibson’s New York Legal Research Guide (Third Edition), William H. Manz. © 2004
Secondary Sources and Other Material
• McQuillin, Eugene. The Law of Municipal Corporations, Law
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Classified, KF5305 .M34 (also available on WestlawNext)
Matthews, Thomas A. Municipal Ordinances; Text and Forms,
Law Classified, KF5313.M342 (also available on WestlawNext)
Krane, Dale. Home Rule in America: a Fifty-State Handbook,
Law Classified, KF5305.Z95 K73 2001
Reynolds, Jr. Osborne M. Handbook of Local Government Law,
Law Reserve, KF5300 .R49 2001
McCarthy, David J. Local Government Law in a Nutshell, Law
Reserve, KF5300.Z9 M3 2003
Martinez, John C. et al. Local Government Law (available on
WestlawNext)
Stevenson, Sandra M. Antieau on Local Government Law
(available on Lexis Advance)
New York Department of State Local Government Handbook
Model Ordinance and Form Books
• Underhill, Henry W. et al. IMLA Model Ordinance Service,
Law Classified, KF294.N3 N56
• Matthews, Thomas A. Municipal Ordinances; Text and
Forms, Law Classified, KF5313.M342 (also available on
WestlawNext)
• Kline, Herbert A. New York Municipal Formbook, Law
Reserve, KFN5752.A65 K5 1992
Municipal Sources on Bloomberg Law,
Lexis Advance, and WestlawNext
• Bloomberg Law-use main search box or browse “All Legal
Content” by jurisdiction
• Lexis Advance
• Go to “Browse Topics” and select “Governments”, then choose
“Local Governments”
• Go to “Browse Sources”, can search by name or browse sources
alphabetically
• WestlawNext-go to “Practice Areas” tab and select
“Municipal Law”
Local Laws
• A local law has the same quality as a law enacted by the legislature.*
• It is superior to a local ordinance or resolution since it is an exercise of power derived
from the New York Constitution.*
• Local Laws are not effective until certified copies are filed locally and with the Secretary
of State.*
Print Sources:
• Local laws of the cities, counties, towns, and villages in the State of New York, Law
microform, KFN5754 .N44, 1974 – 78, Cabinet 17
• Local laws of the cities in the State of New York enacted during the year…, Law
Classified, KFN5754 .N41, 1925-1940
• Local laws of the cities, counties and villages in the State of New York, Axinn
Reference, JS3.N69 A35, 1940-1943
Online Sources:
• Municipal Codes on the Internet (General Code Publishers)
• Local Newspapers-can check individual newspaper site or do search in WestlawNext
News (Columbia County website lists The Register Star)
Other Sources:
• Clerk’s Office of the enacting municipality-Columbia County Clerk’s Office
• New York Department of State, State Records Office: 518-474-2755
*Gibson’s New York Legal Research Guide (Third Edition), William H. Manz. © 2004
Charter, Codes, Ordinances and
Resolutions
Ordinances/Resolutions:
• Municipal Codes on the Internet (General Code
Publishers)
• Municode.com
• Hudson City website
• Lexis Advance-provides selected municipal codes under
New York Municipal Codes.
• New York State Library
• Association of the Bar of the City of New York
• Law Library of State University of New York at Buffalo
• Clerk’s Office of the enacting municipality
• Columbia County Board Resolutions
New York City Municipal Materials
• Refer to the following Research Guide:
• New York City Legal Research
• Manz, William H. Gibson’s New York Legal Research
Guide, Law Reserve, KFN5074 .G53 2004
• Bloomberg Law
• Lexis Advance
• WestlawNext-New York City Municipal Materials
Other helpful sites and tips:
• Be SAVVY! Municipal legal research is often hard to locate for
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other parts of New York State. You will often have to call or
email various county departments/personnel, local libraries and
other sources.
USE Google and Google Books-but do check if it is a reliable
and credible source.
Learn to effectively use microfiche and microform.
Use WestlawNext News-select “New York News” or search The
Register Star website
Search law review articles, cases and records/briefs
Columbia County website-get familiar with this site and do not
be afraid to call the various departments.
Hudson City website-can find more results and narrow by using
the “Search” feature.
Feel free to contact me via email or visit the reference desk