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 Guidelines for Reviewing Legislation
GUIDELINES FOR REVIEWING LEGISLATION
In reviewing proposed
legislation, rather than trying to formulate an opinion on public
policy, we at the Real Property Law Section can bring our legal
expertise to bear on the legislation. We can act as experts giving
advice to the policymakers. We don't have to just consider whether we
support or oppose the legislation. We can say that we “support if
amended” or “oppose if not amended.” And we can always
decline to comment.
Some questions to ask yourself in reviewing legislation:
1.Will the legislation do what
it purports to do?" (rather than "Should this policy be
enacted?")
2. Are key statutory terms
defined?
3. Is there a better way to do
what it purports to do?
4. Do we foresee unintended
consequences?
5. What is the effective date?
Should it be delayed (e.g. until after the January NYSBA meetings to
allow time to make it known to our members)?
6. Is the statute
retroactive?
7. Does the legislation give
rise to a private right of action? Should it?
8. Who has standing to
sue?
9. Is there a statute of
limitations? If so, what is the limitations period?
10. What types of relief are
provided for? What types of relief are/will be available?
11. If a federal statute, is it
intended to preempt state law?
Format for legislation memos:
Memorandum in [Support]
[Opposition] [Support if Amended] [Opposition unless Amended]
[Assembly and/or Senate bill
number(s)] By: [Assemblyman and/or Senator]
AN ACT to [amend the ____ Law],
in relation to [state subject matter]
LAW AND SECTION REFERRED
TO: [____ Law Sections
____]
THE REAL PROPERTY LAW SECTION
[SUPPORTS][OPPOSES][SUPPORTS IF AMENDED][OPPOSES UNLESS AMENDED] THIS
LEGISLATION
[First paragraph of one or two
sentences should succinctly state the position and reasons
therefore]
[Body of memo]
The Real Property Law Section
[Supports] [Opposes] [Supports if Amended] [Opposes unless Amended] this
bill.
Person(s) who prepared this
Memorandum: [insert name of preparer(s)]
Section Chair: [insert
name]
[Guidelines drafted by Karl Holtzschue and
Kathleen Lynch 03/06/09]
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