Research

Administrative History

Chapter 958 of the Laws of 1939 created a temporary state commission to "study existing laws, both state and local, relating to finances of municipal subdivisions and organized public districts of the state and to codify, revise and make uniform state statutes relating thereto." The commission was also tasked with revising relevant statutory law to make it conform to recently adopted amendments to the local finances article of the state constitution. The nine-member commission, chaired by Assemblyman Abbot Low Moffat, was directed to report the results of its study and recommend remedial legislation no later than April 15, 1940.

Prior to the commission's formation, provisions of law regulating municipal borrowing were dispersed among the state's General Municipal Law, County Law, Town Law, Village Law, and Education Law. Likewise, every city charter in the state contained provisions regulating the budget procedure for that city. Regulations were based on the type of municipality and on particular phases of municipal finance, rather than on the general subject of municipal finance itself. The commission sought to provide uniformity in application and bring together, ideally in a single chapter of the consolidated laws, all operative provisions relating to local finance. In line with Article VIII of the newly adopted state constitution, the commission also strived to improve the overall financial structure of municipalities, limiting their powers to tax and incur indebtedness as well as prescribing sound methods of borrowing and retiring debt.

The commission was extended annually by the legislature, its existence and powers ultimately terminated by Chapter 11 of the Laws of 1947. Its crowning achievement was securing passage of a consolidated local finance law (Laws of 1942, Chapter 424), which ultimately became Chapter 33-a of the state's consolidated laws. The commission subsequently secured passage of numerous amendments to state and local laws, including a Schedule of Laws Repealed, in order to achieve conformity to the new Local Finance Law.