Bill Text: NY S01245 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes the appointment of an additional acting village justice by villages.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-14 - referred to local governments [S01245 Detail]

Download: New_York-2015-S01245-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1245
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the village law, in relation to authorizing the appoint-
         ment of an additional acting village justice by villages
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  a  of  subdivision  2  of section 3-301 of the
    2  village law, as amended by chapter 555 of the laws of 2006,  is  amended
    3  to read as follows:
    4    a.  except  as provided in section 3-303 of this article, no more than
    5  two village justices, but in the event a village  has  one  justice,  it
    6  shall  also have an acting justice who shall serve when requested by the
    7  village justice or in the absence or inability of the village justice to
    8  serve. A VILLAGE THAT HAS ONE JUSTICE, MAY ADOPT A RESOLUTION ON  UNANI-
    9  MOUS  CONSENT OF THE VILLAGE BOARD OF TRUSTEES TO AUTHORIZE THE APPOINT-
   10  MENT OF A SECOND ACTING VILLAGE JUSTICE TO SERVE WHEN REQUESTED  BY  THE
   11  VILLAGE JUSTICE OR IN THE ABSENCE OR INABILITY OF THE VILLAGE JUSTICE OR
   12  ACTING  VILLAGE  JUSTICE  TO  SERVE.  The  office  of village justice is
   13  continued in every village in which it is now established. The board  of
   14  trustees of any other village may establish such office by resolution or
   15  local  law, subject to a permissive referendum. The board of trustees of
   16  any village by resolution or local law, subject to  permissive  referen-
   17  dum,  may  abolish such office, but to take effect only upon the expira-
   18  tion of the then current term of such office, or establish the office of
   19  additional village justices, which justice once elected shall  have  all
   20  the  powers and duties of a village justice. The resolution or local law
   21  in the latter case shall provide for a term pursuant to section 3-302 of
   22  this article. The clerk of the court of a village  shall  be  discharged
   23  from  employment only upon the advice and consent of the village justice
   24  or justices when the clerk, in his or her village duties,  works  solely
   25  for the village justice or justices.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05240-01-5