Assembly Bill A5853

2021-2022 Legislative Session

Relates to authorizing the appointment of an additional associate village justice by villages

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A5853 (ACTIVE) - Details

See Senate Version of this Bill:
S983
Current Committee:
Assembly Local Governments
Law Section:
Village Law
Laws Affected:
Amd §3-301, Vil L
Versions Introduced in 2019-2020 Legislative Session:
A7491, S3994

2021-A5853 (ACTIVE) - Summary

Relates to authorizing the appointment of an additional associate village justice by villages.

2021-A5853 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5853
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the village law, in relation to authorizing the appoint-
   ment of an additional associate village justice by villages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of  subdivision  2  of  section  3-301  of  the
 village  law,  as amended by chapter 259 of the laws of 2016, is amended
 to read as follows:
   a. except as provided in section 3-303 of this article, no  more  than
 two  village  justices,  but  in the event a village has one justice, it
 shall also have an associate justice who shall serve when  requested  by
 the  village  justice  or  in  the  absence  or inability of the village
 justice to serve. A VILLAGE THAT HAS ONE JUSTICE, MAY ADOPT A RESOLUTION
 ON UNANIMOUS CONSENT OF THE VILLAGE BOARD OF TRUSTEES TO  AUTHORIZE  THE
 APPOINTMENT  OF  A  SECOND  ASSOCIATE  VILLAGE  JUSTICE  TO  SERVE  WHEN
 REQUESTED BY THE VILLAGE JUSTICE OR IN THE ABSENCE OR INABILITY  OF  THE
 VILLAGE  JUSTICE  OR  ASSOCIATE  VILLAGE JUSTICE TO SERVE. The office of
 village justice is continued in every village in which it is now  estab-
 lished.  The  board  of trustees of any other village may establish such
 office by resolution or local law, subject to a  permissive  referendum.
 The board of trustees of any village by resolution or local law, subject
 to  permissive  referendum,  may abolish such office, but to take effect
 only upon the expiration of the then current term  of  such  office,  or
 establish  the office of additional village justices, which justice once
 elected shall have all the powers and duties of a village  justice.  The
 resolution  or  local  law  in  the latter case shall provide for a term
 pursuant to section 3-302 of this article. The clerk of the court  of  a
 village  shall  be  discharged  from employment only upon the advice and
 consent of the village justice or justices when the clerk, in his or her
 village duties, works solely for the village justice or justices.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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