NY State Senate Bill 2021-S4945

Senate Bill S4945

Signed By Governor

2021-2022 Legislative Session

Relates to town justices of the town of Rye following the dissolution of the Port Chester village court

download bill text pdf

Archive: Last Bill Status Via A5471 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2021	signed chap.72
Mar 08, 2021	delivered to governor
Mar 04, 2021	returned to assembly passed senate 3rd reading cal.450 substituted for s4945
Mar 04, 2021	substituted by a5471
Mar 03, 2021	advanced to third reading
Mar 02, 2021	2nd report cal.
Mar 01, 2021	1st report cal.450
Feb 19, 2021	referred to local government

Votes

- Mar 4, 2021 - Floor Vote
  A5471
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 4, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Mar 1, 2021 - Local Government Committee Vote
  S4945
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Mar 1, 2021
      
      aye (7)
      
      Borrello
      
      Brooks
      
      Gaughran
      
      Hinchey
      
      Rath III
      
      Reichlin-Melnick
      
      Thomas

2021-S4945 (ACTIVE) - Details

See Assembly Version of this Bill:: A5471
Law Section:: Town Law
Laws Affected:: Amd §20, Town L

2021-S4945 (ACTIVE) - Summary

Relates to town justices of the town of Rye following the dissolution of the Port Chester village court.

2021-S4945 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4945

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the town law, in relation to town justices of the town
of Rye following the dissolution of the Port Chester village court

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Town Law to authorize the Rye town court to have two addi-
tional justices.

 
SUMMARY PROVISIONS:

This bill would :

   *authorize the Town of Rye to elect two additional justices if the
Village of Port Chester abolishes its court May 15, 2021;

   *transfer all village court actions and proceedings to the Rye town

court;

   *ensure the Village retains the authority to re-establish a village
court and the Town retains the ability to abolish the two additional
justice positions;

   *authorize the Town to appoint two interim justices until elections
take place; and,

   *allow the Town to initially elect one of the new justice positions
to an initial two-year term to ensure that no more than two justices are
up for election in the same year.

 
JUSTIFICATION:

This legislation has been requested by the Town of Rye to facilitate the
town's assumption of court responsibilities handled by the village of
Port Chester. The village has voted to dissolve the village court with
that dissolution to take effect on May 15, 2021.  The village court has
been responsible for a busy caseload that necessitates adding justices
to the town court to accommodate the level of activity the town court
will receive. The town has carefully reviewed the anticipated workload.
This request matches that analysis. With the dissolution of the village
court and expansion of the town court the result will be a reduction of
one full local justice position.

To allow for the transition to meet the May 15, 2021 dissolution, the
legislation allows for appointment of acting justices by the town until
justices can be elected at the next general election this November and
for an initial 2-year term for one of the new positions to rationalize
the town's justice terms going forward.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately and shall have been deemed to
have been in full force and effect on and after October 5, 2020.

2021-S4945 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4945
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, in relation to town justices of  the  town
   of Rye following the dissolution of the Port Chester village court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The board of trustees of the village of Port Chester may by
 local law, subject to permissive referendum, abolish the  village  court
 and  the  office  of  village justice of such village, effective May 15,
 2021.
   § 2. Subdivision 1 of section 20 of the town law is amended by  adding
 a new paragraph (q) to read as follows:
   (Q)  IN  THE  EVENT  THE VILLAGE COURT OF THE VILLAGE OF PORT CHESTER,
 COUNTY OF WESTCHESTER, IS ABOLISHED EFFECTIVE MAY FIFTEENTH,  TWO  THOU-
 SAND  TWENTY-ONE, THE TOWN COURT OF THE TOWN OF RYE, COUNTY OF WESTCHES-
 TER, SHALL THEREUPON HAVE FOUR TOWN JUSTICES. THE THIRD AND FOURTH  TOWN
 JUSTICES  ESTABLISHED  PURSUANT  TO  THIS  PARAGRAPH  SHALL BE FILLED BY
 ELECTION AT THE REGULAR ELECTION HELD  IMMEDIATELY  AFTER  THE  DATE  OF
 ABOLITION  OF  THE  VILLAGE  COURT  OF  THE  VILLAGE  OF PORT CHESTER AS
 PROVIDED BY THE ELECTION LAW AND THE PUBLIC OFFICERS LAW.
   § 3. Upon the abolition of the village court of the  village  of  Port
 Chester in accordance with this act, all actions and proceedings pending
 in such court shall be transferred to the town court of the town of Rye.
   §  4.  Unless  otherwise  provided  by  law, all fines imposed for the
 violation of a village local law, ordinance or regulation shall  be  the
 property of such village.
   §  5. The village of Port Chester shall have the right to re-establish
 the village court and the office of village justice in  accordance  with
 the provisions of section 3-301 of the village law.  The town of Rye may
 abolish  the  third  and  fourth  justices  as added by paragraph (q) of
 subdivision 1 of section 20 of the town law at the end of  a  four  year
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09638-04-1

 S. 4945                             2
 
 term  in  the  event that the village of Port Chester re-establishes the
 office of village justice.
   §  6.  Upon  the abolition of the village court of the village of Port
 Chester effective May 15, 2021, the town board of the town of  Rye  may:
 (a)  appoint an acting third and fourth town justice to serve until such
 position is filled by election at the regular election held  immediately
 after  the abolition of the village court of the village of Port Chester
 pursuant to paragraph (q) of subdivision 1 of section  20  of  the  town
 law.
   (b)  by  local  law  provide  for  a single term of two years for such
 fourth town justice who shall serve a  single  term  of  two  years,  as
 provided in such local  law, commencing on the first day of the official
 year  following  his  or  her  election  in  order  to provide that town
 justices shall thereafter be elected for a full four year term.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after October 5, 2020.

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