senate Bill S6659

Relates to repealing the requirement of an undertaking by a surrogate or a county judge; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Mar / 2012
    • REFERRED TO JUDICIARY
  • 01 / May / 2012
    • 1ST REPORT CAL.628
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 16 / May / 2012
    • SUBSTITUTED BY A9480

Summary

Repeals the requirement of an undertaking by a surrogate or a county judge.

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Bill Details

See Assembly Version of this Bill:
A9480
Versions:
S6659
Legislative Cycle:
2011-2012
Law Section:
Judiciary Law
Laws Affected:
Rpld §184 sub 3, Judy L

Sponsor Memo

BILL NUMBER:S6659

TITLE OF BILL:
An act
to repeal subdivision 3 of section 184 of the judiciary law, relating to
the requirement of an undertaking by a surrogate or a county judge

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Surrogate's Court Advisory Committee.

This measure would repeal subdivision three of section 184 of the
Judiciary Law as obsolete, unnecessary and a possible source of
mischief and misunderstanding. This bond requirement of Surrogates
and County Judges is obsolete. The function of a surety under this
statute has been superseded for all purposes by the State, commencing
when Surrogates became State officers in 1977, when the State took
over the expenses of all courts of the Unified Court System except
the town and village courts. L. 1976, c. 966. While Surrogates are
deemed "local officers" for purposes of filing of oaths of office
based upon the definitions in section 2 of the Public Officers Law,
they are "state officers" for purposes of filing of the undertaking
as it is the State that is fiscally responsible for the acts of
Surrogates and is the body "authorized to require the undertaking".
See Public Officers Law § 11(2). As to State officers, the State
Comptroller may waive the filing of any undertaking, blanket or
individual, as the State has become a self-insurer. Public Officers
Law, § 11(4). The Comptroller has waived the filing of undertakings
by Surrogates and County Judges and so Surrogates and County Judges
are now required to filed undertakings. The responsibility
for a Judge's individual obligation in the course of his or
her official duties to apply and pay over monies and effects as shall
come into his or her hands in the execution of his or her office has
been assumed by the state under the Public Officers Law.

This measure would have no fiscal impact on the State. It would take
effect immediately.

LEGISLATIVE HISTORY:
None. New proposal.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6659

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  repeal  subdivision  3 of section 184 of the judiciary law,
  relating to the requirement of an undertaking  by  a  surrogate  or  a
  county judge

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  184  of  the  judiciary  law  is
REPEALED.
  S 2. This act shall take effect immediately.








 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14031-01-2

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