senate Bill S6312

Authorizes the appointment of an additional acting village justice by villages

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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

  • 13 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 23 / Jan / 2014
    • 1ST REPORT CAL.49
  • 27 / Jan / 2014
    • 2ND REPORT CAL.
  • 28 / Jan / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

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

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Bill Details

Versions:
S6312
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Village Law
Laws Affected:
Amd ยง3-301, Vil L

Votes

7
0
7
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S6312

TITLE OF BILL: An act to amend the village law, in relation to
authorizing the appointment of an additional acting village justice by
villages

PURPOSE:

This bill would allow for in the event that a village has one justice,
it may provide for an additional acting village justice if the village
justice requests one, or if the justice or acting justice is absent or
unable to serve.

SUMMARY OF PROVISIONS:

Section one amends section 3-301 of the village law to allow a village
that has one justice, may by unanimous resolution of its board of
trustees, to authorize the appointment of a second acting village
justice to serve when requested by the village justice or in the
absence or inability of the village justice or acting village justice
to serve.

Section two is the effective date.

JUSTIFICATION:

Villages in New York are often lacking the appropriate number of
justices which has resulted in overburdening existing justices with
unworkable caseloads, delaying justice to residents who rely on the
courts to resolve their disputes. By authorizing villages to provide
for an additional acting village justice, it would ensure that village
courts have the capacity to fairly and efficiently adjudicate cases.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  6312

                            I N  S E N A T E

                            January 13, 2014
                               ___________

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:

  Section  1.  Paragraph  a  of  subdivision  2  of section 3-301 of the
village law, as amended by chapter 555 of the laws of 2006,  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 acting 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  UNANI-
MOUS  CONSENT OF THE VILLAGE BOARD OF TRUSTEES TO AUTHORIZE THE APPOINT-
MENT OF A SECOND ACTING VILLAGE JUSTICE TO SERVE WHEN REQUESTED  BY  THE
VILLAGE JUSTICE OR IN THE ABSENCE OR INABILITY OF THE VILLAGE JUSTICE OR
ACTING  VILLAGE  JUSTICE  TO  SERVE.  The  office  of village justice is
continued in every village in which it is now established. 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  referen-
dum,  may  abolish such office, but to take effect only upon the expira-
tion 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13468-01-4

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