Assembly Bill A10945

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

                                  10945

                          I N  A S S E M B L Y

                               May 4, 2010
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the uniform justice court  act,  in  relation  to  local
  justice  reform  commissions;  and  to  repeal  article 22 of such act
  relating to justice court procedure (Part A);  to  amend  the  uniform
  justice  court  act,  the  village law, the judiciary law and the town
  law, in relation to justice court administration (Part  B);  to  amend
  the  uniform  justice  court  act,  in  relation to qualifications and
  requirements for town and village justices (Part C); and to amend  the
  uniform  justice  court  act,  the  general  municipal  law, the state
  finance law, the vehicle and traffic law, the agriculture and  markets
  law,  the  environmental  conservation  law, the workers' compensation
  law, the parks, recreation and historic preservation law and the navi-
  gation law, in relation to town, village and justice  courts;  and  to
  repeal  certain  provisions  of  the uniform justice court act and the
  general municipal law relating to jury terms and jurors (Part D)

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "justice court efficiency and modernization act".
  S 2. This act enacts into law major components of legislation relating
to the "justice court efficiency and modernization act". Each  component
of  this  act  is  wholly  contained within a Part identified as Parts A
through D. The effective date for each  particular  provision  contained
within  such  Part  is  set  forth in the last section of such Part. Any
provision in any section contained within a Part, including  the  effec-
tive date of the Part, which makes reference to a section "of this act",
when  used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in  which  it
is  found.    Section  five of this act sets forth the general effective
date of this act.
  S 3. Declaration of legislative  findings.  The  legislature  declares
that  the  town  and  village justice courts are a backbone of the state
civil and criminal justice systems and  are  indispensable  to  ensuring

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

                                                           LBD16764-02-0

A. 10945                            2

proximate  access to justice across the state. The legislature therefore
reaffirms New York state's three-century  commitment  to  local  adjudi-
cations  and  a  vibrant  justice  court  system. The legislature finds,
however,  that  many town and village justice courts are not structured,
funded, equipped or secured to meet modern standards for  the  safe  and
cost-effective  administration  of  justice, and that necessary improve-
ments to the justice  court  system  cannot  timely  or  efficiently  be
achieved given the proliferation and independent administration of indi-
vidual  courts  in  each of over 1,250 towns and villages statewide. The
legislature further finds that this fragmentation increases the cost and
decreases the effectiveness of many instrumentalities of state and coun-
ty government interacting  with  these  courts,  including  prosecutors,
defenders,  county  probation  departments and law enforcement agencies,
the office of the state comptroller and numerous executive-branch  agen-
cies.  To  properly  balance  the public interest in proximate access to
justice against the pressing need for systemic reform, it is the  intent
of  the  legislature  to  strengthen  the justice court system, create a
process for the limited sharing of justice courts and better support the
vital roles that local governments help perform in their  operation  and
administration.

                                 PART A

  Section 1. Article 22 of the uniform justice court act is REPEALED and
a new article 22 is added to read as follows:
                                ARTICLE 22
                        SHARING OF JUSTICE COURTS
SECTION 2201. LOCAL JUSTICE REFORM COMMISSIONS.
        2202. COMBINATION PLANS.
        2203. COMMISSION PROCEDURE.
        2204. TRANSITION PROVISIONS.
        2205. CONSTRUCTION.
S 2201. LOCAL JUSTICE REFORM COMMISSIONS.
  (A)  THERE  IS HEREBY ESTABLISHED IN EACH COUNTY WITH POPULATIONS LESS
THAN ONE MILLION AND HAVING TOWN COURTS ON THE EFFECTIVE  DATE  OF  THIS
ARTICLE  A LOCAL JUSTICE REFORM COMMISSION TO IMPROVE THE EFFICIENCY AND
EFFECTIVENESS OF THE JUSTICE COURT SYSTEM IN SUCH COUNTY. IN  ACCORDANCE
WITH THE PROVISIONS OF THIS ARTICLE, EACH COMMISSION SHALL:
  1. EXAMINE AND EVALUATE THE FACILITIES, OPERATIONS AND COST-EFFECTIVE-
NESS OF PROPERLY MAINTAINING EACH AND ALL OF THE TOWN AND VILLAGE COURTS
IN SUCH COUNTY;
  2.  DETERMINE,  BASED  ON THE CRITERIA SPECIFIED IN SUBDIVISION (B) OF
SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE, WHICH LOCALITIES IN SUCH
COUNTY SHOULD SHARE THE SERVICES OF A SINGLE JUSTICE COURT; AND
  3. EXAMINE, EVALUATE AND  MAKE  RECOMMENDATIONS  WITH  REGARD  TO  THE
PROVISION  OF PROSECUTION, PUBLIC DEFENSE, PROBATION, PRISONER DETENTION
AND TRANSPORT,  AND  OTHER  COUNTY  AND  LOCAL  SERVICES  AFFECTING  THE
COST-EFFECTIVE  ADMINISTRATION  OF JUSTICE IN THE JUSTICE COURTS OF SUCH
COUNTY.
  (B) EACH COMMISSION SHALL CONSIST OF NINE VOTING MEMBERS AND THREE  EX
OFFICIO MEMBERS AS FOLLOWS:
  1. THE VOTING MEMBERS OF THE COMMISSION SHALL BE:
  (I) THE COUNTY EXECUTIVE, PROVIDED THAT IF THERE BE NO ELECTIVE COUNTY
EXECUTIVE,  THEN  THE  COUNTY MANAGER OR, IF THERE BE NO COUNTY MANAGER,
THEN THE CHIEF FISCAL OFFICER OF THE COUNTY OR OTHERWISE AS  THE  COUNTY
LEGISLATURE MAY PROVIDE;

A. 10945                            3

  (II) THE CHAIR OF THE COUNTY LEGISLATURE;
  (III)  THE MINORITY LEADER OF THE COUNTY LEGISLATURE, PROVIDED THAT IF
THERE BE NO MINORITY PARTY MEMBER OF  THE  COUNTY  LEGISLATURE,  THEN  A
SECOND MEMBER OF THE COUNTY LEGISLATURE DESIGNATED THEREBY;
  (IV) A TOWN JUSTICE IN THE COUNTY, DESIGNATED BY THE MAGISTRATES ASSO-
CIATION  FOR  SUCH COUNTY, PROVIDED THAT IF THERE BE NO SUCH MAGISTRATES
ASSOCIATION OR IT SHALL FAIL TO TIMELY MAKE SUCH  APPOINTMENT,  THEN  BY
THE NEW YORK STATE MAGISTRATES ASSOCIATION;
  (V)  A  VILLAGE  JUSTICE  IN THE COUNTY, DESIGNATED BY THE MAGISTRATES
ASSOCIATION FOR SUCH COUNTY, PROVIDED THAT IF THERE BE  NO  SUCH  MAGIS-
TRATES  ASSOCIATION  OR  IT  SHALL FAIL TO TIMELY MAKE SUCH APPOINTMENT,
THEN BY THE NEW YORK STATE MAGISTRATES ASSOCIATION, AND PROVIDED FURTHER
THAT IF THERE BE NO VILLAGE JUSTICE IN THE COUNTY, THEN  A  SECOND  TOWN
JUSTICE IN THE COUNTY DESIGNATED IN THE MANNER SPECIFIED BY SUBPARAGRAPH
(IV) OF THIS PARAGRAPH;
  (VI) A TOWN SUPERVISOR IN THE COUNTY, DESIGNATED BY THE COUNTY MUNICI-
PAL  ASSOCIATION,  PROVIDED THAT IF THERE BE NO COUNTY MUNICIPAL ASSOCI-
ATION OR IT SHALL FAIL TO TIMELY MAKE SUCH APPOINTMENT, THEN BY THE  NEW
YORK STATE ASSOCIATION OF TOWNS;
  (VII)  A  MAYOR  OF A VILLAGE FOR WHICH THERE IS ESTABLISHED A JUSTICE
COURT ON THE EFFECTIVE DATE OF THIS ARTICLE, DESIGNATED  BY  THE  COUNTY
MUNICIPAL  ASSOCIATION,  PROVIDED  THAT  IF THERE BE NO COUNTY MUNICIPAL
ASSOCIATION OR IT SHALL FAIL TO TIMELY MAKE SUCH  APPOINTMENT,  THEN  BY
THE  NEW YORK CONFERENCE OF MAYORS AND MUNICIPAL OFFICIALS, AND PROVIDED
FURTHER THAT IF THERE BE NO SUCH VILLAGE IN THE COUNTY,  THEN  A  SECOND
TOWN  SUPERVISOR  IN  THE  COUNTY  DESIGNATED IN THE MANNER SPECIFIED BY
SUBPARAGRAPH (VI) OF THIS PARAGRAPH; AND
  (VIII) TWO ATTORNEYS ADMITTED TO PRACTICE IN THIS  STATE  RESIDENT  OR
WITH  A  PRINCIPAL PLACE OF BUSINESS IN SUCH COUNTY, DESIGNATED BY A BAR
ASSOCIATION FOR SUCH COUNTY SELECTED BY THE ADMINISTRATIVE JUDGE OF  THE
JUDICIAL DISTRICT IN WHICH THE COUNTY IS LOCATED, PROVIDED THAT ONE SUCH
ATTORNEY SHALL BE AN ENROLLED MEMBER OF THE POLITICAL PARTY WHOSE CANDI-
DATE  FOR  GOVERNOR  IN THE IMMEDIATELY PRECEDING GUBERNATORIAL ELECTION
RECEIVED THE HIGHEST NUMBER OF VOTES IN THE STATE, AND ONE SUCH ATTORNEY
SHALL BE AN ENROLLED MEMBER OF THE POLITICAL PARTY WHOSE  CANDIDATE  FOR
GOVERNOR IN SUCH ELECTION RECEIVED THE SECOND HIGHEST NUMBER OF VOTES IN
THE STATE.
  2. THE THREE EX OFFICIO MEMBERS OF THE COMMISSION SHALL INCLUDE:
  (I)  THE  ADMINISTRATIVE  JUDGE  OF THE JUDICIAL DISTRICT IN WHICH THE
COUNTY IS LOCATED, WHO SHALL COORDINATE EACH COMMISSION ESTABLISHED  FOR
A  COUNTY  WITHIN  SUCH  JUDICIAL  DISTRICT  AND  PROMOTE THE TIMELY AND
CONSISTENT APPLICATION OF THIS ARTICLE AMONG SUCH COMMISSIONS;
  (II) THE DISTRICT ATTORNEY OF THE COUNTY; AND
  (III) THE PUBLIC DEFENDER OF THE COUNTY, PROVIDED THAT IF THERE BE  NO
PUBLIC DEFENDER IN THE COUNTY, THEN ANOTHER PERSON DESIGNATED BY THE NEW
YORK STATE DEFENDERS ASSOCIATION PRIMARILY RESPONSIBLE FOR THE PROVISION
OR  COORDINATION  OF  INDIGENT  CRIMINAL DEFENSE SERVICES IN SUCH COUNTY
PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
  (C) APPOINTMENTS SHALL BE MADE NOT LATER THAN THIRTY  DAYS  AFTER  THE
EFFECTIVE  DATE  OF  THIS ARTICLE. VACANCIES SHALL BE FILLED IN THE SAME
MANNER AS AN ORIGINAL APPOINTMENT.
  (D) EACH COMMISSION SHALL HAVE THE POWERS OF A  LEGISLATIVE  COMMITTEE
PURSUANT TO THE LEGISLATIVE LAW.
  (E)  FOR EACH COMMISSION, A MAJORITY OF ALL THE VOTING MEMBERS THEREOF
SHALL CONSTITUTE A QUORUM AND SHALL BE NECESSARY TO A DECISION.

A. 10945                            4

  (F)  COMMISSION  MEMBERS  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
SERVICES  BUT SHALL BE ALLOWED ACTUAL AND NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR DUTIES HEREUNDER. SUCH EXPENSES SHALL BE CHARG-
ES AGAINST THE COUNTY SUBJECT TO REIMBURSEMENT BY THE  OFFICE  OF  COURT
ADMINISTRATION  PURSUANT TO SUCH RULES AS THE CHIEF ADMINISTRATOR OF THE
COURTS MAY PROVIDE.
  (G) NO COMMISSION MEMBER SHALL BE DISQUALIFIED FROM HOLDING ANY  OTHER
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR  EMPLOYMENT,  BY  REASON  OF  HIS OR HER APPOINTMENT PURSUANT TO THIS
SECTION, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW, REGULATION, RULE, ORDINANCE OR CHARTER.
  (H) TO THE MAXIMUM EXTENT FEASIBLE, EACH COMMISSION  MAY  REQUEST  AND
RECEIVE  AND  SHALL  UTILIZE  AND  BE  PROVIDED  WITH  SUCH  FACILITIES,
RESOURCES AND DATA OF ANY COURT, DEPARTMENT,  DIVISION,  BOARD,  BUREAU,
COMMISSION,  AGENCY  OR AUTHORITY OF THE STATE OR ANY POLITICAL SUBDIVI-
SION THEREOF AS SUCH COMMISSION REASONABLY MAY REQUEST TO PROPERLY CARRY
OUT ITS POWERS AND DUTIES PURSUANT TO THIS ARTICLE;  PROVIDED,  HOWEVER,
THAT  NOTHING  HEREIN SHALL AUTHORIZE A COMMISSION TO REQUEST OR A COURT
TO RELEASE SEALED RECORDS OR OTHER DATA RENDERED CONFIDENTIAL BY LAW.
  (I) UPON COMPLETION OF ITS DUTIES HEREUNDER, EACH COMMISSION SHALL  BE
DEEMED DISSOLVED.
S 2202. COMBINATION PLANS.
  (A) DRAFT AND FINAL PLANS; CONSULTATION. IN ACCORDANCE WITH THIS ARTI-
CLE,  EACH  COMMISSION  SHALL  ISSUE  A DRAFT COMBINATION PLAN AND FINAL
COMBINATION PLAN TO EFFECTUATE THE LIMITED SHARING OF JUSTICE COURTS  IN
THE  COUNTY.  IN  THE  DEVELOPMENT  OF  SUCH PLANS, THE COMMISSION SHALL
CONSULT WITH THE TOWN AND VILLAGE JUSTICES, NON-JUDICIAL  STAFF  OF  THE
JUSTICE  COURTS,  TOWN  AND  VILLAGE  BOARDS,  LAW ENFORCEMENT AGENCIES,
PROSECUTORS, PUBLIC DEFENSE PROVIDERS AND OTHER PERSONS RELEVANT TO  THE
ADMINISTRATION OF JUSTICE IN THE JUSTICE COURTS OF SUCH COUNTY.
  (B)  REVIEW  FACTORS.  FOR  EACH AND ALL OF THE JUSTICE COURTS IN SUCH
COUNTY, THE COMMISSION SHALL CONSIDER CASELOADS AND DOCKET TRENDS, COURT
FACILITIES  AND  SECURITY,  CASE-GENERATING  FEATURES,  AVAILABILITY  OF
DETENTION  FACILITIES, DISTRIBUTION OF PROSECUTION AND DEFENSE SERVICES,
DISTRIBUTION OF LAW ENFORCEMENT PERSONNEL, AND SUCH OTHER CRITERIA RELE-
VANT TO THE COST-EFFECTIVE OPERATION OF THE JUSTICE COURTS AND  ADMINIS-
TRATION OF JUSTICE IN SUCH COUNTY AS THE COMMISSION MAY DETERMINE.
  (C)  STANDARDS  FOR  COMBINATION  PLANS.  EACH  COMBINATION PLAN SHALL
PROVIDE FOR THE LIMITED SHARING OF JUSTICE COURTS IN THE  COUNTY.  UNDER
EACH COMBINATION PLAN:
  1.  EACH  MUNICIPALITY FOR WHICH A JUSTICE COURT IS ESTABLISHED ON THE
EFFECTIVE DATE OF THIS ARTICLE SHALL CONTINUE TO BE SERVED BY A  JUSTICE
COURT  IN SUCH COUNTY, WHETHER PRESIDING SOLELY FOR SUCH MUNICIPALITY OR
PRESIDING FOR MULTIPLE MUNICIPALITIES;
  2. WHERE SUCH PLAN PROVIDES THAT A JUSTICE COURT LOCATED IN ONE  MUNI-
CIPALITY  WILL  PRESIDE  FOR ONE OR MORE OTHER MUNICIPALITIES, EACH SUCH
OTHER MUNICIPALITY SHALL BE PROXIMATE TO THE MUNICIPALITY IN WHICH  SUCH
JUSTICE  COURT IS TO BE LOCATED, AND ALL OF THE MUNICIPALITIES FOR WHICH
SUCH COURT WILL PRESIDE SHALL FORM A CONTIGUOUS GEOGRAPHIC UNIT; AND
  3. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (E)  OF  THIS  SECTION,
THE  TOTAL NUMBER OF JUSTICE COURTS IN SUCH COUNTY SHALL FALL WITHIN THE
FOLLOWING RANGES OF PERCENTAGES OF THE NUMBER OF JUSTICE  COURTS  ESTAB-
LISHED IN SUCH COUNTY ON THE EFFECTIVE DATE OF THIS ARTICLE:
  (I)  IN  EACH  COUNTY  WITH  POPULATION GREATER THAN TWO HUNDRED FIFTY
THOUSAND AND LESS THAN ONE MILLION, AND  IN  EACH  OF  THE  COUNTIES  OF

A. 10945                            5

PUTNAM  AND  SCHENECTADY,  NO  MORE THAN NINETY PERCENT AND NO LESS THAN
SEVENTY PERCENT OF SUCH NUMBER;
  (II)  IN  EACH  COUNTY NOT OTHERWISE SPECIFIED WITH POPULATION GREATER
THAN ONE HUNDRED FIFTY THOUSAND AND EQUAL TO OR LESS  THAN  TWO  HUNDRED
FIFTY  THOUSAND,  NO  MORE  THAN  EIGHTY  PERCENT AND NO LESS THAN SIXTY
PERCENT OF SUCH NUMBER; AND
  (III) IN EACH COUNTY NOT OTHERWISE SPECIFIED WITH POPULATION EQUAL  TO
OR  LESS  THAN  ONE HUNDRED FIFTY THOUSAND, NO MORE THAN SEVENTY PERCENT
AND NO LESS THAN FIFTY PERCENT OF SUCH NUMBER.
  THE CHIEF ADMINISTRATOR SHALL PROMULGATE A SCHEDULE SETTING FORTH  THE
MINIMUM AND MAXIMUM NUMBER OF JUSTICE COURTS SPECIFIED IN THIS PARAGRAPH
FOR  EACH  COUNTY ACCORDING TO THE POPULATION THEREOF AS MEASURED IN THE
MOST RECENT FEDERAL DECENNIAL CENSUS OR ENUMERATION.    IN  PROMULGATING
SUCH  SCHEDULE,  THE CHIEF ADMINISTRATOR SHALL ROUND DOWN TO THE NEAREST
WHOLE NUMBER OF COURTS ANY FRACTIONAL NUMBER OF COURTS ARISING FROM  THE
FOREGOING FORMULA.
  (D)  ADDITIONAL  CONTENT  OF  COMBINATION PLANS. EACH COMBINATION PLAN
ALSO SHALL SPECIFY:
  1. THE COURT FACILITY IN WHICH EACH SHARED JUSTICE COURT WILL CONVENE;
  2. THE MANNER  IN  WHICH  JUSTICES  WILL  SHARE  RESPONSIBILITIES  FOR
ARRAIGNMENTS,  WARRANT  APPLICATIONS,  EMERGENCY  PROCEEDINGS  AND OTHER
OFF-HOUR RESPONSIBILITIES;
  3. THE MANNER IN WHICH JUSTICE COURTS AND LOCAL LAW ENFORCEMENT  AGEN-
CIES  WILL PROVIDE FOR THE PRE-ARRAIGNMENT DETENTION OF CRIMINAL DEFEND-
ANTS; AND
  4. SUCH OTHER MATTERS AS THE CHIEF ADMINISTRATOR MAY BY RULE DIRECT TO
ENSURE THAT THE IMPLEMENTATION OF COMBINATION  PLANS  WILL  PROMOTE  THE
ADMINISTRATION OF JUSTICE.
  (E)  EXEMPTION  DETERMINATIONS. NOTWITHSTANDING ANY CONTRARY PROVISION
OF THIS SECTION, AS PART OF OR IN LIEU OF A COMBINATION PLAN, A  COMMIS-
SION MAY DETERMINE THAT THERE SHOULD BE LESSER SHARING OF JUSTICE COURTS
THAN SPECIFIED FOR SUCH COUNTY IN SUBDIVISION (C) OF THIS SECTION, OR NO
SUCH SHARING, IF THE COMMISSION FINDS THAT SUCH DETERMINATION WOULD NOT:
  (I)  DELAY  OR  DIMINISH  THE  COST-EFFECTIVENESS OF ENSURING THAT THE
FACILITIES, SECURITY AND OPERATION OF ALL JUSTICE COURTS IN SUCH  COUNTY
ARE  SAFE, SUITABLE AND SUFFICIENT FOR THE TRANSACTION OF COURT BUSINESS
THEREIN;
  (II) DELAY OR DIMINISH THE COST-EFFECTIVENESS  OF  ENSURING  THAT  THE
AVAILABILITY  OF  RESOURCES  FOR  PROSECUTION,  PUBLIC DEFENSE, DETAINEE
TRANSPORT AND OTHER SERVICES IN AND FOR ALL JUSTICE COURTS IN SUCH COUN-
TY ARE SUFFICIENT TO PROMOTE THE ADMINISTRATION OF JUSTICE IN SUCH COUN-
TY; OR
  (III) CAUSE OR CONTINUE  UNNECESSARY  OR  INEFFICIENT  DUPLICATION  OF
SERVICES.
S 2203. COMMISSION PROCEDURE.
  (A)  DRAFT COMBINATION PLANS. NOT LATER THAN ONE YEAR AFTER THE EFFEC-
TIVE DATE OF THIS ARTICLE, EACH COMMISSION SHALL  SUBMIT  TO  THE  CHIEF
ADMINISTRATOR  OF  THE  COURTS,  COUNTY  EXECUTIVE OR COUNTY MANAGER AND
COUNTY LEGISLATURE A DRAFT COMBINATION PLAN COMPLYING WITH SECTION TWEN-
TY-TWO HUNDRED TWO OF THIS ARTICLE. SUCH SUBMISSION  SHALL  INCLUDE  THE
LOCATION  AND TIME OF EACH PUBLIC HEARING TO BE HELD THEREON PURSUANT TO
SUBDIVISION (B) OF THIS SECTION. IN ADVANCE OF SUCH HEARING OR HEARINGS,
THE COMMISSION SHALL PUBLICIZE SUCH DRAFT PLAN TO POTENTIALLY INTERESTED
MEMBERS OF THE PUBLIC TO THE EXTENT REASONABLY PRACTICABLE.
  (B) PUBLIC HEARINGS. NOT SOONER THAN THIRTY DAYS AND  NOT  LATER  THAN
SIXTY  DAYS  AFTER  THE  SUBMISSION  OF SUCH DRAFT COMBINATION PLAN, THE

A. 10945                            6

COMMISSION SHALL HOLD ONE OR MORE PUBLIC HEARINGS WITHIN THE COUNTY  AND
ENSURE  THAT INTERESTED MEMBERS OF THE PUBLIC HAVE A REASONABLE OPPORTU-
NITY TO BE HEARD THEREON.
  (C)  FINAL  PLANS.  NOT  LATER  THAN SIXTY DAYS AFTER THE LAST OF SUCH
PUBLIC HEARINGS, THE COMMISSION SHALL SUBMIT TO THE CHIEF ADMINISTRATOR,
COUNTY EXECUTIVE OR MANAGER AND COUNTY LEGISLATURE A  FINAL  COMBINATION
PLAN COMPLYING WITH SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE.
  (D)  TECHNICAL  REVIEW.  NOT LATER THAN SIXTY DAYS AFTER SUBMISSION OF
SUCH FINAL COMBINATION PLAN, THE CHIEF ADMINISTRATOR SHALL  TRANSMIT  TO
THE  COMMISSION,  COUNTY  EXECUTIVE  OR MANAGER AND COUNTY LEGISLATURE A
CERTIFICATE DETERMINING EITHER THAT  SUCH  PLAN  COMPLIES  WITH  SECTION
TWENTY-TWO  HUNDRED  TWO  OF  THIS  ARTICLE,  OR THAT SUCH PLAN FAILS TO
COMPLY AND SETTING FORTH THE TECHNICAL DEFECTS  THEREOF.  IF  THE  CHIEF
ADMINISTRATOR SHALL TRANSMIT A NONCOMPLIANCE CERTIFICATE, THEN NOT LATER
THAN  THIRTY DAYS THEREAFTER, THE COMMISSION SHALL AMEND SUCH NONCOMPLY-
ING PLAN TO CORRECT SUCH DEFECTS AND OTHERWISE COMPLY WITH SUCH  SECTION
AND SHALL SUBMIT SUCH AMENDED PLAN TO THE CHIEF ADMINISTRATOR. NOT LATER
THAN  THIRTY  DAY  THEREAFTER, THE CHIEF ADMINISTRATOR SHALL TRANSMIT TO
THE COMMISSION, COUNTY EXECUTIVE OR MANAGER  AND  COUNTY  LEGISLATURE  A
CERTIFICATE DETERMINING EITHER THAT SUCH AMENDED PLAN COMPLIES WITH SUCH
SECTION,  OR  THAT  SUCH  AMENDED PLAN AGAIN FAILS TO COMPLY AND SETTING
FORTH  THE  DEFECTS  THEREOF,  IN  WHICH  LATTER  INSTANCE  THE  DEFAULT
PROVISIONS OF SUBDIVISION (F) OF THIS SECTION SHALL GOVERN.
  (E) ENACTMENT AND SUBSTITUTION OF COMBINATION PLANS. FOR A COMBINATION
PLAN  FOR WHICH THE CHIEF ADMINISTRATOR TRANSMITS TO THE COUNTY LEGISLA-
TURE A COMPLIANCE  CERTIFICATE  PURSUANT  TO  SUBDIVISION  (D)  OF  THIS
SECTION:
  1.  IF THE COMMISSION HAS NOT MADE AN EXEMPTION DETERMINATION PURSUANT
TO SUBDIVISION (E) OF SECTION TWENTY-TWO HUNDRED TWO  OF  THIS  ARTICLE,
THEN  SUCH  COMBINATION PLAN AUTOMATICALLY SHALL HAVE FORCE OF LAW SIXTY
DAYS  AFTER  SUCH  TRANSMITTAL  UNLESS  SUCH  COUNTY   LEGISLATURE,   BY
TWO-THIRDS  VOTE OF ALL THE MEMBERS THEREOF, SOONER SHALL ENACT BY LOCAL
LAW A SUBSTITUTE COMBINATION PLAN COMPLYING WITH THE PROVISIONS OF  SUCH
SECTION;  PROVIDED  THAT  NO COUNTY LEGISLATURE SHALL ENACT SUCH A LOCAL
LAW UNLESS THE CHIEF ADMINISTRATOR FIRST SHALL CERTIFY THAT SUCH SUBSTI-
TUTE PLAN, IF ENACTED, WOULD COMPLY WITH THE PROVISIONS OF SUCH SECTION.
  2. IF THE COMMISSION HAS MADE AN EXEMPTION DETERMINATION  PURSUANT  TO
SUBDIVISION  (E) OF SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE, THEN
SUCH COMBINATION PLAN, OR THE DETERMINATION  THAT  THERE  SHOULD  BE  NO
SHARING  OF JUSTICE COURTS IN SUCH COUNTY HEREUNDER, SHALL HAVE FORCE OF
LAW SIXTY DAYS AFTER SUCH TRANSMITTAL ONLY IF THE COUNTY LEGISLATURE, BY
TWO-THIRDS VOTE OF ALL THE MEMBERS THEREOF, SOONER SHALL RATIFY THE SAME
BY LOCAL LAW. IN THE ALTERNATIVE, SUCH  COUNTY  LEGISLATURE  MAY  SOONER
ENACT  BY  LOCAL  LAW  A  SUBSTITUTE COMBINATION PLAN COMPLYING WITH THE
PROVISIONS OF SUCH SECTION; PROVIDED THAT NO  COUNTY  LEGISLATURE  SHALL
ENACT SUCH A LOCAL LAW UNLESS THE CHIEF ADMINISTRATOR FIRST SHALL CERTI-
FY  THAT  SUCH  SUBSTITUTE  PLAN,  IF  ENACTED,  WOULD  COMPLY  WITH THE
PROVISIONS OF SUCH SECTION. IF  THE  COUNTY  LEGISLATURE  SHALL  NEITHER
RATIFY  SUCH  EXEMPTION DETERMINATION NOR ENACT A SUBSTITUTE COMBINATION
PLAN PURSUANT TO THIS PARAGRAPH, THEN THE DEFAULT PROVISIONS OF SUBDIVI-
SION (F) OF THIS SECTION SHALL GOVERN.
  (F) DEFAULT PROCEDURE. IF A COMMISSION SHALL FAIL TO  SUBMIT  A  FINAL
COMBINATION  PLAN  OR AMEND A NONCOMPLYING PLAN CERTIFIED TO COMPLY WITH
SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE  BY  THE  DATE  SPECIFIED
THEREFOR  IN  SUBDIVISION (D) OF THIS SECTION, OR IF THE COUNTY LEGISLA-
TURE SHALL FAIL TO RATIFY A COMBINATION PLAN OR ENACT A SUBSTITUTE  PLAN

A. 10945                            7

BY  THE  DATE  SPECIFIED THEREFOR IN PARAGRAPH TWO OF SUBDIVISION (E) OF
THIS SECTION, THEN NOT LATER THAN THIRTY DAYS AFTER SUCH DATE, THE CHIEF
ADMINISTRATOR SHALL PROMULGATE A FINAL COMBINATION PLAN FOR THE  JUSTICE
COURTS  OF SUCH COUNTY CONSISTENT WITH SECTION TWENTY-TWO HUNDRED TWO OF
THIS ARTICLE AND SHALL TRANSMIT THE SAME  TO  THE  COUNTY  EXECUTIVE  OR
MANAGER  AND  COUNTY  LEGISLATURE.  SUCH FINAL COMBINATION PLAN AUTOMAT-
ICALLY SHALL HAVE FORCE OF LAW SIXTY DAYS THEREAFTER UNLESS SUCH  COUNTY
LEGISLATURE, BY TWO-THIRDS VOTE OF ALL THE MEMBERS THEREOF, SOONER SHALL
ENACT  BY  LOCAL  LAW  A  SUBSTITUTE COMBINATION PLAN COMPLYING WITH THE
PROVISIONS OF SUCH SECTION; PROVIDED THAT NO  COUNTY  LEGISLATURE  SHALL
ENACT  SUCH  A LOCAL LAW UNLESS THE CHIEF ADMINISTER FIRST SHALL CERTIFY
THAT SUCH SUBSTITUTE PLAN, IF ENACTED, WOULD COMPLY WITH THE  PROVISIONS
OF SUCH SECTION.
  (G)  EFFECTIVE DATE OF COMBINATION PLANS. THE COMBINATION PLAN FOR THE
JUSTICE COURTS IN EACH COUNTY SHALL TAKE EFFECT  ON  THE  FIRST  DAY  OF
JANUARY  IN  THE SECOND YEAR NEXT SUCCEEDING THE DATE ON WHICH SUCH PLAN
SHALL HAVE FORCE OF LAW PURSUANT TO  SUBDIVISION  (E)  OR  (F)  OF  THIS
SECTION.
S 2204. TRANSITION PROVISIONS.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON AND AFTER THE EFFECTIVE
DATE  OF A COMBINATION PLAN PURSUANT TO SUBDIVISION (G) OF SECTION TWEN-
TY-TWO HUNDRED THREE OF THIS ARTICLE:
  (A) EACH JUSTICE COURT DESIGNATED IN SUCH PLAN TO ASSUME THE JURISDIC-
TION OF ONE OR MORE TOWN OR VILLAGE  COURTS  SHALL,  ON  SUCH  DATE,  BE
DEEMED TO HAVE THE JURISDICTION OF EACH OF SUCH OTHER COURTS.
  (B)  EACH  OFFICE  OF  TOWN JUSTICE AND VILLAGE JUSTICE SHALL, ON SUCH
DATE, ALSO BECOME AN OFFICE OF JUSTICE OF THE JUSTICE  COURT  DESIGNATED
IN  SUCH  PLAN  TO  PRESIDE FOR SUCH TOWN OR VILLAGE, CONTINUING IN SUCH
TERM OF OFFICE AS THERETOFORE PROVIDED BY LAW, AND SHALL HAVE  JURISDIC-
TION FOR EACH MUNICIPALITY FOR WHICH SUCH JUSTICE COURT EXERCISES JURIS-
DICTION  TO  THE SAME EXTENT AND EFFECT AS IF SUCH JUSTICE WERE SELECTED
IN AND FOR EACH SUCH MUNICIPALITY.
  (C) EACH ACTION AND PROCEEDING PENDING IN  A  TOWN  OR  VILLAGE  COURT
WHOSE  JURISDICTION  ANOTHER JUSTICE COURT ASSUMES PURSUANT TO SUCH PLAN
SHALL, ON SUCH DATE, BE DEEMED PENDING IN SUCH OTHER JUSTICE COURT,  AND
THE  RULES  OF PROCEDURE GOVERNING EACH SUCH ACTION OR PROCEEDING BEFORE
SUCH DATE SHALL CONTINUE TO APPLY ON AND AFTER SUCH DATE.
  (D) THE NON-JUDICIAL PERSONNEL OF EACH TOWN  OR  VILLAGE  COURT  WHOSE
JURISDICTION  ANOTHER JUSTICE COURT ASSUMES PURSUANT TO SUCH PLAN SHALL,
ON SUCH DATE, BE DEEMED TO BE THE NON-JUDICIAL PERSONNEL OF  SUCH  OTHER
JUSTICE  COURT;  PROVIDED  THAT IF SUCH PERSONNEL PERFORM FUNCTIONS BOTH
FOR A JUSTICE COURT AND FOR ONE OR MORE OTHER MUNICIPAL OFFICES  ON  THE
DAY  IMMEDIATELY  PRECEDING SUCH DATE AND THEREAFTER CONTINUE TO PERFORM
FUNCTIONS BOTH FOR A JUSTICE COURT AND FOR ONE OR MORE  OTHER  MUNICIPAL
OFFICES, THEN SUCH PERSONNEL SHALL BE DEEMED TO BE THE PERSONNEL OF SUCH
OTHER JUSTICE COURT ONLY FOR SUCH PORTION OF THEIR EMPLOYMENT AS RELATES
TO JUDICIAL BUSINESS.
  (E)  THE PAPERS AND EFFECTS OF EACH TOWN OR VILLAGE COURT WHOSE JURIS-
DICTION ANOTHER JUSTICE COURT ASSUMES PURSUANT TO SUCH  PLAN  SHALL,  ON
SUCH  DATE, BE DEEMED TO BE THE PAPERS AND EFFECTS OF SUCH OTHER JUSTICE
COURT AND PROMPTLY SHALL BE TRANSFERRED TO THE POSSESSION OF SUCH  OTHER
JUSTICE COURT OR OTHERWISE AS MAY BE PROVIDED BY THE CHIEF ADMINISTRATOR
OF THE COURTS, AND THE SEAL OF SUCH OTHER JUSTICE COURT SHALL BE AMENDED
ACCORDINGLY.
S 2205. CONSTRUCTION.

A. 10945                            8

  NOTHING  IN  THIS  ARTICLE  AND NO COMBINATION PLAN HEREUNDER SHALL BE
CONSTRUED TO:
  (A)  DISCONTINUE A TOWN COURT WITHIN THE MEANING OF SUBDIVISION (B) OF
SECTION SEVENTEEN OF ARTICLE SIX OF THE NEW YORK STATE CONSTITUTION;
  (B) ESTABLISH A DISTRICT COURT WITHIN THE MEANING OF  SECTION  SIXTEEN
OF ARTICLE SIX OF THE NEW YORK STATE CONSTITUTION;
  (C) ESTABLISH OR ABOLISH ANY JUDICIAL OFFICE, ALTER THE TERM OF OFFICE
OF ANY JUSTICE OR ALTER THE MANNER OF SELECTION FOR ANY JUDICIAL OFFICE;
OR
  (D) IMPAIR THE RIGHTS OF ANY NON-JUDICIAL EMPLOYEE SERVING ANY TOWN OR
VILLAGE COURT ON ACCOUNT OF ANOTHER JUSTICE COURT ASSUMING THE JURISDIC-
TION THEREOF.
  S  2.  This act shall take effect on thirtieth day after it shall have
become a law; provided, however, that the  chief  administrator  of  the
courts  is authorized to immediately promulgate rules and regulations to
effectuate the provisions of this act.

                                 PART B

  Section 1. The uniform justice court act is amended by  adding  a  new
article 22-A to read as follows:
                              ARTICLE 22-A
                      JUSTICE COURT ADMINISTRATION
SECTION 2206. FUNDING AND COST APPORTIONMENT.
        2207. BUDGETING SYSTEM.
        2208. FINANCIAL MANAGEMENT.
        2209. ADJUSTMENTS TO JUDICIAL OFFICES.
        2210. NON-JUDICIAL STAFF.
S 2206. FUNDING AND COST APPORTIONMENT.
  IN  ACCORDANCE  WITH  THIS  ARTICLE  AND  SUBJECT  TO STATE SUPPORT OR
REIMBURSEMENT PURSUANT TO LAW, THE GOVERNING BOARD OF EACH  MUNICIPALITY
FOR  WHICH A JUSTICE COURT IS ESTABLISHED SHALL ENACT AND FUND AN ANNUAL
BUDGET FOR SUCH COURT AND APPROPRIATE TO OR EXPEND  ON  BEHALF  OF  SUCH
COURT  SUCH  MONEYS AS REASONABLY SUFFICIENT FOR THE COURT TO ADEQUATELY
PERFORM ITS DUTIES AND ENSURE THE ADMINISTRATION OF JUSTICE  UNDER  LAW.
THE  COSTS  OF  OPERATING  A  JUSTICE  COURT FOR MULTIPLE MUNICIPALITIES
PURSUANT TO SECTION ONE HUNDRED SIX-A  OR  ARTICLE  TWENTY-TWO  OF  THIS
CHAPTER,  EXCEPT  AS  THE  GOVERNING BOARD OF EACH SUCH MUNICIPALITY MAY
PROVIDE BY JOINT RESOLUTION, SHALL BE CHARGES AGAINST EACH SUCH  MUNICI-
PALITY  IN  PROPORTION  TO  THE RESPECTIVE POPULATIONS THEREOF AS OF THE
MOST RECENT FEDERAL DECENNIAL CENSUS OR ENUMERATION,  WHICH  PROPORTIONS
THE STATE COMPTROLLER SHALL CALCULATE AND AS NEEDED REVISE. THIS ARTICLE
SHALL NOT BE CONSTRUED TO IMPOSE ANY OBLIGATION ON OR OTHERWISE APPLY TO
ANY TOWN OR VILLAGE FOR WHICH A JUSTICE COURT WAS NOT ESTABLISHED ON THE
EFFECTIVE DATE OF THIS ARTICLE.
S 2207. BUDGETING SYSTEM.
  (A)  THE  BUDGETING  SYSTEM OF EVERY TOWN PURSUANT TO ARTICLE EIGHT OF
THE TOWN LAW AND EVERY VILLAGE PURSUANT TO ARTICLE FIVE OF  THE  VILLAGE
LAW  SHALL  INCLUDE THE BUDGET FOR THE JUSTICE COURT HAVING JURISDICTION
FOR SUCH TOWN OR VILLAGE.
  (B) THE FISCAL YEAR FOR EACH JUSTICE COURT SHALL BE  THE  FISCAL  YEAR
SPECIFIED  IN ARTICLE EIGHT OF THE TOWN LAW, EXCEPT THAT THE FISCAL YEAR
FOR A COURT HAVING JURISDICTION FOR ONE OR MORE VILLAGES ONLY  SHALL  BE
THE FISCAL YEAR SPECIFIED IN ARTICLE FIVE OF THE VILLAGE LAW.
  (C)  EACH JUSTICE COURT, BY THE JUSTICES THEREOF OR THE COURT CLERK ON
BEHALF OF SUCH JUSTICES, SHALL PREPARE ITS PRELIMINARY  BUDGET  FOR  THE

A. 10945                            9

NEXT  FISCAL  YEAR  IN  CONSULTATION  WITH THE SUPERVISOR OF THE TOWN OR
MAYOR OF THE VILLAGE FOR WHICH SUCH COURT PRESIDES, OR IN THE CASE OF  A
JUSTICE  COURT  FOR  MULTIPLE  MUNICIPALITIES  PURSUANT  TO  SECTION ONE
HUNDRED  SIX-A  OR  ARTICLE  TWENTY-TWO OF THIS CHAPTER, IN CONSULTATION
WITH THE SUPERVISOR OR MAYOR OF EACH SUCH MUNICIPALITY. IN THE  PREPARA-
TION  OF SUCH PRELIMINARY BUDGET, THE JUSTICE COURT SHALL BE ENTITLED TO
RECEIVE SUCH TIMELY ASSISTANCE FROM APPROPRIATE  MUNICIPAL  OFFICERS  AS
THE  COURT  REASONABLY MAY REQUEST. EACH JUSTICE COURT SHALL SUBMIT SUCH
PRELIMINARY BUDGET TO THE GOVERNING BOARD OF THE  TOWN  OR  VILLAGE  FOR
WHICH  SUCH COURT PRESIDES, OR IN THE CASE OF A JUSTICE COURT FOR MULTI-
PLE MUNICIPALITIES PURSUANT TO SECTION  ONE  HUNDRED  SIX-A  OR  ARTICLE
TWENTY-TWO  OF THIS CHAPTER, TO THE GOVERNING BOARD OF EACH SUCH MUNICI-
PALITY, BY THE DATE SPECIFIED IN SECTION ONE HUNDRED FOUR  OF  THE  TOWN
LAW  OR BY THE DATE SPECIFIED IN SUBDIVISION TWO OF SECTION 5-502 OF THE
VILLAGE LAW FOR A COURT HAVING JURISDICTION FOR  ONE  OR  MORE  VILLAGES
ONLY.  SUCH  PRELIMINARY  BUDGET  SHALL BE REASONABLY SUFFICIENT FOR THE
COURT ADEQUATELY TO PERFORM ITS DUTIES AND ENSURE THE ADMINISTRATION  OF
JUSTICE UNDER LAW.
  (D)  THE  GOVERNING BOARD OF EACH TOWN OR VILLAGE SHALL ENACT BY LOCAL
LAW A BUDGET FOR SUCH JUSTICE COURT FOR THE NEXT SUCCEEDING FISCAL  YEAR
THEREOF  BY  THE  DATE  ON  WHICH THE BUDGET FOR SUCH TOWN OR VILLAGE IS
REQUIRED TO BE ENACTED. FOR A JUSTICE COURT FOR MULTIPLE  MUNICIPALITIES
PURSUANT  TO  SECTION  ONE  HUNDRED  SIX-A OR ARTICLE TWENTY-TWO OF THIS
CHAPTER, THE GOVERNING BOARD OF EACH SUCH MUNICIPALITY  SHALL  ENACT  BY
JOINT  RESOLUTION A BUDGET FOR SUCH COURT FOR THE NEXT SUCCEEDING FISCAL
YEAR THEREOF BY THE DATE SPECIFIED IN SECTION ONE HUNDRED  NINE  OF  THE
TOWN  LAW  FOR  THE COUNTY IN WHICH THE COURT IS LOCATED, OR BY THE DATE
SPECIFIED IN SUBDIVISION FOUR OF SECTION 5-508 OF THE VILLAGE LAW FOR  A
COURT  HAVING  JURISDICTION  FOR  ONE OR MORE VILLAGES ONLY. SUCH BUDGET
SHALL BE REASONABLY SUFFICIENT FOR THE COURT ADEQUATELY TO  PERFORM  ITS
DUTIES AND ENSURE THE ADMINISTRATION OF JUSTICE UNDER LAW.
  (E)  IF  THE  GOVERNING  BOARD OR BOARDS SHALL FAIL TO ENACT A JUSTICE
COURT BUDGET IN THE MANNER AND BY THE DATE SPECIFIED IN SUBDIVISION  (D)
OF THIS SECTION, THEN ON SUCH DATE THE PRELIMINARY BUDGET FOR SUCH COURT
FOR  THE  NEXT  SUCCEEDING  FISCAL YEAR THEREOF, WITH SUCH AMENDMENTS AS
THERETOFORE SHALL HAVE BEEN MADE BY THE GOVERNING BOARD BY LOCAL LAW  OR
BY  THE GOVERNING BOARDS BY JOINT RESOLUTION, SHALL BE DEEMED TO CONSTI-
TUTE THE BUDGET FOR SUCH COURT FOR SUCH FISCAL YEAR TO THE  SAME  EXTENT
AND  EFFECT  AS IF SUCH PRELIMINARY BUDGET WERE DULY ENACTED, AND THERE-
AFTER SUCH BUDGET MAY BE AMENDED BY LOCAL LAW FOR A JUSTICE COURT FOR  A
SINGLE  MUNICIPALITY  OR  BY  JOINT  RESOLUTION  FOR A JUSTICE COURT FOR
MULTIPLE MUNICIPALITIES.
  (F) EACH TOWN AND VILLAGE AS PART OF  ITS  BUDGET,  AND  EACH  VILLAGE
SHARING A JUSTICE COURT WITH ONE OR MORE TOWNS PURSUANT TO ARTICLE TWEN-
TY-TWO  OF  THIS  CHAPTER AS PART OF A SUPPLEMENTAL BUDGET OR OTHERWISE,
SHALL ON OR BEFORE THE DATE SPECIFIED IN SUBDIVISION (D) OF THIS SECTION
APPROPRIATE TO OR ON BEHALF OF SUCH COURT SUCH APPORTIONMENT OF FUNDS AS
REQUIRED BY SUBDIVISION (A) OF THIS SECTION FOR THE SUPPORT OF THE COURT
BUDGET FOR THE NEXT SUCCEEDING FISCAL YEAR THEREOF. IF A  JUSTICE  COURT
BUDGET BE AMENDED PURSUANT TO SUBDIVISION (E) OF THIS SECTION, THEN EACH
SUCH  MUNICIPALITY  SHALL  APPROPRIATE  FORTHWITH TO OR ON BEHALF OF THE
COURT SUCH APPORTIONMENT OF ADDITIONAL FUNDS REQUIRED HEREUNDER FOR  THE
SUPPORT OF SUCH AMENDED BUDGET.
S 2208. FINANCIAL MANAGEMENT.
  (A)  EACH  JUSTICE  COURT SHALL COMPLY WITH SUCH RULES AND REGULATIONS
GOVERNING FINANCIAL RECORDS, RECEIPT OF FUNDS, COURT REMITTANCES TO  THE

A. 10945                           10

JUSTICE  COURT FUND, TRANSFERS OF FUNDS AMONG THE COURT AND EACH MUNICI-
PALITY FOR WHICH SUCH  COURT  EXERCISES  JURISDICTION,  AND  SUCH  OTHER
FISCAL  CONTROL  MATTERS  AS THE STATE COMPTROLLER REASONABLY MAY DIRECT
PURSUANT TO SECTION NINETY-NINE-A OF THE STATE FINANCE LAW.
  (B)  EXCEPT AS THE STATE COMPTROLLER OTHERWISE MAY PROVIDE BY RULE, IN
EACH JUSTICE COURT FOR MULTIPLE MUNICIPALITIES PURSUANT TO  SECTION  ONE
HUNDRED  SIX-A OR ARTICLE TWENTY-TWO OF THIS CHAPTER, EACH JUSTICE SHALL
CAUSE TO BE KEPT A SEPARATE SET OF RECORDS AND  DOCKETS  FOR  EACH  SUCH
MUNICIPALITY  FOR  WHICH HE OR SHE EXERCISES JURISDICTION AND A SEPARATE
BANK ACCOUNT FOR EACH  SUCH  MUNICIPALITY  FOR  THE  DEPOSIT  OF  MONEYS
RECEIVED IN THE EXERCISE OF SUCH JURISDICTION.
  (C)  THE STATE COMPTROLLER SHALL ENSURE COMPLIANCE WITH THE PROVISIONS
OF THIS SECTION.
S 2209.  ADJUSTMENTS TO JUDICIAL OFFICES.
  (A) NOTWITHSTANDING ANY PROVISION OF LAW:
  1. FOR A JUSTICE COURT FOR A SINGLE TOWN OR VILLAGE ONLY, THE  GOVERN-
ING BOARD THEREOF MAY BY LOCAL LAW ADJUST THE NUMBER OF JUSTICES OF SUCH
COURT;  PROVIDED  THAT  EACH  SUCH  MUNICIPALITY SHALL HAVE AT LEAST ONE
JUSTICE AND A MUNICIPALITY HAVING ONLY ONE JUSTICE ALSO SHALL APPOINT AN
ACTING JUSTICE.
  2. FOR A JUSTICE COURT FOR MULTIPLE MUNICIPALITIES PURSUANT TO SECTION
ONE HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF THIS  CHAPTER,  SUCH  MUNICI-
PALITIES MAY, BY JOINT RESOLUTION ENACTED BY THE GOVERNING BOARD OF EACH
SUCH  MUNICIPALITY,  ADJUST  THE NUMBER OF JUSTICES OF SUCH COURT AND/OR
THE APPORTIONMENT OF JUSTICES SELECTED BY AND AMONG SUCH MUNICIPALITIES;
PROVIDED THAT: (I) EACH SUCH TOWN SHALL SELECT  AT  LEAST  ONE  JUSTICE;
(II)  THE  TOTAL NUMBER OF JUSTICES ESTABLISHED HEREUNDER FOR SUCH COURT
SHALL BE NO LESS THAN THE SUM OF THE NUMBER OF SUCH  MUNICIPALITIES  AND
NO  MORE  THAN  TWICE SUCH SUM; (III) EACH SUCH MUNICIPALITY HAVING LESS
THAN TWO JUSTICES SHALL APPOINT AN ACING JUSTICE; AND  (IV)  NO  VILLAGE
FOR  WHICH  A JUSTICE COURT WAS NOT ESTABLISHED ON THE EFFECTIVE DATE OF
THIS ARTICLE SHALL SELECT A JUSTICE OR BE  REQUIRED  TO  ENACT  A  JOINT
RESOLUTION HEREUNDER.
  (B)  ADJUSTMENT  PROCEDURE.  1.  EVERY  LOCAL  LAW OR JOINT RESOLUTION
PURSUANT TO THIS SECTION SHALL STATE THE FINDING OF THE GOVERNING  BOARD
OR  BOARDS  THAT  SUCH ADJUSTMENT WOULD PROMOTE THE TIMELY AND EFFECTIVE
DISPOSITION OF MATTERS COMING BEFORE THE COURT.
  2. EVERY SUCH PROPOSED LOCAL LAW OR JOINT RESOLUTION SHALL BE  SUBMIT-
TED  TO  THE CHIEF ADMINISTRATOR OF THE COURTS NOT LESS THAN NINETY DAYS
BEFORE THE GOVERNING BOARD OR BOARDS SHALL FINALLY ACT THEREON. NO  SUCH
LOCAL  LAW  OR JOINT RESOLUTION SHALL BE ENACTED DURING SUCH NINETY DAYS
NOR IF THE CHIEF ADMINISTER SHALL, DURING SUCH PERIOD, TRANSMIT  TO  THE
GOVERNING  BOARD  OR BOARDS A CERTIFICATE DETERMINING THAT THE ENACTMENT
OF SUCH LOCAL LAW OR JOINT RESOLUTION WOULD DISRUPT THE TIMELY  DISPOSI-
TION  OF MATTERS COMING BEFORE SUCH COURT OR OTHERWISE IMPAIR THE ADMIN-
ISTRATION OF JUSTICE. THE GOVERNING BOARD OR BOARDS SHALL SUBMIT TO  THE
CHIEF  ADMINISTRATOR  SUCH  DATA  AS HE OR SHE MAY REQUEST TO EFFECTUATE
SUCH DETERMINATION.
  3. NO SUCH LOCAL LAW OR JOINT RESOLUTION SHALL BE  ENACTED  LESS  THAN
THIRTY  DAYS BEFORE THE FIRST DAY FIXED BY THE ELECTION LAW FOR THE NEXT
COMMENCEMENT OF CIRCULATION OF NOMINATING PETITIONS FOR SUCH OFFICE.
  (C) THE OFFICE OF ANY JUDGESHIP CREATED PURSUANT TO THIS SECTION SHALL
FIRST BE FILLED OF A TERM OF FOUR YEARS AT THE NEXT SUCCEEDING  ELECTION
OF THE TOWN OR VILLAGE THAT SUCH LOCAL LAW OR JOINT RESOLUTION SPECIFIES
TO  SELECT  SUCH NEW JUSTICE. WHERE A JUDGESHIP IS ABOLISHED PURSUANT TO
THIS SECTION, THE ABOLISHMENT SHALL TAKE EFFECT ON THE COMPLETION OF THE

A. 10945                           11

TERM OF THE JUSTICE THEN SERVING IN  SUCH  OFFICE  OR  UPON  THE  SOONER
HAPPENING OF A VACANCY THEREIN.
S 2210. NON-JUDICIAL STAFF.
  NOTWITHSTANDING ANY PROVISION OF LAW, EACH JUSTICE COURT SHALL HAVE AT
LEAST  ONE  CLERK  AND SUCH OTHER PERSONNEL AS THE BUDGET FOR SUCH COURT
SHALL PROVIDE, WHO SHALL BE EMPLOYEES OF THE COURT.
  S 2. 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. 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  resol-
ution  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], EXCEPT AS OTHERWISE PROVIDED BY SECTION TWENTY-TWO
HUNDRED NINE OF THE UNIFORM JUSTICE COURT ACT.
  S 3. Subdivisions 1 and 4 of  section  849-i  of  the  judiciary  law,
subdivision  1  as added by chapter 280 of the laws of 1999 and subdivi-
sion 4 as amended by chapter 127 of the laws of  2007,  are  amended  to
read as follows:
  1.  Each  town  and village [having] RESPONSIBLE FOR FUNDING a justice
court IN WHOLE OR IN PART may make an individual application  for  funds
available  pursuant  to  this  article,  or  two  or  more such towns or
villages, or towns and villages, may make a joint application  for  such
funds,  FOR THE SUPPORT OF SUCH COURT. All applications shall be submit-
ted to the chief administrator of the courts for his or her approval.
  4. Notwithstanding any other provision of law, the chief administrator
shall not approve any application for funding in excess of  THE  GREATER
AMOUNT  OF  (A) thirty thousand dollars [unless such application is] OR,
IN THE CASE OF a joint  application,  THE  PRODUCT  OF  THIRTY  THOUSAND
DOLLARS  and the [aggregate funding sought thereunder does not exceed an
amount equaling the product of the] number of joint  applicants  [making
such application and thirty thousand dollars], AND (B) THIRTY PERCENT OF
THE  TOTAL  AMOUNT BUDGETED FOR THE SUPPORT OF SUCH COURT AND CHARGED TO
SUCH MUNICIPALITY OR MUNICIPALITIES FOR THE FISCAL YEAR  IN  WHICH  SUCH
FUNDS WOULD BE PAID, NOR APPROVE ANY SUCH APPLICATION FOR THE SUPPORT OF
A  COURT  NOT  IN  COMPLIANCE  WITH  RULES AND REGULATIONS GOVERNING THE
ADMINISTRATION AND OPERATION THEREOF  AS  THE  CHIEF  ADMINISTRATOR  MAY
PROVIDE  UNLESS  THE  PROVISION  OF SUCH FUNDS IS PURSUANT TO A REMEDIAL
COMPLIANCE  PLAN  JOINTLY  APPROVED  BY  THE  CHIEF  ADMINISTRATOR,  THE
JUSTICES  OF  SUCH COURT AND THE CHIEF EXECUTIVE OFFICER OF EACH MUNICI-
PALITY  RESPONSIBLE  FOR  FUNDING  SUCH  COURT   PURSUANT   TO   ARTICLE
TWENTY-TWO-A OF THE UNIFORM JUSTICE COURT ACT.

A. 10945                           12

  S  4.  Subdivision  3  of  section  31  of the town law, as separately
amended by chapters 250 and 861 of the laws of 1975 and as renumbered by
chapter 123 of the laws of 1981, is amended to read as follows:
  3.  Notwithstanding  any  other  law,  actual  and  necessary expenses
incurred by a justice or justice elect in attending a course of training
required [of him] before he OR SHE can assume  the  functions  of  [his]
office  shall  be  a  charge  against  the  town  FOR WHICH HE OR SHE IS
SELECTED.
  S 5. Section 69 of the town law, as added by chapter 544 of  the  laws
of 1954, is amended to read as follows:
  S  69. Duties of town board with respect to justice courts. Each [town
board shall provide for each] justice [of  the  peace]  PRESIDING  IN  A
JUSTICE  COURT FOR A TOWN SHALL BE ENTITLED TO HAVE FURNISHED FOR HIS OR
HER USE such statutes, manuals, books, forms  and  supplies  as  may  be
necessary  for  the  proper  administration  of  his  OR HER office. The
expenses incurred in complying with the foregoing provisions shall be  a
town  charge  within  the  meaning  of  this chapter EXCEPT AS OTHERWISE
PROVIDED BY ARTICLE TWENTY-TWO-A OF THE UNIFORM JUSTICE COURT ACT.
  S 6. Subdivision 11 of section 116 of the town law, as added by  chap-
ter 357 of the laws of 1936, is amended to read as follows:
  11.  The  fees  and  charges  of  a  [police] justice or other officer
authorized by law to be paid for services rendered and expenses incurred
on account of offenses committed in a village and [triable] TRIED before
[the police] A justice[,] COURT FOR SUCH VILLAGE BUT NOT FOR  SUCH  TOWN
shall  not  be  a town charge or be audited or paid by the town board of
the town.
  S 7. Subdivision 2 of section 4-410 of the village law, as amended  by
chapter 976 of the laws of 1973, is amended to read as follows:
  2.  [All  the] EXCEPT AS OTHERWISE PROVIDED BY ARTICLE TWENTY-TWO-A OF
THE UNIFORM JUSTICE COURT ACT, ALL expenses of maintaining  the  village
court[,  including  the  fees of the village justice if he is not paid a
salary,] shall be a village charge. [The fees allowable to villages  for
the services of magistrates and the fees allowable to other officers for
services  in criminal proceedings, for or on account of an offense which
a court of special sessions has not jurisdiction  to  try,  shall  be  a
county  charge, if the magistrate had jurisdiction of the proceedings in
which the services were rendered.] A county shall pay any amount due  to
a  village  for  the  services  of  a village justice which are a county
charge upon presentation to it of a claim by the state  comptroller  for
such  charges each quarter.  If any fine legally payable to the state[,]
shall have been erroneously paid to the village treasurer, the board  of
trustees may, and is hereby authorized to, appropriate in its next annu-
al  budget  such sum as may be necessary to reimburse the state for such
fine so paid.
  S 8. Subdivision 7 of section 5-524 of the village law, as amended  by
chapter 222 of the laws of 1982, is amended to read as follows:
  7.  The actual and necessary expenses of all officers, employees, and,
when authorized by the board  of  trustees,  the  actual  and  necessary
expenses  of  the  volunteer chief and assistant volunteer chiefs of the
village fire department incurred in the performance  of  their  official
duties  shall  be a village charge. For the purposes of this subdivision
"actual and necessary expenses", as it applies to a volunteer  chief  or
assistant  volunteer  chief  of  the village fire department, means only
such expenses incurred in the performance of their extra official duties
as volunteer chief or assistant volunteer chief. The board  of  trustees
of  any village, in lieu of auditing and allowing the claim of a village

A. 10945                           13

officer, employee, or volunteer chief and assistant volunteer chiefs  of
the  village fire department for actual and necessary expenses for trav-
el, may determine by resolution to allow and pay such officer, employee,
or  volunteer  chief  and assistant volunteer chiefs of the village fire
department a reasonable mileage allowance for use  of  his  OR  HER  own
automobile for each mile actually and necessarily traveled by him OR HER
in the performance of the duties of his OR HER office or position, or in
attending  a convention, conference or school pursuant to section seven-
ty-seven-b of the  general  municipal  law.  The  actual  and  necessary
expenses  incurred  by  a  [police] VILLAGE justice OR JUSTICE ELECT who
does not also hold the office  of  town  justice  OR  JUSTICE  ELECT  in
attending  [a  training  school  for  justices provided by the education
department or given within his county by the county magistrate's associ-
ation] A COURSE OF TRAINING REQUIRED BEFORE HE OR  SHE  CAN  ASSUME  THE
FUNCTIONS  OF OFFICE shall be a charge against the village [of] which he
OR SHE is [police justice. No such person,  however,  shall  be  allowed
such  expenses  for attending a regional school unless his village shall
be included within the area of such region as established by the  educa-
tion department] SELECTED.
  S 9. This act shall take effect immediately.

                                 PART C

  Section  1. The uniform justice court act is amended by adding two new
sections 105-a and 105-b to read as follows:
S 105-A. AGE  AND  EDUCATIONAL  QUALIFICATIONS  FOR  TOWN  AND   VILLAGE
           JUSTICES.
  IN  ADDITION  TO  OTHER  QUALIFICATIONS  FOR  TOWN OR VILLAGE JUDICIAL
OFFICE ESTABLISHED BY LAW, NO PERSON OTHER THAN ONE SERVING AS A TOWN OR
VILLAGE JUSTICE ON THE EFFECTIVE DATE OF THIS SECTION SHALL BE  ELIGIBLE
FOR  SELECTION  AS A TOWN OR VILLAGE JUSTICE UNLESS HE OR SHE SHALL HAVE
ACHIEVED THE AGE OF TWENTY-FIVE YEARS, GRADUATED FROM AN ACCREDITED HIGH
SCHOOL OR EARNED A GENERAL EQUIVALENCY DEGREE  DIPLOMA,  AND  EARNED  AN
ASSOCIATE  OR  BACCALAUREATE  DEGREE  FROM  AN ACCREDITED INSTITUTION OF
HIGHER EDUCATION.
S 105-B. RESIDENCY REQUIREMENT FOR TOWN AND VILLAGE JUSTICES.
  NOTWITHSTANDING ANY PROVISION OF LAW, A PERSON SHALL  BE  ELIGIBLE  TO
SERVE  AS  A  JUSTICE  FOR ANY TOWN, OR FOR ANY VILLAGE WHOLLY OR PARTLY
LOCATED IN SUCH TOWN, WITHIN HIS  OR  HER  COUNTY  OF  RESIDENCE  OR  AN
ADJOINING COUNTY. A JUSTICE WHO CEASES TO SATISFY THIS REQUIREMENT AS TO
ANY  SUCH  JUDICIAL  OFFICE SHALL BE DEEMED TO VACATE SUCH OFFICE, WHICH
THEREAFTER SHALL BE FILLED IN THE MANNER PRESCRIBED BY LAW.
  S 2. The uniform justice court act is amended by adding a new  section
105-c to read as follows:
S 105-C. ELECTION TO PROCEED IN CERTAIN CRIMINAL ACTIONS.
  (A)  IN  ACCORDANCE  WITH  THIS  SECTION,  A  DEFENDANT APPEARING IN A
JUSTICE COURT PURSUANT TO AN ACCUSATORY INSTRUMENT THAT CHARGES A MISDE-
MEANOR OR FELONY MAY ELECT TO PROCEED  IN  SUCH  MATTER  ONLY  BEFORE  A
JUSTICE  ADMITTED  TO PRACTICE LAW IN THIS STATE. SUCH ELECTION SHALL BE
BY WRITTEN INSTRUMENT IN A FORM PRESCRIBED BY THE CHIEF ADMINISTRATOR OF
THE COURTS AND SHALL BE  FILED  WITH  SUCH  COURT  NOT  LATER  THAN  THE
COMPLETION OF THE FIRST APPEARANCE AT WHICH EITHER THE DEFENDANT MAKES A
MOTION OR SUCH COURT DECIDES A MOTION MADE BY THE PROSECUTOR.
  (B)  THE  CHIEF ADMINISTRATOR SHALL PROMULGATE RULES TO EFFECTUATE THE
PROVISIONS OF THIS SECTION. SUCH RULES SHALL ENSURE THAT DEFENDANTS  ARE
TIMELY  ADVISED OF THE RIGHT OF ELECTION HEREUNDER AND THAT EACH CASE IN

A. 10945                           14

WHICH A DEFENDANT MAKES SUCH AN ELECTION IS ASSIGNED  TO  A  JUSTICE  OR
JUDGE  ADMITTED  TO  PRACTICE LAW IN THIS STATE WITH MINIMUM PRACTICABLE
DELAY AND BURDEN TO THE PARTIES.
  S  3. Subdivision (a) of section 105 of the uniform justice court act,
as amended by chapter 250 of the laws of 1975, is  amended  to  read  as
follows:
  (a)  Training.  No  town  or  village  justice [selected for a term of
office commencing on or after September first, nineteen  hundred  sixty-
seven],  except one who has been admitted to practice law in this state,
shall assume the functions of [his] office unless he OR  SHE  has  filed
with the clerk of [his] THE municipality IN WHICH HE OR SHE WAS SELECTED
a  certificate  of  completion  of  a course OR COURSES of education and
training prescribed by the  [administrative  board.  The  administrative
board]  CHIEF  ADMINISTRATOR  OF THE COURTS. THE CHIEF ADMINISTRATOR may
issue a temporary certificate enabling a  town  or  village  justice  to
assume  the  functions  of  his  OR HER office pending completion of the
earliest such course OR COURSES available thereafter, AND  MAY  ISSUE  A
CERTIFICATE  ENABLING  A TOWN OR VILLAGE JUSTICE TO ASSUME PARTIAL FUNC-
TIONS OF OFFICE UPON SUCCESSFUL COMPLETION OF ANY PART OF SUCH COURSE OR
COURSES DIRECTLY RELATING TO SUCH PARTIAL FUNCTIONS  PENDING  SUCCESSFUL
COMPLETION OF THE NEXT COURSE OR COURSES RELATING TO THE REMAINING FUNC-
TIONS OF OFFICE THAT SUCH JUSTICE SHALL NOT YET BE CERTIFIED TO PERFORM.
Such  certificates  shall  be in a form, and subject to terms and condi-
tions, prescribed by the [administrative board] CHIEF ADMINISTRATOR.
  S 4. This act shall take effect immediately; provided,  however,  that
section  one  of this act shall take effect on the first of January next
succeeding the date on which it shall have become a law.

                                 PART D

  Section 1. Section 102 of the uniform justice court act is amended  to
read as follows:
S 102. Application of UJCA.
  THE JUSTICE COURTS OF THIS STATE SHALL INCLUDE EVERY COURT ESTABLISHED
TO  SERVE  AN  INDIVIDUAL TOWN OR VILLAGE AND EVERY COURT ESTABLISHED TO
SERVE MULTIPLE SUCH LOCALITIES IN  ACCORDANCE  WITH  THIS  CHAPTER.  The
jurisdiction  of and practice and procedure in each SUCH court [governed
by the UJCA] shall be as prescribed herein, and each such court shall be
a part of the unified court system for the state. [Such] EACH SUCH court
[in each municipality] shall have an official seal [to be  furnished  by
the  municipality] upon which shall be engraved the words "Justice Court
of the [(Town, Village or City) of]  (insert  name  of  municipality  OR
MUNICIPALITIES  FOR WHICH THE COURT PRESIDES), County of (insert name of
county), New York, Seal".
  S 2. Section 103 of the uniform justice court act is amended  to  read
as follows:
S 103. Titles of justices; incidental powers.
  The title of each justice [of:] SELECTED BY
  [a.] a town [court] OR VILLAGE shall be "Town Justice"[;
  b.  a  village  court shall be] OR "Village Justice"[;], RESPECTIVELY,
and EACH SUCH JUSTICE PRESIDING IN A  JUSTICE  COURT  PURSUANT  TO  THIS
CHAPTER  SHALL BE TITLED A JUSTICE OF SUCH COURT. A POWER, DUTY OR LIMI-
TATION DEVOLVING ON A JUSTICE OR COURT SUBJECT  TO  THIS  CHAPTER  SHALL
DEVOLVE  ON  EACH  JUSTICE OF SUCH COURT EXCEPT AS OTHERWISE PROVIDED BY
LAW.

A. 10945                           15

  [c. a court established in and for a city and  governed  by  this  act
shall be "City Justice".]
  In  addition  to  such judicial powers as are conferred by law in this
act or elsewhere, each justice shall have all of the powers conferred or
conferrable on non-judicial personnel of the court.
  S 3. Section 104 of the uniform justice court act is amended  to  read
as follows:
S 104. Bond and oath of justice.
  Upon  assuming  office,  each justice shall file with the county clerk
his OR HER oath of office and a bond in an amount fixed by the  [munici-
pal]  GOVERNING  board OF THE TOWN OR VILLAGE FOR WHICH SUCH JUSTICE WAS
SELECTED, and conditioned for the faithful performance  of  his  OR  HER
duties.  Additional copies of the oath shall be filed with the [adminis-
trative  board]  CHIEF ADMINISTRATOR OF THE COURTS and with the clerk of
[the municipality] SUCH TOWN OR VILLAGE.
  S 4. Subdivisions 6, 8 and 9 of section 106  of  the  uniform  justice
court  act  are REPEALED, subdivision 7, as renumbered by chapter 321 of
the laws of 2007, is renumbered subdivision 6, subdivision 10 is  renum-
bered  subdivision  7 and subdivisions 1 and 2 of such section, subdivi-
sion 1 as amended by chapter 499 of the laws of 1977 and  subdivision  2
as  added  by  chapter  321  of the laws of 2007, are amended to read as
follows;
  1. A justice may hold court anywhere in the  municipality  OR  MUNICI-
PALITIES FOR WHICH SUCH JUSTICE COURT PRESIDES, including in the case of
a  town  [justice]  anywhere within a village wholly or partly contained
within [the] SUCH town [of which he is a justice regardless of]  whether
or not [said] A DIFFERENT JUSTICE COURT PRESIDES FOR SUCH village [has a
village  court  and  in  the  event]. IF two or more contiguous villages
maintain offices in the same building, a [village] justice of A  JUSTICE
COURT  PRESIDING  FOR  any such village may hold court in such building,
notwithstanding that the building is  outside  the  boundaries  of  such
village.  [A  town  justice may hold court in an adjacent town providing
such justice has been elected or holds office pursuant to a plan  estab-
lished  by  resolution  which  was adopted pursuant to the provisions of
section one hundred six-a of this chapter.] FOR PURPOSES OF ARRAIGNMENTS
AND APPEARANCE PROCEEDINGS PURSUANT TO A WARRANT, A JUSTICE MAY  PRESIDE
FOR  HIS OR HER JUSTICE COURT ANYWHERE IN THE COUNTY IN WHICH SUCH COURT
IS ESTABLISHED PROVIDED THAT THE COUNTY, CITY, TOWN OR VILLAGE PROVIDING
THE COURT FACILITY IN WHICH SUCH JUSTICE SHALL PRESIDE FOR ANY  OF  SUCH
PURPOSES CONSENTS TO SUCH USAGE.
  2.  The  chief  administrator of the courts may temporarily assign any
justice of another town or village [court], or a judge of a city  court,
to  [a  town  or  village]  ANY  JUSTICE court within the county of such
judge's or justice's residence or an adjoining county. While temporarily
assigned hereunder, any such judge or justice  shall  have  the  powers,
duties  and  jurisdiction of a justice of the court to which the assign-
ment is made. After the expiration of  any  temporary  assignment  here-
under,  the  judge or justice assigned shall have all the powers, duties
and jurisdiction of a judge or justice of the court to which the assign-
ment was made with respect to all matters pending  during  the  term  of
such  temporary  assignment.  Such judge or justice shall be entitled to
such compensation and travel expenses as the chief  administrator  shall
prescribe  by rule, payable out of funds appropriated to the state judi-
ciary for such purpose.
  S 5. Section 107 of the uniform justice court act, as amended by chap-
ter 861 of the laws of 1975, is amended to read as follows:

A. 10945                           16

S 107. Records and dockets of court.
  Each  justice  shall  keep  or  cause  to be kept legible and suitable
books, papers, records and dockets of all [civil actions and proceedings
and all criminal actions and] proceedings.    The  rules  may  prescribe
their  form,  care,  custody and disposition, provided, however, that in
any county or part of a county where the district court system has  been
duly  adopted,  all  the  dockets of the [town] justices then on file or
required to be filed[,] in the office of the town OR VILLAGE clerk[,] OR
IN THE JUSTICE COURT FOR SUCH TOWN OR VILLAGE shall  be  transferred  to
the  office  of the clerk of the district court and there kept and main-
tained in the same manner as other  official  records  of  the  district
court  and  responsibility  for  such records on the part of the town OR
VILLAGE AND THE JUSTICES AND CLERKS THEREOF shall cease.
  S 6. Section 109 of the uniform justice court act is amended  to  read
as follows:
S 109. Non-judicial personnel; their powers and duties.
  Each  court  shall have such non-judicial personnel as may be provided
by the [municipal board] BUDGET FOR SUCH COURT PURSUANT TO THIS CHAPTER.
Their powers and duties in addition to those provided by this act, shall
be as provided in the rules OF THE CHIEF ADMINISTRATOR. All non-judicial
personnel of the court shall have the power to  administer  oaths,  take
acknowledgments  and  sign  the  process  or mandate of the court, if so
authorized by law[,] OR COURT rule [or appellate division order].
  S 7. Paragraph 3 of subdivision (a) of  section  110  of  the  uniform
justice  court  act,  as  amended by chapter 236 of the laws of 1971, is
amended to read as follows:
  3. a JUSTICE court [established in and] for [a city  and  governed  by
this act,] MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A
OR  ARTICLE  TWENTY-TWO  OF THIS CHAPTER, THE POLICE OFFICIALS, MARSHALS
AND CONSTABLES OF EACH SUCH MUNICIPALITY, EACH ACTING  FOR  HIS  OR  HER
MUNICIPALITY, AND the sheriff of the county.
  S  8.  Subdivision (c) of section 111 of the uniform justice court act
is amended to read as follows:
  (c) Bond. With such oath as is required to be filed by subdivision (b)
OF THIS SECTION shall be filed a bond, in an amount fixed  and  approved
by  the  municipal  board  OR,  FOR A JUSTICE COURT FOR MULTIPLE MUNICI-
PALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE TWENTY-TWO  OF
THIS CHAPTER, BY JOINT RESOLUTION OF EACH SUCH MUNICIPALITY, conditioned
for the faithful performance of duty.
  S 9. Section 201 of the uniform justice court act, as amended by chap-
ter  626 of the laws of 1970 and subdivision a as amended by chapter 685
of the laws of 1977, is amended to read as follows:
S 201. Jurisdiction; in general.
  a. The court shall have jurisdiction as set forth in this article  and
as  elsewhere  provided  by  law[,  subject, in the case of a city court
governed by this act, to the limitations stated in S 2300 (b) (2) (i) of
this act]. The phrase "$3000", whenever  it  appears  herein,  shall  be
taken  to mean "$3000 exclusive of interest and costs"[, except that, in
the case of a city court governed by this act whose  monetary  jurisdic-
tion  is,  pursuant  to  S 2300 (b) (2) (i) of this act, below $3000, it
shall be taken to mean such lesser sum as is applicable in  the  partic-
ular court, exclusive of interest and costs].
  b.  Concurrent  civil  jurisdiction  of  [town court] SEPARATE JUSTICE
COURTS PRESIDING FOR TOWN and village [court in village].  Notwithstand-
ing the provisions of this chapter [or section one hundred eighty-six of
the village law, the town] A JUSTICE court PRESIDING FOR A TOWN and [the

A. 10945                           17

village] A SEPARATE JUSTICE court [of] PRESIDING FOR a village wholly or
partly  within  such  town  [and  wherein a court has been established],
shall have concurrent civil jurisdiction over causes of  action  arising
within such village.
  S  10. The section heading and subdivisions (a) and (b) of section 213
of the uniform justice court act are amended to read as follows:
  [Residence] LOCATION OF PARTY RESIDENCE or  business  [within  munici-
pality].
  (a)  In an action described in [S 202] SECTION TWO HUNDRED TWO OF THIS
CHAPTER, either a plaintiff or a defendant must:
  1. be a resident of [the municipality] A TOWN  OR  VILLAGE  FOR  WHICH
SUCH JUSTICE COURT IS ESTABLISHED; or
  2.  have  a  regular employment within [the municipality] SUCH TOWN OR
VILLAGE; or
  3. have a place for the regular transaction of  business  within  [the
municipality] SUCH TOWN OR VILLAGE.
  (b)  A corporation, association or partnership shall, for the purposes
of this section, be deemed a resident  of  the  [municipality]  TOWN  OR
VILLAGE  if  it  has an office or agency or regularly transacts business
[in the municipality] THEREIN.
  S 11. Section 214 of the uniform justice  court  act,  as  amended  by
chapter 515 of the laws of 1978, is amended to read as follows:
S 214. Transferred cases IN WESTCHESTER COUNTY.
  In  a case brought in the supreme court or county court of Westchester
county where money damages only are sought and classification,  pretrial
or  other  appropriate procedures in either of said courts or the demand
for relief have determined that the potential recovery, assuming liabil-
ity, in an action or proceeding or counterclaim therein will not  exceed
the  sum  of  five thousand dollars, exclusive of interest and costs, if
such action or proceeding is transferred to a [town or village]  JUSTICE
court  in  the  county of Westchester having jurisdiction of the parties
under section two hundred thirteen of this [act]  ARTICLE,  pursuant  to
section  nineteen  of article six of the state constitution, the verdict
or judgment of such justice court shall not be subject to the limitation
of monetary jurisdiction specified elsewhere in this  article  for  such
court,  but  shall  be subject instead to a monetary jurisdiction not to
exceed five thousand dollars, exclusive of interest and costs.  Alterna-
tively,  for  purposes  of  this section only, in the furtherance of the
interests of justice, such transfer may be made (a) to a  justice  court
[in] FOR a municipality adjacent to a municipality designated in section
two  hundred  thirteen  of this [act] ARTICLE or to a justice court [in]
FOR a municipality adjacent to a city in Westchester county whose  court
would otherwise have had jurisdiction by [the calendar] A justice of the
supreme  court or judge of the county court; or (b) to any justice court
in the county of Westchester by the administrative judge  of  the  ninth
judicial district. Costs incurred by local municipalities in administer-
ing their courts as a result of the application of this section shall be
[a  charge] CHARGES against the county of Westchester within the amounts
appropriated by the county therefor and subject to reasonable rules  and
regulations thereof by the county.
  S 12. Section 1306 of the uniform justice court act is REPEALED.
  S  13.  Section  1801  of the uniform justice court act, as amended by
chapter 76 of the laws of 1994, is amended to read as follows:
S 1801. Small claims defined.
  The term "small claim" or "small claims" as used  in  this  act  shall
mean  and  include  any  cause of action for money only not in excess of

A. 10945                           18

three thousand dollars exclusive of interest and  costs,  provided  that
the  defendant  either  resides, or has an office for the transaction of
business or a regular employment, within [the]  A  municipality  [where]
FOR WHICH the court [is located] PRESIDES. However, where a judge of the
county court, pursuant to subdivision (g) of section three hundred twen-
ty-five  of  the  civil  practice law and rules, transfers a small claim
from [the town or village] A JUSTICE court having jurisdiction over  the
matter  to another [town or village] JUSTICE court within the same coun-
ty, the court to which it is  transferred  shall  have  jurisdiction  to
determine the claim.
  S  14.  Paragraph  3 of subdivision (a) of section 1911 of the uniform
justice court act, as added by chapter 489  of  the  laws  of  2001,  is
amended to read as follows:
  3.   [a.] No [clerk of any town] JUSTICE court shall collect or charge
any fee imposed pursuant to paragraph one of this subdivision from [the]
ANY town [in] OR VILLAGE FOR which such  court  [has  jurisdiction,  nor
from  any  village  located  therein or] PRESIDES OR from any officer or
agency of ANY such town or village.
  [b. No clerk of any village court shall  collect  or  charge  any  fee
imposed  pursuant  to paragraph one of this subdivision from the village
in which such court has jurisdiction, or from any officer or  agency  of
such village.]
  S 15. Section 2012 of the uniform justice court act is REPEALED.
  S  16.  Section 2019-a of the uniform justice court act, as amended by
chapter 861 of the laws of 1975, is amended to read as follows:
S 2019-a. Justices' criminal records and docket.
  The records and dockets of the court except as otherwise  provided  by
law  shall  be at reasonable times open for inspection to the public and
shall be and remain the property of the [village or town  of  the  resi-
dence  of  such  justice]  COURT,  and  at the expiration of the term of
office of [such] EACH justice THEREOF shall be forthwith filed by him in
the office of the clerk of  such  [village  or  town]  COURT,  provided,
however,  that  if  such records and dockets are transferred pursuant to
section [twenty hundred  twenty-one]  TWO  THOUSAND  TWENTY-ONE  of  the
uniform  district  court  act,  the  responsibility for such records and
dockets by the [city, village or town] JUSTICE  COURT  shall  cease  and
they  shall  be  the  property  of  the district court to which they are
transferred. The record of every criminal action shall state  the  names
of the witnesses sworn and their places of residence[, and if in a city,
the  street  and  house number;], and every proceeding had before him OR
HER.  It shall be the duty of every such justice, at least once  a  year
and  upon  the last audit day of [such village or town] THE MUNICIPALITY
OR, IN THE CASE OF A JUSTICE OF A JUSTICE  COURT  FOR  MULTIPLE  MUNICI-
PALITIES  PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF
THIS CHAPTER, THE LAST AUDIT DAY OF EACH OF SUCH TOWNS  ONLY  EXCEPT  IN
THE  CASE  OF A JUSTICE COURT FOR MULTIPLE VILLAGES ONLY, THE LAST AUDIT
DAY OF EACH OF SUCH VILLAGES, to present his OR HER records  and  docket
to  the  auditing  board  of  EACH said [village or town, which] MUNICI-
PALITY.  FOR A JUSTICE COURT FOR A SINGLE  TOWN  OR  VILLAGE  ONLY,  THE
GOVERNING  board  OF SUCH TOWN OR VILLAGE shall examine the said records
and docket, or cause THE same  to  be  examined  and  a  report  thereon
submitted  to  the  board  by a certified public accountant, or a public
accountant and enter in the minutes of its  proceedings  the  fact  that
they  have  been  duly  examined,  and  that  the fines AND FEES therein
collected have been turned over to the proper officials  of  [the]  SUCH
village  or  town  as  required by law. FOR A JUSTICE COURT FOR MULTIPLE

A. 10945                           19

MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE  TWENTY-
TWO  OF  THIS  CHAPTER,  THE  GOVERNING BOARDS OF EACH SUCH MUNICIPALITY
SHALL BY JOINT RESOLUTION CAUSE THE SAID RECORDS AND DOCKET TO BE  EXAM-
INED  IN THE MANNER PRESCRIBED BY THIS SECTION. EXAMINATIONS PURSUANT TO
THIS SECTION SHALL COMPLY WITH SUCH REASONABLE RULES AS THE STATE  COMP-
TROLLER  MAY PROVIDE.  Any such justice who shall willfully fail to make
and enter in such records and docket forthwith[,] the  entries  by  this
section  required  to be made or to exhibit such records and docket when
reasonably required, or present his OR HER records and  docket  [to  the
auditing  board]  FOR  AUDIT  as  herein  required, shall be guilty of a
misdemeanor and shall, upon conviction, in addition  to  the  punishment
provided by law for a misdemeanor, forfeit his OR HER office.
  S  17. Subdivision 1 of section 2021 of the uniform justice court act,
as amended by chapter 460 of the laws of 1991, is  amended  to  read  as
follows:
  1.  A  fine  imposed and paid before commitment[,] must be received by
the court, and unless otherwise provided by law, shall be  the  property
of  the town in which the offense was committed [if the fine was imposed
by a town court]. If, however, the [fine was imposed by a village  court
for an] offense committed in a village FOR WHICH THERE EXISTED A VILLAGE
COURT ON THE EFFECTIVE DATE OF ARTICLE TWENTY-TWO OF THIS CHAPTER, then,
unless  otherwise  provided  by  law, the fine RECEIVED FOR SUCH OFFENSE
shall be the property of [the] SUCH village [in which  the  offense  was
committed].  [All  such  fines shall be paid to the state comptroller by
the court on or before the tenth day of the month next succeeding  their
collection.]  Notwithstanding  the foregoing provisions of this subdivi-
sion, all fines imposed for the violation of a village local law,  ordi-
nance  or  regulation,  unless  otherwise  provided by law, shall be the
property of such village, whether or not [the village]  THERE  has  BEEN
established [the] FOR SUCH VILLAGE AN office of village justice.
  S 18. Section 2021 of the uniform justice court act, as added by chap-
ter  1113 of the laws of 1971, is renumbered section 2022 and amended to
read as follows:
S 2022. Stenographer in criminal proceedings.
  Whenever a contested criminal proceeding is prosecuted  in  a  justice
court,  [the  justice]  SUCH COURT may employ a stenographer to take the
testimony on such trial. The [municipal board  shall  fix  the  rate  of
compensation to be paid to such stenographer for such services rendered.
Such  compensation]  COST  THEREOF shall be a [municipal] charge AGAINST
SUCH COURT, and shall be audited and  paid  upon  certification  by  the
court [specifying the number of folios furnished].
  S  19.  Section  2101 of the uniform justice court act, paragraph 1 of
subdivision (n) as amended by chapter  626  of  the  laws  of  1970,  is
amended to read as follows:
S 2101. Definitions.
  The following words or phrases used in this act shall have the meaning
defined in this section, unless otherwise apparent from the context:
  (a) "Administrative board" means the administrative board of the judi-
cial conference of the state.
  (b)  "Administrative  judge" means the judicial officer designated, by
the appellate division of the department in which the court is  located,
to be administrator of the particular court.
  (c)  "Appellate  division" means the appellate division of the supreme
court in and for  the  department  in  which  the  particular  court  is
located, or its designated administrative judge.

A. 10945                           20

  (d) ["City" means the city in and for which is established the partic-
ular court, which court is established in and for a city and is governed
by this act, to which this act is being applied.
  (e)  "City  justice"  means  the justice or justices of the particular
court, established in and for a city and governed by this act, to  which
court this act is being applied.
  (f)] "Clerk" means the clerk of the particular court to which this act
is being applied, or the non-judicial person performing the functions of
such  office;  if the particular court has no such clerk or non-judicial
person, it means the justice of such court.
  [(g)] (E) "County" means the county in which is located, in  whole  or
in part, the municipality in and for which the particular court to which
this act is being applied is located.
  [(h)] (F) "County clerk" means the clerk of the county defined above.
  [(i)]  (G)  "Court"  [embraces] AND "JUSTICE COURT" SHALL EMBRACE each
and every JUSTICE court or office to which this act is applicable pursu-
ant to [S 2300] SECTION  TWENTY-THREE  HUNDRED  OF  THIS  ACT  and,  for
purposes  of the application of this act to each such court, it shall be
taken as a reference to [either:
  1.] the [town] court [of] PRESIDING FOR the particular town[;] or
  [2. the village court of the particular] village,  INCLUDING  A  COURT
FOR  SUCH MULTIPLE MUNICIPALITIES, and if there is no court [established
in and] for the particular village [it means] THEN the [town] court,  if
any,  [of]  FOR  the town in which the village is located in whole or in
part[; or
  3. the court established in and for the particular city, if such court
is governed by this act;], as the case may be.
  [(j)] (H) "Court established in and for a city" means a  court  estab-
lished  in  and for a city, which court is governed by this act pursuant
to [S 2300] SECTION TWENTY-THREE HUNDRED of this act.
  [(k)] (I) "Enforcement  officer"  means  any  appropriate  officer  as
enumerated in [S 110] SECTION ONE HUNDRED TEN of this act.
  [(l)]  (J)  "Justice"  embraces  every justice of every court to which
this act applies, and it shall be taken as a reference to the justice of
the particular court to which this act is being applied.
  [(m)] (K) "Municipal board" means the  local  governing  body  of  the
town[,]  OR  village  [or city in and] for which the particular court to
which this act is being applied [is established] PRESIDES.
  [(n)] (L) "Municipality" means[, as applied to:
  1. a town court,] the town [in and] for which [it is  established  and
it  includes]  A  JUSTICE COURT PRESIDES, INCLUDING a village located in
whole or in part within the town with respect to civil causes of  action
arising  within  such village or if there is no OTHER court [established
in and] PRESIDING for such village[;], OR
  [2. a] THE village [court, the village in and] for which [it is estab-
lished] A JUSTICE COURT PRESIDES WHERE ON THE EFFECTIVE DATE OF  ARTICLE
TWENTY-TWO  OF  THIS  CHAPTER  THERE  EXISTED  A  VILLAGE COURT FOR SUCH
VILLAGE, AS THE CASE MAY BE[; and
  3. a court established in and for a city, which court is  governed  by
this act, the city in and for which it is established].
  [(o)] (M) "Rules" means the rules adopted pursuant to [S 2103] SECTION
TWENTY-ONE HUNDRED THREE of this act.
  [(p)]  (N)  "Town"  means the town [in and] for which [is established]
the particular [town] JUSTICE court to which this act is  being  applied
PRESIDES.   It does not include any village which is in whole or in part
within the town unless there [is] WAS no village court  established  [in

A. 10945                           21

and]  for  such  village  ON THE EFFECTIVE DATE OF ARTICLE TWENTY-TWO OF
THIS CHAPTER, in which event it does include such village. [It does  not
include any city.]
  [(q)]  (O)  "Town  court" means the particular court or [office estab-
lished in and] JUSTICE for a town, which court or  [office]  JUSTICE  is
governed  by  this act pursuant to [S 2300] SECTION TWENTY-THREE HUNDRED
of this act and to which this act is being applied.
  [(r)] (P) "Town justice" means the justice or justices of the  partic-
ular  [town]  JUSTICE  court  FOR  THE  TOWN  to which this act is being
applied.
  [(s)] (Q) "Village" means the village [in and] for  which  [is  estab-
lished]  the  particular  [village]  JUSTICE  court to which this act is
being applied PRESIDES OR FOR WHICH A VILLAGE COURT WAS  ESTABLISHED  ON
THE EFFECTIVE DATE OF ARTICLE TWENTY-TWO OF THIS CHAPTER.
  [(t)] (R) "Village court" means the particular court or [office estab-
lished in and] JUSTICE for a village, which court or [office] JUSTICE is
governed  by  this act pursuant to [S 2300] SECTION TWENTY-THREE HUNDRED
of this act and to which this act is being applied.
  [(u)] (S) "Village justice" means  the  justice  or  justices  of  the
particular  [village] JUSTICE court FOR THE VILLAGE to which this act is
being applied.
  S 20. Subdivision (b) of section 2300 of the uniform justice court act
is amended to read as follows:
  (b) Courts to which applicable.
  [1. Town and village courts.] This act shall apply to[:
  (i)] every court in the state [which is] established [in] and  PRESID-
ING for [a town, whether] ONE OR MORE TOWNS AND/OR ONE OR MORE VILLAGES,
BY WHATEVER NAME SUCH COURT PREVIOUSLY WAS denominated ["justice court",
"justice's  court",  "justice  of  the  peace", "town court", "office of
justice of the peace", or any other combination of  words  denoting  the
office  or  court  commonly  known  as that of justice of the peace of a
town; and
  (ii) every court in the state  which  is  established  in  and  for  a
village, whether denominated "village court", "village justice", "police
justice",  "police court", "village police justice", "village justice of
the peace", "office of village police justice", or any other combination
of words denoting the office or court commonly known as that of  village
police  justice],  except  as  provided  by PARAGRAPH TWO OF subdivision
(d) [(2)] OF THIS SECTION regarding areas of a district court.
  [2. City courts. The applicability of this act to  courts  established
in  and  for cities outside the city of New York, regardless of the name
or designation of such courts, shall be as  provided  in  the  following
subparagraphs.
  (i)  Civil  jurisdiction.  If the court has civil jurisdiction, but in
its exercise is governed by the UCCA pursuant to either paragraph one or
three of UCCA S 2300(c), no part of this act shall apply to such  court.
If  the  court  exercised  civil  jurisdiction  immediately prior to the
effective date of this act and in the exercise thereof the court was and
is not governed by the UCCA pursuant to either paragraph one or three of
UCCA S 2300(c), this act, with the exception  of  article  20  and  such
other  provisions hereof as are concerned with the criminal practice and
procedure, shall apply to the court. In such instance, the  basic  mone-
tary jurisdiction of the court, for purposes of article two of this act,
shall  be  as  elsewhere  provided by law for such court; and if the law
providing for the monetary jurisdiction of such court states no monetary
figure, but adopts by reference such figure as is supplied by a  differ-

A. 10945                           22

ent  law,  the reference shall be disregarded and the monetary jurisdic-
tion of such court, for purposes of article two of this  act,  shall  be
$500.
  (ii)  Criminal  jurisdiction.  Article  20 of this act, and such other
portions hereof as are concerned exclusively with criminal jurisdiction,
practice or procedure, shall not apply to any court established  in  and
for a city.]
  S 21. Section 99-k of the general municipal law is REPEALED.
  S  22.  The  opening paragraph of subdivision 1 of section 99-1 of the
general municipal law, as amended by chapter 452 of the laws of 1997, is
amended to read as follows:
  [Towns and villages, for their own respective benefits shall be  enti-
tled  to  receive  for]  FOR the services of the town [court and the] OR
village [court] in WHOSE FACILITY A JUSTICE COURT PRESIDES OVER A crimi-
nal [actions and] ACTION OR other [proceedings]  PROCEEDING,  THE  COURT
SHALL COLLECT ON BEHALF OF SUCH TOWN OR VILLAGE:
  S  23.  Subdivision 2 of section 99-m of the general municipal law, as
amended by chapter 465 of the laws  of  1998,  is  amended  to  read  as
follows:
  2.  A JUSTICE COURT FOR A town or village [court], INCLUDING A JUSTICE
COURT FOR MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED  SIX-A
OR  ARTICLE  TWENTY-TWO OR THE UNIFORM JUSTICE COURT ACT, shall be enti-
tled to a fee of two per centum of the amount of  bail  money  deposited
with  the  court in connection with a criminal action or proceeding over
which the court retains jurisdiction, other than an action or proceeding
in which the accusatory instrument charges one or more  traffic  infrac-
tions  only, and an additional fee of one per centum as provided herein.
The total fees on a sum of bail shall not,  however,  exceed  three  per
centum  and  [a  town  or  village]  SUCH court shall not be entitled to
collect such fees on bail transferred to a superior court. All  fees  on
bail  collected  by  [a town or village] SUCH court shall be paid to the
state comptroller by the court on or before the tenth day of  the  month
next  succeeding  their  collection,  except  as provided in subdivision
three of section ninety-nine-a of the state finance  law.  [Two]  FOR  A
JUSTICE  COURT  FOR A SINGLE TOWN OR VILLAGE ONLY, TWO per centum of the
bail moneys so collected shall be the property of  [the]  SUCH  town  or
village [in which the court reporting the same is located, and the]; FOR
A  JUSTICE  COURT  FOR  MULTIPLE  MUNICIPALITIES PURSUANT TO SECTION ONE
HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF THE UNIFORM  JUSTICE  COURT  ACT,
EACH  SUCH MUNICIPALITY SHALL SHARE SUCH TWO PER CENTUM IN PROPORTION TO
THE POPULATION OF EACH SUCH MUNICIPALITY AS MEASURED  IN  THE  PRECEDING
FEDERAL  DECENNIAL CENSUS OR ENUMERATION, AS THE STATE COMPTROLLER SHALL
PROVIDE. THE additional one per centum of  such  bail  moneys  shall  be
disbursed as provided in subdivision three of this section, and shall be
used  to  fund  the  alternatives to incarceration service plan approved
pursuant to article thirteen-A of the executive law for  the  county  in
which the [town or village] COURT is located.
  S  24.  Subdivision  3  of  section  99-a of the state finance law, as
amended by chapter 465 of the laws  of  1998,  is  amended  to  read  as
follows:
  3.  The  comptroller  is  hereby  authorized  to implement alternative
procedures, including guidelines in conjunction therewith,  relating  to
the  remittance  of  fines,  penalties,  forfeitures and other moneys by
[town and village] justice courts, and by the Nassau county traffic  and
parking  violations  agency,  to  the  justice  court  fund  and for the
distribution of such moneys by the justice court  fund.  Notwithstanding

A. 10945                           23

any  law  to  the  contrary,  the  alternative  procedures  utilized may
include:
  a. electronic funds transfer;
  b. remittance of funds by the justice court to the chief fiscal office
of  the  town  or  village[, or, in the case of]; FOR JUSTICE COURTS FOR
MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE
TWENTY-TWO OF THE UNIFORM JUSTICE COURT ACT, TO THE CHIEF FISCAL OFFICER
OF EACH SUCH MUNICIPALITY; AND FOR the Nassau county traffic and parking
violations agency, to the county  treasurer,  ALL  for  distribution  in
accordance with instructions by the comptroller; and/or
  c. monthly, rather than quarterly, distribution of funds.
  The comptroller may require such reporting and record keeping as he or
she  deems  necessary  to  ensure  the  proper distribution of moneys in
accordance with applicable laws. A justice court or  the  Nassau  county
traffic  and parking violations bureau may utilize these procedures only
when permitted by the comptroller, and such permission, once given,  may
subsequently be withdrawn by the comptroller on due notice.
  S  25.  Paragraph b of subdivision 1 and subdivision 2 of section 1803
of the vehicle and traffic law, paragraph b of subdivision 1 as  amended
by chapter 385 of the laws of 1999 and subdivision 2 as amended by chap-
ter 1097 of the laws of 1971, are amended to read as follows:
  b.  for  a  violation which occurs in a village in which the office of
village justice [is] WAS established ON THE EFFECTIVE  DATE  OF  ARTICLE
TWENTY-TWO  OF  THE UNIFORM JUSTICE COURT ACT, any fine or penalty shall
be paid to  the  village  in  which  the  violation  occurs,  when  such
violation  is  of (1) any of the provisions of title seven of this chap-
ter, but including violations of section eleven hundred eighty  OF  THIS
CHAPTER  only  when  occurring  in  state  parks for which the office of
parks, recreation and  historic  preservation  has  established  maximum
speed  limits pursuant to section sixteen hundred thirty OF THIS CHAPTER
and the violations could have been charged under either such established
maximum speed limits or  another  section  of  this  chapter,  and  when
involving  maximum  speed limits established pursuant to section sixteen
hundred forty-three,  sixteen  hundred  forty-four  or  sixteen  hundred
seventy  OF  THIS  CHAPTER,  and excluding violations of sections eleven
hundred eighty-two, eleven hundred ninety-two and twelve hundred  twelve
of this chapter, or (2) any ordinance, order, rule or regulation adopted
pursuant  to  article two-E of the transportation law or section sixteen
hundred thirty of this chapter by the East Hudson Parkway  Authority  or
by  its  successor,  or  the  County of Westchester Department of Parks,
Recreation and Conservation, or the state office  of  parks,  recreation
and  historic  preservation.  For purposes of this paragraph, violations
shall be deemed to be violations of any such ordinance, order,  rule  or
regulation  when  they  occur  on highways under the jurisdiction of the
enumerated entities and the violations could  have  been  charged  under
either  such ordinance, order, rule or regulation, or another section of
this chapter. Notwithstanding the foregoing  provisions  of  this  para-
graph,  all  fines, penalties and forfeitures for violation of a village
ordinance, local law or regulation adopted pursuant to the authorization
of paragraph six of subdivision (a) of section sixteen hundred forty  of
this chapter prohibiting, restricting or limiting the stopping, standing
or  parking of vehicles shall be paid to such village whether or not the
village has OR HAD established the office of village justice.
  2. Whenever a defendant is arrested and arraigned  before  a  judicial
officer  authorized  to conduct any proceedings in or in connection with
any prosecution triable in any local court of inferior jurisdiction [of]

A. 10945                           24

FOR a city [or before a], town [court,] or  [a]  village  [court]  on  a
charge in which the state is entitled to all fines and penalties under a
sentence  or  judgment of conviction such city, town or village shall be
entitled  to  receive the fees set forth in section ninety-nine-l of the
general municipal law and such fees shall be a state charge and paid  as
provided in section ninety-nine-a of the state finance law.
  S  26.  Section  45  of the agriculture and markets law, as amended by
chapter 892 of the laws of 1972, is amended to read as follows:
  S 45. Disposal of fines and moneys recovered.    Except  as  otherwise
provided  in this chapter, all moneys recovered, either as fines, penal-
ties, forfeitures  or  otherwise,  for  the  violation  of  any  of  the
provisions of this chapter, or of any other law the enforcement of which
is  within  the  jurisdiction  of the department, or of the rules of the
department,  and  all  bail  forfeited  by  persons  charged  with  such
violations,  shall  be the property of the state. Moneys so recovered by
[town justices] JUSTICE COURTS shall be paid to the state comptroller in
accordance with the provisions of section twenty-seven of the  town  law
[and]  EXCEPT  THAT  moneys  so  recovered by [village justices] JUSTICE
COURTS FOR ONE OR MORE VILLAGES ONLY shall be paid to  the  state  comp-
troller  in  accordance  with  the  provisions  of  section 4-410 of the
village law. The same disposal shall be made  of  all  moneys  recovered
upon  any  bond given by any officer by virtue of the provisions of this
chapter. Provided, however, that any such  moneys  collected  as  fines,
penalties or forfeitures as a result of a prosecution for a violation of
any of the provisions of article sixteen [and sixteen-a] of this chapter
and  all bail forfeited by persons charged with such violations shall be
the property of the county or city, as the case may  be,  in  which  the
alleged  offense  was  prosecuted and shall be paid to the treasurer, or
corresponding fiscal officer, of such county or city,  except  that  any
such  moneys  and  any  such  bail  forfeitures,  collected by [the town
justices or by village justices] JUSTICE COURTS shall  be  paid  to  the
state  comptroller  in  accordance with section twenty-seven of the town
law and MONEYS SO RECOVERED BY JUSTICE COURTS FOR ONE OR  MORE  VILLAGES
ONLY  SHALL  BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH section
4-410 of the village law, respectively.
  S 27. Subdivision 2 of section 71-0211 of the environmental  conserva-
tion  law,  as amended by chapter 460 of the laws of 1991, is amended to
read as follows:
  2. Unless otherwise provided in this chapter, not later than the tenth
day of each month, all fines, penalties and  forfeitures  collected  for
violations  of  this  chapter or rules, regulations, local laws or ordi-
nances adopted thereunder  under  judgment  of  any  [town  or  village]
JUSTICE  court[,] shall be paid over by such court to the comptroller of
the state, with a statement accompanying the  same,  setting  forth  the
action  or  proceeding in which such moneys were collected, the name and
residence of the defendant, the nature of the offense, and the fines and
penalty imposed. The comptroller shall pay these funds into the  general
fund of the state.
  S  28.  Subdivisions  2  and 3 of section 71-0507 of the environmental
conservation law, subdivision 3 as amended by chapter 400 of the laws of
1973, are amended to read as follows:
  2. Such actions, if in [justices' courts]  A  JUSTICE  COURT,  may  be
brought  in  THE  JUSTICE COURT FOR any town OR VILLAGE of the county in
which the penalty is incurred, or, if the defendant resides  in  another
county,  [in] FOR any town OR VILLAGE of the county in which the defend-
ant resides.

A. 10945                           25

  3. Moneys received by a [town justice or a village] justice  COURT  in
any  action  for  a penalty brought under the provisions of this chapter
listed in section 71-0501 [of] OR titles  5  through  15  inclusive  and
title  33  or upon the settlement or compromise thereof, or a fine for a
violation  of  the  provisions of this chapter listed in section 71-0501
and titles 5 through 15 inclusive and title 33 of this article shall  be
paid  to  the  State  Comptroller as provided in section 27 of the [Town
Law] TOWN LAW and section 4-410 of the village law. From the  moneys  so
received,  the  State Comptroller shall pay all lawful fees for services
rendered in such actions when instituted by order of the  department  or
upon  information  of  a  conservation  officer,  regional and assistant
regional conservation officer, special game protector, district  ranger,
forest ranger, or member of the state police. The balance of such moneys
arising  from penalties under articles 11 or 13 OF THIS CHAPTER or title
9 of this article or upon the settlement or compromise thereof  or  from
fines  for  violations of any of the provisions of articles 11 or 13  OF
THIS CHAPTER or title 9 of this article after the payment of lawful fees
shall be credited by the Comptroller to the conservation fund. The Comp-
troller shall adjust and settle his OR HER account with the conservation
fund in the manner provided by section 99-a of the [State  Finance  Law]
STATE FINANCE LAW. The balance of all other such moneys after payment of
lawful fees shall be credited by the Comptroller to the general fund.
  S 29. Section 71-0521 of the environmental conservation law is amended
to read as follows:
S 71-0521. Certificate by court [or justice].
  The  court  [or  justice],  other  than  a  [town justice or a village
police] justice COURT, before whom any person shall be tried  or  before
whom  a  compromise  of  the  civil  penalties  for  a  violation of any
provision of this chapter listed in section 71-0501 or  under  titles  5
through 15 inclusive and title 33 of this article, shall have been made,
or  the  clerk of the court, [if there be a clerk,] shall, at the termi-
nation of such trial or proceeding, forthwith mail  or  deliver  to  the
department at Albany, or to its representative at such trial or proceed-
ing, a certified statement of the disposition of the case or proceeding,
giving  the  date  thereof,  the  name of the defendant, the name of the
person upon whose information the action or proceeding  was  instituted,
the  date  and place of the violation, the name of each witness sworn in
support of the charges, and the costs of  the  court  [or  fees  of  the
justice],  and  the  fees  of the constable, if any.  Provided, however,
that a [town] justice [or a village police justice]  COURT  before  whom
any  person  shall  be  tried  or  before whom a compromise of the civil
penalties for a violation of any provision of  this  chapter  listed  in
section  71-0501  or under titles 5 through 15 inclusive and title 33 of
this article, shall have been made, OR THE CLERK OF  SUCH  COURT,  shall
forthwith  mail  or deliver to the department at Albany or to its repre-
sentative in attendance at  such  trial  or  proceeding  such  certified
statement,  and  within  the  first  ten days of the month following the
termination of such trial or proceeding deliver to the State Comptroller
at Albany a statement in such form as the Comptroller may  require.  The
Comptroller upon receipt of such statement shall, as provided in section
71-0507,  audit  the  bills  of the justice [of the peace] COURT and the
constable for fees in such trial or proceeding  and  shall  pay  to  the
persons  entitled  thereto  the  amounts allowed by such audit and shall
charge same to the conservation fund.
  S 30. Subdivision 2 of section 52 of the workers' compensation law, as
amended by chapter 6 of the laws of 2007, is amended to read as follows:

A. 10945                           26

  2. All fines imposed under this chapter, except  as  herein  otherwise
provided, shall be paid directly and immediately by the officer collect-
ing  the same to the [chairman] CHAIRPERSON, and shall be paid by him OR
HER  into  the  uninsured  employers'   fund   created   under   section
twenty-six-a  of  this  chapter,  provided, however, that all such fines
collected by [justices of towns and villages] JUSTICE  COURTS  shall  be
paid  to  the  state  comptroller  in  accordance with the provisions of
section twenty-seven of the town law and section 4-410  of  the  village
law respectively.
  S  31.  Subdivision  1  of  section 27.13 of the parks, recreation and
historic preservation law, as amended by chapter  292  of  the  laws  of
1980, is amended to read as follows:
  1. Not later than the tenth day of each month, all fines and penalties
collected  for  violations  of this chapter or rules, regulations, local
laws or ordinances adopted thereunder under judgment  of  any  [town  or
village]  JUSTICE court[,] shall be paid over by such court to the comp-
troller of the state, with a statement accompanying  the  same,  setting
forth  the action or proceeding in which such moneys were collected, the
name and residence of the defendant, the nature of the offense, and  the
fines and penalty imposed.
  All  fines  and  penalties collected for violations of this chapter by
courts operating pursuant to section thirty-nine of  the  judiciary  law
shall  be  paid  to  the state commissioner of taxation and finance on a
monthly basis no later than ten days after the last day of each month.
  S 32. Subdivisions 1 and 3 of section 201 of the  navigation  law,  as
amended  by  chapter  805  of  the  laws of 1992, are amended to read as
follows:
  1. On the first day of each month or within ten days  thereafter,  all
fines and penalties collected for violations of this chapter, except for
violations  of  article six OF THIS CHAPTER, under judgment of any [town
or village court or] justice COURT or pursuant to compromise,  shall  be
paid  over  by  such court [or justice] to the comptroller of the state,
with a statement accompanying the same,  setting  forth  the  action  or
proceeding  in  which such moneys were collected, the name and residence
of the defendant, the nature of the offense, and  the  fine  or  penalty
imposed.
  3.  All  fines and penalties imposed for violations of article four of
this chapter under judgment of any [town or village  court  or]  justice
COURT  or  pursuant  to compromise which are paid over by such court [or
justice] to the comptroller shall be deposited by the  comptroller  into
the  "I  love  NY waterways" boating safety fund established pursuant to
section ninety-seven-nn of the state finance law.
  S 33. This act shall take effect immediately.
  S 4. Severability. If any clause,  sentence,  paragraph,  subdivision,
section  or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if  such  invalid  provisions
had not been included herein.
  S  5.  This  act shall take effect immediately; provided, however that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.