Senate Bill S5532A

Signed By Governor

2011-2012 Legislative Session

Relates to the merger of the courts of the town and the village of Ossining

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 18, 2011	signed chap.146
Jul 08, 2011	delivered to governor
Jun 17, 2011	returned to senate passed assembly ordered to third reading rules cal.445 substituted for a8120a
Jun 16, 2011	referred to ways and means delivered to assembly passed senate
Jun 15, 2011	ordered to third reading cal.1290 committee discharged and committed to rules
Jun 10, 2011	print number 5532a
Jun 10, 2011	amend and recommit to local government
May 31, 2011	referred to local government

Votes

- Jun 16, 2011 - Floor Vote
  S5532A
  
  Aye
  
  62
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 16, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin

Bill Amendments

2011-S5532 - Details

See Assembly Version of this Bill:: A8120
Law Section:: Town Law
Laws Affected:: Amd §20, Town L

2011-S5532 - Summary

Relates to the merger of the courts of the town and the village of Ossining; provides for the abolition of the village court upon a resolution by the board of trustees of the village and for the transfer of non-judicial employees; provides for an additional justice in the town.

2011-S5532 - Sponsor Memo

                                BILL NUMBER:S5532

TITLE OF BILL:
An act
to amend the town law, in relation to the
merger of the Ossining town and
village courts

PURPOSE:
To dissolve the courts of the village of Ossining and merge them into
the courts of the town of Ossining.

SUMMARY OF PROVISIONS:
Section 1 grants the board of trustees of the village of Ossining the
authority to adopt a resolution to abolish the village courts,
effective January 1, 2012.

Section 2 stipulates that upon dissolution of the village of Ossining
courts, the town of Ossining will gain one additional justice for a
total of three town justices.

Section 3 provides that upon dissolution of the village of Ossining
courts, all non-judicial employees of the village court will be
transferred to the town of Ossining court at the same salary,
seniority, and comparable benefits.

Section 4 provides that upon dissolution of the village of Ossining
courts, all actions and proceedings pending in that court be
transferred to the town of Ossining court.

Section 5 stipulates that upon dissolution of the village of Ossining
courts, all fines resulting from the violation of a village law,
ordinance, or regulation shall be paid to the village.

Section 6 provides the authorization to the village of Ossining to
re-establish its courts if it chooses to do so. In such an
occurrence, the town of Ossining will be allowed to abolish one of
its town justice positions.

Section 7 sets the effective date.

JUSTIFICATION:
This is a home rule request from the town and village of Ossining.
Both entities believe that abolishing the courts of the village of
Ossining and then merging the personnel into the courts of the town
of Ossining will realize financial savings and enhance efficiency.
The savings will be realized through the normal attrition process.
Greater efficiency will be achieved through the elimination of
duplicative administrative responsibilities and the streamlining of
the adjudicative process.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Savings for the town and village of Ossining over time through
attrition of administrative offices.


EFFECTIVE DATE:
Immediately.

2011-S5532 - Bill Text download pdf

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

                                  5532

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 31, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to the merger of the  Ossining
  town and village courts

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

  Section 1. Notwithstanding any other provision of law,  the  board  of
trustees  of  the  village of Ossining, at least sixty days prior to the
regular election to be held in November 2011, may by resolution  abolish
the village court of such village, effective January 1, 2012.
  S  2. Subdivision 1 of section 20 of the town law is amended by adding
a new paragraph (o) to read as follows:
  (O) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL
LAW  TO  THE  CONTRARY, IN THE EVENT THE VILLAGE COURT OF THE VILLAGE OF
OSSINING, COUNTY OF WESTCHESTER, IS ABOLISHED EFFECTIVE JANUARY 1, 2012,
THE TOWN COURT OF THE TOWN OF OSSINING,  COUNTY  OF  WESTCHESTER,  SHALL
THEREUPON  HAVE  THREE  TOWN JUSTICES. THE OFFICE OF TOWN JUSTICE ESTAB-
LISHED BY THIS PARAGRAPH SHALL FIRST BE FILLED BY APPOINTMENT  EFFECTIVE
JANUARY  FIRST,  TWO  THOUSAND TWELVE, AND THEREAFTER BY ELECTION AT THE
NEXT REGULAR ELECTION.
  S 3. Unless otherwise provided by joint resolution  of  the  board  of
trustees  of  the  village of Ossining and the town board of the town of
Ossining, county  of  Westchester,  all  nonjudicial  employees  of  the
village  court  of  the  village  of Ossining upon the abolition of such
court pursuant to this act shall thereupon become nonjudicial  employees
of the town court of the town of Ossining at the same salary and senior-
ity with comparable benefits.
  S  4. Upon the abolition of the village court of the village of Ossin-
ing in accordance with this act, all actions and proceedings pending  in
such  court shall be transferred to the town court of the town of Ossin-
ing.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11635-03-1

S. 5532                             2

  S 5. 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.
  S  6. The village of Ossining shall have the right to re-establish the
office of village justice in accordance with the provisions  of  section
3-301  of  the  village  law.  The town of Ossining may abolish one town
justice position in the event that the village of Ossining re-establish-
es the office of village justice.
  S 7. This act shall take effect immediately.

2011-S5532A (ACTIVE) - Details

See Assembly Version of this Bill:: A8120
Law Section:: Town Law
Laws Affected:: Amd §20, Town L

2011-S5532A (ACTIVE) - Summary

2011-S5532A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5532A

TITLE OF BILL:
An act
to amend the town law, in relation to the
merger of the Ossining town and
village courts

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to
dissolve the courts of the Village of Ossining and merge them into
the courts of the Town of Ossining.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 grants the board of trustees of the village of Ossining the
authority to adopt a resolution to abolish the village courts,
effective January 1, 2012.

Section 2 stipulates that upon dissolution of the village of Ossining
courts, the town of Ossining will gain one additional justice for a
total of three town justices.

Section 3 provides that upon dissolution of the village of Ossining
courts, all non-judicial employees of the village court will be
transferred to the town of Ossining court at the same salary,
seniority, and comparable benefits.

Section 4 provides that upon dissolution of the village of Ossining
courts, all actions and proceedings pending in that court be
transferred to the town of Ossining court.

Section 5 stipulates that upon dissolution of the village of Ossining
courts, all fines resulting from the violation of a village law,
ordinance, or regulation shall be paid to the village.

Section 6 provides the authorization to the village of Ossining to
re-establish its courts if it chooses to do so. In such an occurrence,
the town of Ossining will be allowed to abolish one of its town
justice positions.

Section 7 sets the effective date.

JUSTIFICATION:
This is a home rule request from the town and village
of Ossining. Both entities believe that abolishing the courts of the
village of Ossining and then merging the personnel into the courts of
the town of Ossining will realize financial savings and enhance
efficiency. The savings will be realized through the normal attrition
process. Greater efficiency will be achieved through the elimination
of duplicative administrative responsibilities and the streamlining
of the adjudicative process.

PRIOR LEGISLATIVE HISTORY:
This is new legislation.

FISCAL IMPLICATIONS:


Savings for the town and village of Ossining over
time through attrition of administrative offices.

EFFECTIVE DATE:
This act shall take effect July 8, 2011; provided,
however, that if this act shall have become a law after such date it
shall take effect immediately and shall be deemed to have been in
full force and effect on and after July, 8, 2011

2011-S5532A (ACTIVE) - Bill Text download pdf

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

                                 5532--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 31, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the town law, in relation to the merger of the  Ossining
  town and village courts

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

  Section 1. The board of trustees of the village of Ossining, at  least
sixty  days  prior  to the regular election to be held in November 2011,
may by resolution abolish the village court and the  office  of  village
justice  of  such village, effective January 1, 2012; provided, however,
such village court may not be abolished unless the  town  board  of  the
town of Ossining shall have adopted a resolution agreeing to such aboli-
tion.
  S  2. Subdivision 1 of section 20 of the town law is amended by adding
a new paragraph (o) to read as follows:
  (O) IN THE EVENT THE VILLAGE COURT OF THE VILLAGE OF OSSINING,  COUNTY
OF  WESTCHESTER,  IS  ABOLISHED  EFFECTIVE  JANUARY  FIRST, TWO THOUSAND
TWELVE, THE TOWN COURT OF THE TOWN OF OSSINING, COUNTY  OF  WESTCHESTER,
SHALL  THEREUPON HAVE THREE TOWN JUSTICES. THE THIRD TOWN JUSTICE ESTAB-
LISHED BY THIS PARAGRAPH SHALL FIRST BE FILLED BY ELECTION AT THE  REGU-
LAR  ELECTION  HELD  IMMEDIATELY  PRIOR  TO THE DATE OF ABOLITION OF THE
VILLAGE COURT OF THE VILLAGE OF OSSINING AS PROVIDED BY THE ELECTION LAW
AND THE PUBLIC OFFICERS LAW.
  S 3. Unless otherwise provided by joint resolution  of  the  board  of
trustees  of  the  village of Ossining and the town board of the town of
Ossining, county  of  Westchester,  all  nonjudicial  employees  of  the
village  court  of  the  village  of Ossining upon the abolition of such
court pursuant to this act shall thereupon become nonjudicial  employees

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11635-08-1

S. 5532--A                          2

of the town court of the town of Ossining at the same salary and senior-
ity with comparable benefits.
  S  4. Upon the abolition of the village court of the village of Ossin-
ing in accordance with this act, all actions and proceedings pending  in
such  court shall be transferred to the town court of the town of Ossin-
ing.
  S 5. If the resolutions adopted pursuant to section one of this act so
provides, all fines imposed for the violation of a  village  local  law,
ordinance  or regulation, unless otherwise provided by law, shall be the
property of such village.
  S 6. The village of Ossining shall have the right to re-establish  the
village  court  and the office of village justice in accordance with the
provisions of section 3-301 of the village law. The town of Ossining may
abolish the third town justice as added by paragraph (o) of  subdivision
1  of  section  20 of the town law at the end of a four year term in the
event that the village of Ossining re-establishes the office of  village
justice;  provided,  however, that all nonjudicial employees of the town
court that were formerly nonjudicial  employees  of  the  village  court
shall  have  the  option  to  be transferred to the village court of the
village of Ossining at the same salary  and  seniority  with  comparable
benefits  as  when  they were nonjudicial employees of the town court of
the town of Ossining.
  S 7. This act shall take effect July 8, 2011; provided, however,  that
if this act shall have become a law after such date it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after July 8, 2011.

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Senate Bill S5532A

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Jun 16, 2011 - Floor Vote

Floor Vote: Jun 16, 2011

Bill Amendments

2011-S5532 - Details

2011-S5532 - Summary

2011-S5532 - Sponsor Memo

2011-S5532 - Bill Text download pdf

2011-S5532A (ACTIVE) - Details

2011-S5532A (ACTIVE) - Summary

2011-S5532A (ACTIVE) - Sponsor Memo

2011-S5532A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5532A

Signed By Governor

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

2011-S5532 - Details

2011-S5532 - Summary

2011-S5532 - Sponsor Memo

2011-S5532 - Bill Text download pdf

2011-S5532A (ACTIVE) - Details

2011-S5532A (ACTIVE) - Summary

2011-S5532A (ACTIVE) - Sponsor Memo

2011-S5532A (ACTIVE) - Bill Text download pdf

Comments