|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 26, 2014||signed chap.44|
|Jun 23, 2014||delivered to governor|
|Jun 20, 2014||returned to assembly|
3rd reading cal.1574
substituted for s7883
|Jun 20, 2014||substituted by a10139|
|Jun 18, 2014||ordered to third reading cal.1574|
|Jun 16, 2014||referred to rules|
senate Bill S7883Signed By Governor
Relates to the number of judges of the family court
Archive: Last Bill Status Via A10139 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (9)
Jun 20, 2014 - floor VoteA10139581floor58Aye1Nay0Absent2Excused0Abstained
show floor vote details
Floor Vote: Jun 20, 2014aye (58)
Jun 18, 2014 - Rules committee VoteS7883230committee23Aye0Nay0Aye with Reservations0Absent1Excused1Abstained
- show floor vote details
S7883 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§121 & 131, Fam Ct Act
S7883 - Bill Texts
Relates to the number of judges of the family court in certain counties.
view sponsor memo
TITLE OF BILL: An act to amend the family court act, in relation to the
number of judges of the family court
PURPOSE: This measure would amend the Family Court Act to establish 25
new Family Court judgeships.
SUMMARY OF PROVISIONS: Section 1: Would amend § 121 of the Family Court
Act to increase the number. of Family Court Judges in the City of New
York from 47 to 56.
Section 2: Would amend § 131 of the Family Court Act to increase the
number of Family Court Judges, each by one, in the following counties:
Albany, Broome, Chautauqua, Franklin, Nassau, Oneida, Oswego, Schenecta-
dy, Suffolk, Ulster and Westchester.
Section 3: Would amend § 131 of the Family Court. Act to increase the
number of family court judges in 2016, each by one, in the following
counties: Delaware, Dutchess, Erie, Monroe, and Warren.
Section 4: Establishes a special petitioning period for the judges to be
elected in November, 2014.
Section 5: Includes a severability clause.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
§ 131 of the Family Court Act.
JUSTIFICATION: This measure would amend the Family Court Act to estab-
lish 25 new Family Court judgeships. While the past several decades
have seen increasing legislative recognition of the needs of children
and families in New York, in the form of landmark statutes promoting
child permanency and enhancing family justice, these salutary efforts
have not been matched by provision for a corps of Family Court. Judge-
ships sufficiently large to meet the greater caseloads and complexity of
proceedings in our courts today. The consequences Of this neglect, if
not attended to soon, will be disturbing, indeed heartbreaking and
utterly unacceptable: justice delayed for children and families whose
safety and welfare can require immediate intervention, children growing
up in foster care instead of permanent homes, children graduating from
Family Court to Criminal Court instead of high school and college,
missed opportunities and spiraling inefficiency for juvenile and legal
defense agencies. This measure will go a long way toward redressing
this lamentable condition. If enacted, it would represent the first
major infusion of new Family Court Judges in New York in over three
decades and begin to provide the state's family justice system with the
resources needed to protect the most vulnerable members of our communi-
PRIOR LEGISLATIVE HISTORY: New bill, 2014.
FISCAL IMPLICATIONS: $5 million for the period from January 1, 2015
through March 31, 2015.
EFFECTIVE DATE: Immediately, provided that the judges created by section
two will first take office on January 1,2015 and the judges created by
section, 3 will first take office on January 1, 2016.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 7883 I N S E N A T E June 16, 2014 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act, in relation to the number of judg- es of the family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 121 of the family court act, as amended by chapter 209 of the laws of 1990, is amended to read as follows: S 121. Number of judges. The family court within the city of New York shall consist of [forty-four judges and, as of July first, nineteen hundred ninety, shall consist of forty-five judges and, as of April first, nineteen hundred ninety-one, shall consist of forty-seven] FIFTY-SIX judges, EFFECTIVE JANUARY FIRST, TWO THOUSAND FIFTEEN. [At least one of the persons appointed to the office of judge of the family court created by this section, shall be a resident of the county of Richmond and hereafter there] THERE shall be at least one family court judge resident in each county of the city of New York. [The amount of compensation for such new family court judges shall be equal to the compensation payable to existing family court judges in the city of New York.] S 2. Section 131 of the family court act is amended by adding a new subdivision (u) to read as follows: (U) THERE SHALL BE AN ADDITIONAL FAMILY COURT JUDGE FOR EACH OF THE FOLLOWING COUNTIES: ALBANY, BROOME, CHAUTAUQUA, FRANKLIN, NASSAU, ONEI- DA, OSWEGO, SCHENECTADY, SUFFOLK, ULSTER AND WESTCHESTER. THE COMPEN- SATION OF EACH SUCH ADDITIONAL FAMILY COURT JUDGE SHALL BE THE SAME AS THE COMPENSATION PAID TO EACH EXISTING FAMILY COURT JUDGE IN THE COUNTY FOR WHICH IT IS ESTABLISHED OR, IF THERE IS NO SEPARATELY-ELECTED FAMILY COURT JUDGE IN SUCH COUNTY, THE SAME AS THE COMPENSATION PAID TO A JUDGE OF THE COUNTY COURT IN SUCH COUNTY. S 3. Section 131 of the family court act is amended by adding a new subdivision (v) to read as follows: (V) THERE SHALL BE AN ADDITIONAL FAMILY COURT JUDGE FOR EACH OF THE FOLLOWING COUNTIES: DELAWARE, DUTCHESS, ERIE, MONROE, AND WARREN. THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15483-07-4 S. 7883 2 COMPENSATION OF EACH SUCH ADDITIONAL FAMILY COURT JUDGE SHALL BE THE SAME AS THE COMPENSATION PAID TO EACH EXISTING FAMILY COURT JUDGE IN THE COUNTY FOR WHICH IT IS ESTABLISHED OR, IF THERE IS NO SEPARATELY-ELECTED FAMILY COURT JUDGE IN SUCH COUNTY, THE SAME AS THE COMPENSATION PAID TO A JUDGE OF THE COUNTY COURT IN SUCH COUNTY. S 4. Notwithstanding provisions of the election law related to desig- nating petitions, the following rules shall apply to designating petitions filed in 2014 for the offices created by section two of this act: 1. A designating petition for the offices created under this act shall be filed not earlier than the eighth Monday before and not later than the seventh Thursday preceding the primary election. 2. A signature made earlier than thirteen days before the last day to file the designating petitions for the offices created under this act for the primary election shall not be counted. 3. Petitions must be signed by not less than one and three-quarter per centum, as determined by the preceding enrollment, of the then enrolled voters of the party residing within the county of the family court posi- tion created by this act (excluding voters in inactive status), provided, however, that the number of signatures need not exceed the following limits: (a) For the offices to be filled by all the voters of counties containing more than two hundred fifty thousand inhabitants according to the last preceding federal enumeration, seven hundred signatures, (b) For the offices to be filled by all of the voters of counties containing more than twenty-five thousand and not more than two hundred fifty thousand inhabitants, according to the last preceding federal enumeration, three hundred fifty signatures, (c) For the offices to be filled by all the voters for any other coun- ty, one hundred seventy-five signatures. 4. All other rules related to designating petitions in the election law, not inconsistent with these provisions shall apply to such desig- nating petitions. S 5. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by a court of compe- tent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its opera- tion 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 6. This act shall take effect immediately; provided, however, that the additional family court judges provided for by section two of this act shall first be elected at the general election to be held in Novem- ber 2014 and shall first take office January 1, 2015; provided, further, that the additional family court judges provided for by section three of this act shall first be elected at the general election to be held in November 2015 and shall first take office January 1, 2016.
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