The New York State Senate

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

                                  7491

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2019
                               ___________

Introduced by M. of A. D'URSO -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the village law, in relation to authorizing the appoint-
  ment of an additional associate village justice by villages

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

  Section 1. Paragraph a of  subdivision  2  of  section  3-301  of  the
village  law,  as amended by chapter 259 of the laws of 2016, 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 associate justice who shall serve when  requested  by
the  village  justice  or  in  the  absence  or inability of the village
justice to serve. A VILLAGE THAT HAS ONE JUSTICE, MAY ADOPT A RESOLUTION
ON UNANIMOUS CONSENT OF THE VILLAGE BOARD OF TRUSTEES TO  AUTHORIZE  THE
APPOINTMENT  OF  A  SECOND  ASSOCIATE  VILLAGE  JUSTICE  TO  SERVE  WHEN
REQUESTED BY THE VILLAGE JUSTICE OR IN THE ABSENCE OR INABILITY  OF  THE
VILLAGE  JUSTICE  OR  ASSOCIATE  VILLAGE JUSTICE TO SERVE. The office of
village justice is continued in every village in which it is now  estab-
lished.  The  board  of trustees of any other village may establish such
office by resolution or local law, subject to a  permissive  referendum.
The board of trustees of any village by resolution or local law, subject
to  permissive  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.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD09734-01-9