Senate Bill S1877

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1877
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 requiring  the  appointment
   of assessors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (b) and (f) of subdivision 1 of  section  20  of
 the  town  law,  paragraph  (b) as amended by chapter 688 of the laws of
 2002 and paragraph (f) as amended by chapter 472 of the  laws  of  1984,
 are amended to read as follows:
   (b)  Except  as  otherwise  provided  by law, every town of the second
 class shall have a supervisor, two justices of the peace, two town coun-
 cilmen, a town clerk, a town superintendent of  highways,  three  asses-
 sors,  a  collector, and, if there be no town police department, as many
 constables as the town board may determine necessary. In any  such  town
 in  which a town police department has been established pursuant to law,
 the town board may appoint not more than four civil officers  who  shall
 possess  all  the  powers  and duties of constables in civil actions and
 proceedings only, except that the town board of the  town  of  Southold,
 county  of  Suffolk,  may  appoint four additional constables, who shall
 possess all the powers and duties of constables in  civil  and  criminal
 actions  and  proceedings,  solely  for  the  benefit  of Fishers Island
 located in such town; provided, however, that nothing in this  paragraph
 shall be deemed to authorize such constables to carry, repair or dispose
 of  a  firearm  unless the appropriate license therefore has been issued
 pursuant to section 400.00 of the penal law; and shall be paid no salary
 by the town board but shall be entitled to collect  the  statutory  fees
 allowed  by law in such civil actions and proceedings. Every town of the
 second class may have in addition such other employees as the town board
 may determine necessary for the proper conduct of  the  affairs  of  the
 town.  The  supervisor,  justices  of  the  peace, town councilmen, town
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06041-01-1

 S. 1877                             2
 
 clerk, town superintendent of highways[,  assessors]  and  collector  in
 every  such town shall be elected. All other town officers and employees
 in such a town shall be appointed by the town board, except as otherwise
 provided  by  law.  Provided,  however,  that in a town having less than
 three hundred inhabitants according to the  latest  federal  census  and
 having  a  taxable  property valuation of less than one hundred thousand
 dollars according to the latest assessment roll, there shall be  elected
 one  justice of the peace for a term of four years [and one assessor for
 a term of two years,] but no town councilman. Successors to  such  offi-
 cers shall be elected for like terms at the biennial town election prior
 to  the expiration of their terms of office. The clerk of the court of a
 town shall be employed and discharged  from  employment  only  upon  the
 advice and consent of the town justice or justices.
   (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
 sion, every town of the second class [which has not exercised the option
 to retain elective assessors in the manner provided  by  former  section
 fifteen  hundred  fifty-six of the real property tax law] shall have one
 assessor to be appointed in the manner and for the  term  prescribed  by
 section three hundred ten of the real property tax law.
   § 2. An elected assessor who cannot be reelected due to section one of
 this act may complete his or her term as an elected assessor.
   § 3. This act shall take effect immediately.