NY State Senate Bill S983

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2022	referred to local governments delivered to assembly passed senate
Jan 20, 2022	advanced to third reading
Jan 19, 2022	2nd report cal.
Jan 18, 2022	1st report cal.218
Jan 05, 2022	referred to local government returned to senate died in assembly
Mar 04, 2021	referred to local governments delivered to assembly passed senate
Feb 01, 2021	advanced to third reading
Jan 26, 2021	2nd report cal.
Jan 25, 2021	1st report cal.156
Jan 06, 2021	referred to local government

Votes

view votes

Feb 15, 2022 - floor Vote

S983

floor

Aye

Nay

Absent

Excused

Abstained

Jan 18, 2022 - Local Government committee Vote

S983

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 4, 2021 - floor Vote

S983

floor

Aye

Nay

Absent

Excused

Abstained

Jan 25, 2021 - Local Government committee Vote

S983

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S983 (ACTIVE) - Details

See Assembly Version of this Bill:: A5853
Law Section:: Village Law
Laws Affected:: Amd §3-301, Vil L
Versions Introduced in 2019-2020 Legislative Session:: S3994, A7491

S983 (ACTIVE) - Summary

Relates to authorizing the appointment of an additional associate village justice by villages.

S983 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S983

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would allow a village to appoint an additional associate
justice when one is so requested by the village justice, or in the
absence or inability to serve of the village justice or associate
justice.

 
SUMMARY OF PROVISIONS:

Section one amends section 3-301 of the village law to allow a village
that has one associate justice, by unanimous resolution of its 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 acting village justice to serve.

Section two is the effective date.

 
JUSTIFICATION:

Villages in New York are often lacking the appropriate number of
justices, which has resulted in overburdening existing justices with
unworkable caseloads, thereby delaying justice to residents who rely on
the courts to resolve their disputes. Currently, a village may have a
primary village justice who is an elected official, and then they may
appoint an associate justice to assist the village justice in carrying
out his or her duties. However, state law restricts the ability or a
village to appoint more than one associate justice without the enactment
special state legislation. By authorizing villages to provide for an
additional associate village justice through the adoption of a local
resolution, we can ensure that village courts have the capacity to fair-
ly and efficiently adjudicate cases.

The current system of awaiting the enactment of special legislation by
the state legislature only results in further backlog of cases within
the Village. Due to the face that Associate Village Justices are paid by
the appointing Village, no additional costs to the state will result.

 
LEGISLATIVE HISTORY:

2019/2020: S3994 - Passed Senate / A7491 - Referred to Local Government

2015/2016: S1245 - Passed in the Senate/ A8402- Referred to Local
Government

2013/2014: S6312 - Advanced to Third Reading

 
FISCAL IMPLICATIONS:

This legislation will result in a cost savings to the state and local
governments. Currently the state pays the salary of stand-in justices

appointed due to court crowding. Local governments will realize a fiscal
saving by negating the need for additional elections.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S983 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    983
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, KAPLAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local Government
 
 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.
                                                            LBD03904-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S983

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 15, 2022 - floor Vote

Floor Vote: Feb 15, 2022

Jan 18, 2022 - Local Government committee Vote

Local Government Committee Vote: Jan 18, 2022

Mar 4, 2021 - floor Vote

Floor Vote: Mar 4, 2021

Jan 25, 2021 - Local Government committee Vote

Local Government Committee Vote: Jan 25, 2021

Co-Sponsors

S983 (ACTIVE) - Details

S983 (ACTIVE) - Summary

S983 (ACTIVE) - Sponsor Memo

S983 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S983

Share this bill

Sponsored By

James Gaughran

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 15, 2022 - floor Vote

Floor Vote: Feb 15, 2022

Jan 18, 2022 - Local Government committee Vote

Local Government Committee Vote: Jan 18, 2022

Mar 4, 2021 - floor Vote

Floor Vote: Mar 4, 2021

Jan 25, 2021 - Local Government committee Vote

Local Government Committee Vote: Jan 25, 2021

Co-Sponsors

Leroy Comrie

Michelle Hinchey

Anna M. Kaplan

S983 (ACTIVE) - Details

S983 (ACTIVE) - Summary

S983 (ACTIVE) - Sponsor Memo

S983 (ACTIVE) - Bill Text download pdf

Comments