S T A T E O F N E W Y O R K
________________________________________________________________________
9524
I N A S S E M B L Y
March 20, 2024
___________
Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
tee on Local Governments
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 513 of the laws of
2022 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-
cil members, a town clerk, a town superintendent of highways, three
assessors, 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 Sout-
hold, county of Suffolk, may appoint four additional constables, who
shall possess all the powers and duties of constables in civil and crim-
inal 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 council members, town
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05834-01-3
A. 9524 2
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 council member. Successors to such
officers 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.
First... the bill includes this gem, why are we authorizing the "deputization" of non police officers at the town level???? The bill says "if there be no town police department, as many constables as the town board may determine necessary.... 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."
So, who needs the IRS? We will just send out these Consealed Carry Licensed "Constables" to serve you your evictions. And they will earn a % of your the sale of your property, through statutory fees, also known as probate fees or probate costs. These fees are typically paid out of the assets of the estate, and are generally due when the estate is being settled.
Second. Think about this for a moment. One of the Town Board Members wants their pet project to be approved but other members ALL want their projects implemented as well. So, they talk amongst themselves and come up with a solution where everyone wins. The primary member of the Town Board has a "friend" that is an Assessor. They agree that they will Appoint that Assessor, who has agreed to increase taxes to cover the expenses of all their projects! Win win win!
We need to start doing background checks on these elected officials and demanding their tax records and disclosure of any LLCs that all family members have.
It's not gonna happen overnight but the first step in the PEOPLE taking back our power is stopping these Legislative bills before they are approved. SPEAK UP!