Senate Bill S2757

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2757
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05834-01-3
              

 S. 2757                             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 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.