S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3047
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04420-01-5
              

 A. 3047                             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 their term as an elected assessor.
   § 3. This act shall take effect immediately.