Bill Text: NY S04945 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to town justices of the town of Rye following the dissolution of the Port Chester village court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-04 - SUBSTITUTED BY A5471 [S04945 Detail]

Download: New_York-2021-S04945-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4945

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 19, 2021
                                       ___________

        Introduced  by  Sen.  MAYER  -- 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 town justices of  the  town
          of Rye following the dissolution of the Port Chester village court

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The board of trustees of the village of Port Chester may by
     2  local law, subject to permissive referendum, abolish the  village  court
     3  and  the  office  of  village justice of such village, effective May 15,
     4  2021.
     5    § 2. Subdivision 1 of section 20 of the town law is amended by  adding
     6  a new paragraph (q) to read as follows:
     7    (q)  In  the  event  the village court of the village of Port Chester,
     8  county of Westchester, is abolished effective May fifteenth,  two  thou-
     9  sand  twenty-one, the town court of the town of Rye, county of Westches-
    10  ter, shall thereupon have four town justices. The third and fourth  town
    11  justices  established  pursuant  to  this  paragraph  shall be filled by
    12  election at the regular election held  immediately  after  the  date  of
    13  abolition  of  the  village  court  of  the  village  of Port Chester as
    14  provided by the election law and the public officers law.
    15    § 3. Upon the abolition of the village court of the  village  of  Port
    16  Chester in accordance with this act, all actions and proceedings pending
    17  in such court shall be transferred to the town court of the town of Rye.
    18    §  4.  Unless  otherwise  provided  by  law, all fines imposed for the
    19  violation of a village local law, ordinance or regulation shall  be  the
    20  property of such village.
    21    §  5. The village of Port Chester shall have the right to re-establish
    22  the village court and the office of village justice in  accordance  with
    23  the provisions of section 3-301 of the village law.  The town of Rye may
    24  abolish  the  third  and  fourth  justices  as added by paragraph (q) of
    25  subdivision 1 of section 20 of the town law at the end of  a  four  year

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09638-04-1
        S. 4945                             2

     1  term  in  the  event that the village of Port Chester re-establishes the
     2  office of village justice.
     3    §  6.  Upon  the abolition of the village court of the village of Port
     4  Chester effective May 15, 2021, the town board of the town of  Rye  may:
     5  (a)  appoint an acting third and fourth town justice to serve until such
     6  position is filled by election at the regular election held  immediately
     7  after  the abolition of the village court of the village of Port Chester
     8  pursuant to paragraph (q) of subdivision 1 of section  20  of  the  town
     9  law.
    10    (b)  by  local  law  provide  for  a single term of two years for such
    11  fourth town justice who shall serve a  single  term  of  two  years,  as
    12  provided in such local  law, commencing on the first day of the official
    13  year  following  his  or  her  election  in  order  to provide that town
    14  justices shall thereafter be elected for a full four year term.
    15    § 7. This act shall take effect immediately and  shall  be  deemed  to
    16  have been in full force and effect on and after October 5, 2020.