S T A T E   O F   N E W   Y O R K
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                                  8402

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2015
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the village law, in relation to authorizing the appoint-
  ment of an additional acting 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 555 of the laws of 2006, 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 acting 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 UNANI-
MOUS CONSENT OF THE VILLAGE BOARD OF TRUSTEES TO AUTHORIZE THE  APPOINT-
MENT  OF  A SECOND ACTING 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.  The  office  of  village  justice  is
continued  in every village in which it is now established. 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 referen-
dum, may abolish such office, but to take effect only upon  the  expira-
tion 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05240-01-5