Authorizes the town of Guilderland, county of Albany, to elect a third town justice.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the town law, in relation to providing for the election of a third town justice in the town of Guilderland in the county of Albany
PURPOSE OR GENERAL IDEA OF BILL: Authorizes the town of Guilderland, county of Albany, to elect a third town justice.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new paragraph (m) to subdivision 1 of section 20 of the town law.
Section 2: Effective date.
JUSTIFICATION: The Guilderland Town Court has become extremely busy due to Guilderland being the location of Crossgates Mall, one of the largest malls in the State of New York. Currently the two judges handle an excess of 5,500 cases each per year. The types of cases they are handling have become more complex with a substantial portion of the cases being more serious.
PRIOR LEGISLATIVE HISTORY: 2009/10: A.7845/S.4860
FISCAL IMPLICATIONS: None to the State. The Guilderland Town Supervisor estimated that the revenue generated from having this third town justice will cover the expense (approximately $60,000).
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 1164 A. 899 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 5, 2011 ___________IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. McENENY -- read once and referred to the Committee on Local Governments AN ACT to amend the town law, in relation to providing for the election of a third town justice in the town of Guilderland in the county of Albany THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 20 of the town law is amended by adding a new paragraph (m) to read as follows: (M) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE TOWN BOARD OF THE TOWN OF GUILDERLAND, COUNTY OF ALBANY MAY ADOPT A RESOLUTION, SUBJECT TO A PERMISSIVE REFERENDUM AS PROVIDED BY ARTICLE SEVEN OF THIS CHAPTER, AT LEAST SIXTY DAYS PRIOR TO ANY REGULAR OR SPECIAL ELECTION DETERMINING THAT SUCH TOWN SHALL HAVE THREE TOWN JUSTICES. IF THE TOWN BOARD OF SUCH TOWN SHALL HAVE ADOPTED SUCH A RESOLUTION AND NO PETITION SHALL HAVE BEEN FILED WITHIN THE TIME SPECIFIED FOR A REFERENDUM THEREON, OR IF A MAJORITY OF THE VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED TO THE VOTE OF THE ELECTORS BE IN THE AFFIRMATIVE, THE ELECTORS OF SUCH TOWN SHALL ELECT AT THE SUCCEEDING GENERAL ELECTION A TOWN JUSTICE WHO SHALL TAKE OFFICE FOR A TERM OF FOUR YEARS BEGINNING ON THE FIRST DAY OF JANUARY NEXT SUCCEEDING SUCH BIENNI- AL TOWN ELECTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02075-01-1