Repeals the requirement of an undertaking by a surrogate or a county judge.

---

S6659-2011 Actions

• May 16, 2012: SUBSTITUTED BY A9480
• May 7, 2012: ADVANCED TO THIRD READING
• May 2, 2012: 2ND REPORT CAL.
• May 1, 2012: 1ST REPORT CAL.628
• Mar 8, 2012: REFERRED TO JUDICIARY

S6659-2011 Meetings

Judiciary: Apr 26, 2012, Judiciary: May 1, 2012

S6659-2011 Calendars

Active List: May 16, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012

S6659-2011 Votes

S6659-2011 Memo

BILL NUMBER:S6659

TITLE OF BILL:
An act
to repeal subdivision 3 of section 184 of the judiciary law, relating to
the requirement of an undertaking by a surrogate or a county judge

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Surrogate's Court Advisory Committee.

This measure would repeal subdivision three of section 184 of the
Judiciary Law as obsolete, unnecessary and a possible source of
mischief and misunderstanding. This bond requirement of Surrogates
and County Judges is obsolete. The function of a surety under this
statute has been superseded for all purposes by the State, commencing
when Surrogates became State officers in 1977, when the State took
over the expenses of all courts of the Unified Court System except
the town and village courts. L. 1976, c. 966. While Surrogates are
deemed "local officers" for purposes of filing of oaths of office
based upon the definitions in section 2 of the Public Officers Law,
they are "state officers" for purposes of filing of the undertaking
as it is the State that is fiscally responsible for the acts of
Surrogates and is the body "authorized to require the undertaking".
See Public Officers Law � 11(2). As to State officers, the State
Comptroller may waive the filing of any undertaking, blanket or
individual, as the State has become a self-insurer. Public Officers
Law, � 11(4). The Comptroller has waived the filing of undertakings
by Surrogates and County Judges and so Surrogates and County Judges
are now required to filed undertakings. The responsibility
for a Judge's individual obligation in the course of his or
her official duties to apply and pay over monies and effects as shall
come into his or her hands in the execution of his or her office has
been assumed by the state under the Public Officers Law.

This measure would have no fiscal impact on the State. It would take
effect immediately.

LEGISLATIVE HISTORY:
None. New proposal.

S6659-2011 Text

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

                                    6659

                              I N  SENATE

                                March 8, 2012
                                 ___________

  Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
    istration) -- read twice and ordered printed, and when printed  to  be
    committed to the Committee on Judiciary

  AN  ACT  to  repeal  subdivision  3 of section 184 of the judiciary law,
    relating to the requirement of an undertaking  by  a  surrogate  or  a
    county judge

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 3 of  section  184  of  the  judiciary  law  is
  REPEALED.
    S 2. This act shall take effect immediately.








   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14031-01-2