A10139 Summary:

BILL NO    A10139 

SAME AS    SAME AS S07883

SPONSOR    Rules (Weinstein)

COSPNSR    Rosenthal, Peoples-Stokes, Lupardo, Buchwald, Bronson, Jaffee,
           O'Donnell, Brindisi, Santabarbara, Fahy, Weprin, Ramos, Pretlow,
           Steck, Otis, Abinanti, Morelle, McDonald, Mayer, Schimel, Lavine,
           Englebright, Thiele, Weisenberg, Ryan, Hooper, Solages, Paulin,
           Hennessey, Barrett, Cahill, Dinowitz, Glick, Goodell, Nolan, Palumbo,
           Saladino, Sweeney

MLTSPNSR   

Amd SS121 & 131, Fam Ct Act

Relates to the number of judges of the family court in certain counties.
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A10139 Actions:

BILL NO    A10139 

06/16/2014 referred to judiciary
06/18/2014 reported referred to ways and means
06/18/2014 reported referred to rules
06/18/2014 reported 
06/19/2014 rules report cal.521
06/19/2014 ordered to third reading rules cal.521
06/19/2014 passed assembly
06/19/2014 delivered to senate
06/19/2014 REFERRED TO RULES
06/20/2014 SUBSTITUTED FOR S7883
06/20/2014 3RD READING CAL.1574
06/20/2014 PASSED SENATE
06/20/2014 RETURNED TO ASSEMBLY
06/23/2014 delivered to governor
06/26/2014 signed chap.44
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A10139 Votes:

A10139 06/19/2014 132/2
AbbateYCorwinYGlickYLavineYNolanYRozicYTitusY
AbinantYCrespoYGoldfedYLentolYOaksYRussellYWalterY
ArroyoYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteY
AubryYCurranYGottfriABLopezYOrtizYSaladinYWeisenbER
BarclayYCusickYGrafYLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaYScarborYWrightY
BenedetYDavilaYHawleyYMageeYPalumboYSchimelYZebrowsY
BlankenYDenDekkYHeastieERMagnareYPaulinYSchimmiYMr SpkrY
BorelliYDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrNOHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyYHikindYMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecY
ButlerYFitzpatYKatzYMillerYRamosYSteckY
CahillYFriendYKavanagYMillmanYRiveraYStirpeY
CamaraERGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerABMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyER
ColtonYGiglioYKolbYMoyaYRosaYThieleY
CookYGjonajYLalorYNojayNORosenthYTitoneY

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A10139 Memo:

BILL NUMBER:A10139

TITLE OF BILL:  An act to amend the family court act, in relation to
the number of judges of the family court

PURPOSE OF BILL: This measure would amend the Family Court Act to
establish 25 new Family Court judgeships.

SUMMARY OF PROVISIONS OF BILL:

Section 1: Would amend S 121 of the Family Court Act to increase the
number of Family Court Judges in the City of New York from 47 to 56.

Section 2: Would amend S 131 of the Family Court Act to increase the
number of Family Court Judges, each by one, in the following counties:
Albany, Broome, Chautauqua, Franklin, Nassau, Oneida, Oswego,
Schenectady, Suffolk, Ulster and Westchester.

Section 3: Would amend S 131 of the Family Court Act to increase the
number of family court judges in 2016, each by one, in the following
counties: Delaware, Dutchess, Erie, Monroe, and Warren.

Section 4: Establishes a special petitioning period for the judges to
be elected in November, 2014.

Section 5: Includes a severability clause.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  Amends S 121 and
S 131 of the Family Court Act.

JUSTIFICATION: This measure would amend the Family Court Act to
establish 25 new Family Court judgeships.

While the past several decades have seen increasing legislative
recognition of the needs of children and families in New York, in the
form of landmark statutes promoting child permanency and enhancing
family justice, these salutary efforts have not been matched by
provision for a corps of Family Court Judgeships sufficiently large to
meet the greater caseloads and complexity of proceedings in our courts
today. The consequences of this neglect, if not attended to soon, will
be disturbing, indeed heartbreaking - and utterly unacceptable:
justice delayed for children and families whose safety and welfare can
require immediate intervention, children growing up in foster care
instead of permanent homes, children graduating from Family Court to
Criminal Court instead of high school and college, missed
opportunities and spiraling inefficiency for juvenile and legal
defense agencies.

This measure will go a long way toward redressing this unintended and
lamentable condition. If enacted, it would represent the first major
infusion of new Family Court Judges in New York in over three decades
and begin to provide the state's family justice system with the
resources needed to protect the most vulnerable members of our
community.

LEGISLATIVE HISTORY: New bill, 2014.


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  $5 million for
the period from January 1, 2015 through March 31, 2015.

EFFECTIVE DATE: Immediately, provided that the judges created by
section two will first take office on January 1,2015 and the judges
created by section,3 will first take office on January 1, 2016.
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A10139 Text:

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

                                         10139

                                 I N  A S S E M B L Y

                                     June 16, 2014
                                      ___________

       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein,
         Rosenthal,  Peoples-Stokes,  Lupardo,   Buchwald,   Bronson,   Jaffee,
         O'Donnell,  Brindisi,  Santabarbara,  Fahy,  Weprin,  Ramos,  Pretlow,
         Steck, Otis, Abinanti,  Morelle,  McDonald,  Mayer,  Schimel,  Lavine,
         Englebright,   Thiele,  Weisenberg,  Ryan,  Hooper,  Solages,  Paulin,
         Hennessey, Barrett, Cahill, Glick, Goodell, Nolan, Palumbo,  Saladino,
         Sweeney) -- read once and referred to the Committee on Judiciary

       AN ACT to amend the family court act, in relation to the number of judg-
         es of the family court

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

    1    Section 1. Section 121 of the family court act, as amended by  chapter
    2  209 of the laws of 1990, is amended to read as follows:
    3    S  121. Number of judges. The family court within the city of New York
    4  shall consist of [forty-four judges and,  as  of  July  first,  nineteen
    5  hundred  ninety,  shall  consist  of  forty-five judges and, as of April
    6  first,  nineteen  hundred  ninety-one,  shall  consist  of  forty-seven]
    7  FIFTY-SIX  judges,  EFFECTIVE  JANUARY  FIRST, TWO THOUSAND FIFTEEN. [At
    8  least one of the persons appointed to the office of judge of the  family
    9  court  created  by  this  section,  shall be a resident of the county of
   10  Richmond and hereafter there] THERE shall be at least one  family  court
   11  judge  resident  in  each county of the city of New York. [The amount of
   12  compensation for such new family court judges  shall  be  equal  to  the
   13  compensation  payable to existing family court judges in the city of New
   14  York.]
   15    S 2. Section 131 of the family court act is amended by  adding  a  new
   16  subdivision (u) to read as follows:
   17    (U)  THERE  SHALL  BE AN ADDITIONAL FAMILY COURT JUDGE FOR EACH OF THE
   18  FOLLOWING COUNTIES:  ALBANY, BROOME, CHAUTAUQUA, FRANKLIN, NASSAU, ONEI-
   19  DA, OSWEGO, SCHENECTADY, SUFFOLK, ULSTER AND  WESTCHESTER.  THE  COMPEN-
   20  SATION  OF  EACH SUCH ADDITIONAL FAMILY COURT JUDGE SHALL BE THE SAME AS
   21  THE COMPENSATION PAID TO EACH EXISTING FAMILY COURT JUDGE IN THE  COUNTY
   22  FOR WHICH IT IS ESTABLISHED OR, IF THERE IS NO SEPARATELY-ELECTED FAMILY

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15483-07-4
       A. 10139                            2

    1  COURT JUDGE IN SUCH COUNTY, THE SAME AS THE COMPENSATION PAID TO A JUDGE
    2  OF THE COUNTY COURT IN SUCH COUNTY.
    3    S  3.  Section  131 of the family court act is amended by adding a new
    4  subdivision (v) to read as follows:
    5    (V) THERE SHALL BE AN ADDITIONAL FAMILY COURT JUDGE FOR  EACH  OF  THE
    6  FOLLOWING  COUNTIES:   DELAWARE, DUTCHESS, ERIE, MONROE, AND WARREN. THE
    7  COMPENSATION OF EACH SUCH ADDITIONAL FAMILY COURT  JUDGE  SHALL  BE  THE
    8  SAME AS THE COMPENSATION PAID TO EACH EXISTING FAMILY COURT JUDGE IN THE
    9  COUNTY FOR WHICH IT IS ESTABLISHED OR, IF THERE IS NO SEPARATELY-ELECTED
   10  FAMILY  COURT JUDGE IN SUCH COUNTY, THE SAME AS THE COMPENSATION PAID TO
   11  A JUDGE OF THE COUNTY COURT IN SUCH COUNTY.
   12    S 4. Notwithstanding provisions of the election law related to  desig-
   13  nating  petitions,  the  following  rules  shall  apply  to  designating
   14  petitions filed in 2014 for the offices created by section two  of  this
   15  act:
   16    1. A designating petition for the offices created under this act shall
   17  be  filed  not  earlier than the eighth Monday before and not later than
   18  the seventh Thursday preceding the primary election.
   19    2. A signature made earlier than thirteen days before the last day  to
   20  file  the  designating  petitions for the offices created under this act
   21  for the primary election shall not be counted.
   22    3. Petitions must be signed by not less than one and three-quarter per
   23  centum, as determined by the preceding enrollment, of the then  enrolled
   24  voters of the party residing within the county of the family court posi-
   25  tion  created  by  this  act  (excluding  voters  in  inactive  status),
   26  provided, however, that the number of signatures  need  not  exceed  the
   27  following limits:
   28    (a)  For  the  offices  to  be  filled  by  all the voters of counties
   29  containing more than two hundred fifty thousand inhabitants according to
   30  the last preceding federal enumeration, seven hundred signatures,
   31    (b) For the offices to be filled by all  of  the  voters  of  counties
   32  containing  more than twenty-five thousand and not more than two hundred
   33  fifty thousand inhabitants, according  to  the  last  preceding  federal
   34  enumeration, three hundred fifty signatures,
   35    (c) For the offices to be filled by all the voters for any other coun-
   36  ty, one hundred seventy-five signatures.
   37    4.  All  other  rules related to designating petitions in the election
   38  law, not inconsistent with these provisions shall apply to  such  desig-
   39  nating petitions.
   40    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   41  sion, section or part of this act shall be adjudged by a court of compe-
   42  tent  jurisdiction to be invalid, such judgment shall not affect, impair
   43  or invalidate the remainder thereof, but shall be confined in its opera-
   44  tion to the clause, sentence, paragraph, subdivision,  section  or  part
   45  thereof  directly  involved  in  the  controversy in which such judgment
   46  shall have been rendered.  It is hereby declared to be the intent of the
   47  legislature that this act would have been enacted even if  such  invalid
   48  provisions had not been included herein.
   49    S  6.  This act shall take effect immediately; provided, however, that
   50  the additional family court judges provided for by section two  of  this
   51  act  shall first be elected at the general election to be held in Novem-
   52  ber 2014 and shall first take office January 1, 2015; provided, further,
   53  that the additional family court judges provided for by section three of
   54  this act shall first be elected at the general election to  be  held  in
   55  November 2015 and shall first take office January 1, 2016.
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