STATE OF NEW YORK
________________________________________________________________________
3022--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 24, 2017
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Introduced by M. of A. FRIEND, PALMESANO -- read once and referred to
the Committee on Judiciary -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to establish a single town court to serve the towns of Erin and
Chemung
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. (a) The legislature hereby finds and declares that:
2 (i) In 2016, the towns of Erin and Chemung, in Chemung county, acted
3 in concert in an effort to establish a single town court having juris-
4 diction in both towns; and
5 (ii) in undertaking this effort, the two towns inadvertently failed to
6 comply with the necessary provisions of law - subdivision 1 of section
7 106-a of the uniform justice court act, as amended by chapter 205 of the
8 laws of 2016 - setting forth the process that must be followed in order
9 to establish a single town court serving the two towns, and section
10 106-b of the uniform justice court act, as added by chapter 87 of the
11 laws of 2008 - setting forth the process that must be followed in order
12 to provide for the election of a single town justice for the two towns.
13 (b) Notwithstanding any law to the contrary, such steps as the towns
14 of Erin and Chemung have heretofore taken to establish a single town
15 court having jurisdiction in both towns shall be deemed sufficient to
16 constitute such single town court solely for the period from the effec-
17 tive date of this act through December 31, 2017. Each of the town
18 justices of the towns of Erin and Chemung, in office on the effective
19 date of this act, shall be and shall serve as a town justice of such
20 single town court.
21 (c) Nothing in this act shall prevent the towns of Erin and Chemung
22 from establishing a single town court having jurisdiction in both towns
23 pursuant to the provisions of section 106-a of the uniform justice court
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07672-02-7
A. 3022--A 2
1 act, provided, however, such a court shall not be established prior to
2 January 1, 2018.
3 (d) Notwithstanding that the towns of Erin and Chemung are not adja-
4 cent to each other, the two towns may provide for the election of a
5 single town judge by complying with all other requirements of section
6 106-b of the uniform justice court act.
7 § 2. This act shall take effect immediately.
