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S06770 Summary:

S06770 Actions:

S06770 Committee Votes:

S06770 Floor Votes:

S06770 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6770
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      June 16, 2017
                                       ___________
 
        Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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
    24  act, provided, however, such a court shall not be established  prior  to
    25  January 1, 2018.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07672-04-7
        S. 6770                             2
 
     1    (d)  Notwithstanding  that the towns of Erin and Chemung are not adja-
     2  cent to each other, the two towns may provide  for  the  election  of  a
     3  single  town  judge  by complying with all other requirements of section
     4  106-b of the uniform justice court act.
     5    § 2. This act shall take effect immediately.