S07883 Summary:

BILL NOS07883
 
SAME ASSAME AS A10139
 
SPONSORBONACIC
 
COSPNSR
 
MLTSPNSR
 
Amd SS121 & 131, Fam Ct Act
 
Relates to the number of judges of the family court in certain counties.
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S07883 Actions:

BILL NOS07883
 
06/16/2014REFERRED TO RULES
06/18/2014ORDERED TO THIRD READING CAL.1574
06/20/2014SUBSTITUTED BY A10139
 A10139 AMEND= Rules (Weinstein)
 06/16/2014referred to judiciary
 06/18/2014reported referred to ways and means
 06/18/2014reported referred to rules
 06/18/2014reported
 06/19/2014rules report cal.521
 06/19/2014ordered to third reading rules cal.521
 06/19/2014passed assembly
 06/19/2014delivered to senate
 06/19/2014REFERRED TO RULES
 06/20/2014SUBSTITUTED FOR S7883
 06/20/20143RD READING CAL.1574
 06/20/2014PASSED SENATE
 06/20/2014RETURNED TO ASSEMBLY
 06/23/2014delivered to governor
 06/26/2014signed chap.44
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S07883 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7883
 
                    IN SENATE
 
                                      June 16, 2014
                                       ___________
 
        Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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    § 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    §  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
    23  court judge in such county, the same as the compensation paid to a judge
    24  of the county court in such county.
    25    § 3. Section 131 of the family court act is amended by  adding  a  new
    26  subdivision (v) to read as follows:
    27    (v)  There  shall  be an additional family court judge for each of the
    28  following counties:  Delaware, Dutchess, Erie, Monroe, and  Warren.  The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15483-07-4

        S. 7883                             2
 

     1  compensation  of  each  such  additional family court judge shall be the
     2  same as the compensation paid to each existing family court judge in the
     3  county for which it is established or, if there is no separately-elected
     4  family  court judge in such county, the same as the compensation paid to
     5  a judge of the county court in such county.
     6    § 4. Notwithstanding provisions of the election law related to  desig-
     7  nating  petitions,  the  following  rules  shall  apply  to  designating
     8  petitions filed in 2014 for the offices created by section two  of  this
     9  act:
    10    1. A designating petition for the offices created under this act shall
    11  be  filed  not  earlier than the eighth Monday before and not later than
    12  the seventh Thursday preceding the primary election.

    13    2. A signature made earlier than thirteen days before the last day  to
    14  file  the  designating  petitions for the offices created under this act
    15  for the primary election shall not be counted.
    16    3. Petitions must be signed by not less than one and three-quarter per
    17  centum, as determined by the preceding enrollment, of the then  enrolled
    18  voters of the party residing within the county of the family court posi-
    19  tion  created  by  this  act  (excluding  voters  in  inactive  status),
    20  provided, however, that the number of signatures  need  not  exceed  the
    21  following limits:
    22    (a)  For  the  offices  to  be  filled  by  all the voters of counties
    23  containing more than two hundred fifty thousand inhabitants according to
    24  the last preceding federal enumeration, seven hundred signatures,
    25    (b) For the offices to be filled by all  of  the  voters  of  counties

    26  containing  more than twenty-five thousand and not more than two hundred
    27  fifty thousand inhabitants, according  to  the  last  preceding  federal
    28  enumeration, three hundred fifty signatures,
    29    (c) For the offices to be filled by all the voters for any other coun-
    30  ty, one hundred seventy-five signatures.
    31    4.  All  other  rules related to designating petitions in the election
    32  law, not inconsistent with these provisions shall apply to  such  desig-
    33  nating petitions.
    34    § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
    35  sion, section or part of this act shall be adjudged by a court of compe-
    36  tent  jurisdiction to be invalid, such judgment shall not affect, impair
    37  or invalidate the remainder thereof, but shall be confined in its opera-
    38  tion to the clause, sentence, paragraph, subdivision,  section  or  part

    39  thereof  directly  involved  in  the  controversy in which such judgment
    40  shall have been rendered.  It is hereby declared to be the intent of the
    41  legislature that this act would have been enacted even if  such  invalid
    42  provisions had not been included herein.
    43    §  6.  This act shall take effect immediately; provided, however, that
    44  the additional family court judges provided for by section two  of  this
    45  act  shall first be elected at the general election to be held in Novem-
    46  ber 2014 and shall first take office January 1, 2015; provided, further,
    47  that the additional family court judges provided for by section three of
    48  this act shall first be elected at the general election to  be  held  in
    49  November 2015 and shall first take office January 1, 2016.
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