Bill Text: NY A05647 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the justice court efficiency and modernization act, which strengthens the justice court system, creates a process for the limited sharing of justice courts and better supports local governments in their operation and administration of courts.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A05647 Detail]
Download: New_York-2011-A05647-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5647
2011-2012 Regular Sessions
I N A S S E M B L Y
February 24, 2011
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Judiciary
AN ACT to amend the uniform justice court act, in relation to local
justice reform commissions; and to repeal article 22 of such act
relating to justice court procedure (Part A); to amend the uniform
justice court act, the village law, the judiciary law and the town
law, in relation to justice court administration (Part B); to amend
the uniform justice court act, in relation to qualifications and
requirements for town and village justices (Part C); and to amend the
uniform justice court act, the general municipal law, the state
finance law, the vehicle and traffic law, the agriculture and markets
law, the environmental conservation law, the workers' compensation
law, the parks, recreation and historic preservation law and the navi-
gation law, in relation to town, village and justice courts; and to
repeal certain provisions of the uniform justice court act and the
general municipal law relating to jury terms and jurors (Part D)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "justice court efficiency and modernization act".
3 S 2. This act enacts into law major components of legislation relating
4 to the "justice court efficiency and modernization act". Each component
5 of this act is wholly contained within a Part identified as Parts A
6 through D. The effective date for each particular provision contained
7 within such Part is set forth in the last section of such Part. Any
8 provision in any section contained within a Part, including the effec-
9 tive date of the Part, which makes reference to a section "of this act",
10 when used in connection with that particular component, shall be deemed
11 to mean and refer to the corresponding section of the Part in which it
12 is found. Section five of this act sets forth the general effective
13 date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00383-01-1
A. 5647 2
1 S 3. Declaration of legislative findings. The legislature declares
2 that the town and village justice courts are a backbone of the state
3 civil and criminal justice systems and are indispensable to ensuring
4 proximate access to justice across the state. The legislature therefore
5 reaffirms New York state's three-century commitment to local adjudi-
6 cations and a vibrant justice court system. The legislature finds,
7 however, that many town and village justice courts are not structured,
8 funded, equipped or secured to meet modern standards for the safe and
9 cost-effective administration of justice, and that necessary improve-
10 ments to the justice court system cannot timely or efficiently be
11 achieved given the proliferation and independent administration of indi-
12 vidual courts in each of over 1,250 towns and villages statewide. The
13 legislature further finds that this fragmentation increases the cost and
14 decreases the effectiveness of many instrumentalities of state and coun-
15 ty government interacting with these courts, including prosecutors,
16 defenders, county probation departments and law enforcement agencies,
17 the office of the state comptroller and numerous executive-branch agen-
18 cies. To properly balance the public interest in proximate access to
19 justice against the pressing need for systemic reform, it is the intent
20 of the legislature to strengthen the justice court system, create a
21 process for the limited sharing of justice courts and better support the
22 vital roles that local governments help perform in their operation and
23 administration.
24 PART A
25 Section 1. Article 22 of the uniform justice court act is REPEALED and
26 a new article 22 is added to read as follows:
27 ARTICLE 22
28 SHARING OF JUSTICE COURTS
29 SECTION 2201. LOCAL JUSTICE REFORM COMMISSIONS.
30 2202. COMBINATION PLANS.
31 2203. COMMISSION PROCEDURE.
32 2204. TRANSITION PROVISIONS.
33 2205. CONSTRUCTION.
34 S 2201. LOCAL JUSTICE REFORM COMMISSIONS.
35 (A) THERE IS HEREBY ESTABLISHED IN EACH COUNTY WITH POPULATIONS LESS
36 THAN ONE MILLION AND HAVING TOWN COURTS ON THE EFFECTIVE DATE OF THIS
37 ARTICLE A LOCAL JUSTICE REFORM COMMISSION TO IMPROVE THE EFFICIENCY AND
38 EFFECTIVENESS OF THE JUSTICE COURT SYSTEM IN SUCH COUNTY. IN ACCORDANCE
39 WITH THE PROVISIONS OF THIS ARTICLE, EACH COMMISSION SHALL:
40 1. EXAMINE AND EVALUATE THE FACILITIES, OPERATIONS AND COST-EFFECTIVE-
41 NESS OF PROPERLY MAINTAINING EACH AND ALL OF THE TOWN AND VILLAGE COURTS
42 IN SUCH COUNTY;
43 2. DETERMINE, BASED ON THE CRITERIA SPECIFIED IN SUBDIVISION (B) OF
44 SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE, WHICH LOCALITIES IN SUCH
45 COUNTY SHOULD SHARE THE SERVICES OF A SINGLE JUSTICE COURT; AND
46 3. EXAMINE, EVALUATE AND MAKE RECOMMENDATIONS WITH REGARD TO THE
47 PROVISION OF PROSECUTION, PUBLIC DEFENSE, PROBATION, PRISONER DETENTION
48 AND TRANSPORT, AND OTHER COUNTY AND LOCAL SERVICES AFFECTING THE
49 COST-EFFECTIVE ADMINISTRATION OF JUSTICE IN THE JUSTICE COURTS OF SUCH
50 COUNTY.
51 (B) EACH COMMISSION SHALL CONSIST OF NINE VOTING MEMBERS AND THREE EX
52 OFFICIO MEMBERS AS FOLLOWS:
53 1. THE VOTING MEMBERS OF THE COMMISSION SHALL BE:
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1 (I) THE COUNTY EXECUTIVE, PROVIDED THAT IF THERE BE NO ELECTIVE COUNTY
2 EXECUTIVE, THEN THE COUNTY MANAGER OR, IF THERE BE NO COUNTY MANAGER,
3 THEN THE CHIEF FISCAL OFFICER OF THE COUNTY OR OTHERWISE AS THE COUNTY
4 LEGISLATURE MAY PROVIDE;
5 (II) THE CHAIR OF THE COUNTY LEGISLATURE;
6 (III) THE MINORITY LEADER OF THE COUNTY LEGISLATURE, PROVIDED THAT IF
7 THERE BE NO MINORITY PARTY MEMBER OF THE COUNTY LEGISLATURE, THEN A
8 SECOND MEMBER OF THE COUNTY LEGISLATURE DESIGNATED THEREBY;
9 (IV) A TOWN JUSTICE IN THE COUNTY, DESIGNATED BY THE MAGISTRATES ASSO-
10 CIATION FOR SUCH COUNTY, PROVIDED THAT IF THERE BE NO SUCH MAGISTRATES
11 ASSOCIATION OR IT SHALL FAIL TO TIMELY MAKE SUCH APPOINTMENT, THEN BY
12 THE NEW YORK STATE MAGISTRATES ASSOCIATION;
13 (V) A VILLAGE JUSTICE IN THE COUNTY, DESIGNATED BY THE MAGISTRATES
14 ASSOCIATION FOR SUCH COUNTY, PROVIDED THAT IF THERE BE NO SUCH MAGIS-
15 TRATES ASSOCIATION OR IT SHALL FAIL TO TIMELY MAKE SUCH APPOINTMENT,
16 THEN BY THE NEW YORK STATE MAGISTRATES ASSOCIATION, AND PROVIDED FURTHER
17 THAT IF THERE BE NO VILLAGE JUSTICE IN THE COUNTY, THEN A SECOND TOWN
18 JUSTICE IN THE COUNTY DESIGNATED IN THE MANNER SPECIFIED BY SUBPARAGRAPH
19 (IV) OF THIS PARAGRAPH;
20 (VI) A TOWN SUPERVISOR IN THE COUNTY, DESIGNATED BY THE COUNTY MUNICI-
21 PAL ASSOCIATION, PROVIDED THAT IF THERE BE NO COUNTY MUNICIPAL ASSOCI-
22 ATION OR IT SHALL FAIL TO TIMELY MAKE SUCH APPOINTMENT, THEN BY THE NEW
23 YORK STATE ASSOCIATION OF TOWNS;
24 (VII) A MAYOR OF A VILLAGE FOR WHICH THERE IS ESTABLISHED A JUSTICE
25 COURT ON THE EFFECTIVE DATE OF THIS ARTICLE, DESIGNATED BY THE COUNTY
26 MUNICIPAL ASSOCIATION, PROVIDED THAT IF THERE BE NO COUNTY MUNICIPAL
27 ASSOCIATION OR IT SHALL FAIL TO TIMELY MAKE SUCH APPOINTMENT, THEN BY
28 THE NEW YORK CONFERENCE OF MAYORS AND MUNICIPAL OFFICIALS, AND PROVIDED
29 FURTHER THAT IF THERE BE NO SUCH VILLAGE IN THE COUNTY, THEN A SECOND
30 TOWN SUPERVISOR IN THE COUNTY DESIGNATED IN THE MANNER SPECIFIED BY
31 SUBPARAGRAPH (VI) OF THIS PARAGRAPH; AND
32 (VIII) TWO ATTORNEYS ADMITTED TO PRACTICE IN THIS STATE RESIDENT OR
33 WITH A PRINCIPAL PLACE OF BUSINESS IN SUCH COUNTY, DESIGNATED BY A BAR
34 ASSOCIATION FOR SUCH COUNTY SELECTED BY THE ADMINISTRATIVE JUDGE OF THE
35 JUDICIAL DISTRICT IN WHICH THE COUNTY IS LOCATED, PROVIDED THAT ONE SUCH
36 ATTORNEY SHALL BE AN ENROLLED MEMBER OF THE POLITICAL PARTY WHOSE CANDI-
37 DATE FOR GOVERNOR IN THE IMMEDIATELY PRECEDING GUBERNATORIAL ELECTION
38 RECEIVED THE HIGHEST NUMBER OF VOTES IN THE STATE, AND ONE SUCH ATTORNEY
39 SHALL BE AN ENROLLED MEMBER OF THE POLITICAL PARTY WHOSE CANDIDATE FOR
40 GOVERNOR IN SUCH ELECTION RECEIVED THE SECOND HIGHEST NUMBER OF VOTES IN
41 THE STATE.
42 2. THE THREE EX OFFICIO MEMBERS OF THE COMMISSION SHALL INCLUDE:
43 (I) THE ADMINISTRATIVE JUDGE OF THE JUDICIAL DISTRICT IN WHICH THE
44 COUNTY IS LOCATED, WHO SHALL COORDINATE EACH COMMISSION ESTABLISHED FOR
45 A COUNTY WITHIN SUCH JUDICIAL DISTRICT AND PROMOTE THE TIMELY AND
46 CONSISTENT APPLICATION OF THIS ARTICLE AMONG SUCH COMMISSIONS;
47 (II) THE DISTRICT ATTORNEY OF THE COUNTY; AND
48 (III) THE PUBLIC DEFENDER OF THE COUNTY, PROVIDED THAT IF THERE BE NO
49 PUBLIC DEFENDER IN THE COUNTY, THEN ANOTHER PERSON DESIGNATED BY THE NEW
50 YORK STATE DEFENDERS ASSOCIATION PRIMARILY RESPONSIBLE FOR THE PROVISION
51 OR COORDINATION OF INDIGENT CRIMINAL DEFENSE SERVICES IN SUCH COUNTY
52 PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
53 (C) APPOINTMENTS SHALL BE MADE NOT LATER THAN THIRTY DAYS AFTER THE
54 EFFECTIVE DATE OF THIS ARTICLE. VACANCIES SHALL BE FILLED IN THE SAME
55 MANNER AS AN ORIGINAL APPOINTMENT.
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1 (D) EACH COMMISSION SHALL HAVE THE POWERS OF A LEGISLATIVE COMMITTEE
2 PURSUANT TO THE LEGISLATIVE LAW.
3 (E) FOR EACH COMMISSION, A MAJORITY OF ALL THE VOTING MEMBERS THEREOF
4 SHALL CONSTITUTE A QUORUM AND SHALL BE NECESSARY TO A DECISION.
5 (F) COMMISSION MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR
6 SERVICES BUT SHALL BE ALLOWED ACTUAL AND NECESSARY EXPENSES INCURRED IN
7 THE PERFORMANCE OF THEIR DUTIES HEREUNDER. SUCH EXPENSES SHALL BE CHARG-
8 ES AGAINST THE COUNTY SUBJECT TO REIMBURSEMENT BY THE OFFICE OF COURT
9 ADMINISTRATION PURSUANT TO SUCH RULES AS THE CHIEF ADMINISTRATOR OF THE
10 COURTS MAY PROVIDE.
11 (G) NO COMMISSION MEMBER SHALL BE DISQUALIFIED FROM HOLDING ANY OTHER
12 PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
13 OR EMPLOYMENT, BY REASON OF HIS OR HER APPOINTMENT PURSUANT TO THIS
14 SECTION, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
15 LAW, REGULATION, RULE, ORDINANCE OR CHARTER.
16 (H) TO THE MAXIMUM EXTENT FEASIBLE, EACH COMMISSION MAY REQUEST AND
17 RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILITIES,
18 RESOURCES AND DATA OF ANY COURT, DEPARTMENT, DIVISION, BOARD, BUREAU,
19 COMMISSION, AGENCY OR AUTHORITY OF THE STATE OR ANY POLITICAL SUBDIVI-
20 SION THEREOF AS SUCH COMMISSION REASONABLY MAY REQUEST TO PROPERLY CARRY
21 OUT ITS POWERS AND DUTIES PURSUANT TO THIS ARTICLE; PROVIDED, HOWEVER,
22 THAT NOTHING HEREIN SHALL AUTHORIZE A COMMISSION TO REQUEST OR A COURT
23 TO RELEASE SEALED RECORDS OR OTHER DATA RENDERED CONFIDENTIAL BY LAW.
24 (I) UPON COMPLETION OF ITS DUTIES HEREUNDER, EACH COMMISSION SHALL BE
25 DEEMED DISSOLVED.
26 S 2202. COMBINATION PLANS.
27 (A) DRAFT AND FINAL PLANS; CONSULTATION. IN ACCORDANCE WITH THIS ARTI-
28 CLE, EACH COMMISSION SHALL ISSUE A DRAFT COMBINATION PLAN AND FINAL
29 COMBINATION PLAN TO EFFECTUATE THE LIMITED SHARING OF JUSTICE COURTS IN
30 THE COUNTY. IN THE DEVELOPMENT OF SUCH PLANS, THE COMMISSION SHALL
31 CONSULT WITH THE TOWN AND VILLAGE JUSTICES, NON-JUDICIAL STAFF OF THE
32 JUSTICE COURTS, TOWN AND VILLAGE BOARDS, LAW ENFORCEMENT AGENCIES,
33 PROSECUTORS, PUBLIC DEFENSE PROVIDERS AND OTHER PERSONS RELEVANT TO THE
34 ADMINISTRATION OF JUSTICE IN THE JUSTICE COURTS OF SUCH COUNTY.
35 (B) REVIEW FACTORS. FOR EACH AND ALL OF THE JUSTICE COURTS IN SUCH
36 COUNTY, THE COMMISSION SHALL CONSIDER CASELOADS AND DOCKET TRENDS, COURT
37 FACILITIES AND SECURITY, CASE-GENERATING FEATURES, AVAILABILITY OF
38 DETENTION FACILITIES, DISTRIBUTION OF PROSECUTION AND DEFENSE SERVICES,
39 DISTRIBUTION OF LAW ENFORCEMENT PERSONNEL, AND SUCH OTHER CRITERIA RELE-
40 VANT TO THE COST-EFFECTIVE OPERATION OF THE JUSTICE COURTS AND ADMINIS-
41 TRATION OF JUSTICE IN SUCH COUNTY AS THE COMMISSION MAY DETERMINE.
42 (C) STANDARDS FOR COMBINATION PLANS. EACH COMBINATION PLAN SHALL
43 PROVIDE FOR THE LIMITED SHARING OF JUSTICE COURTS IN THE COUNTY. UNDER
44 EACH COMBINATION PLAN:
45 1. EACH MUNICIPALITY FOR WHICH A JUSTICE COURT IS ESTABLISHED ON THE
46 EFFECTIVE DATE OF THIS ARTICLE SHALL CONTINUE TO BE SERVED BY A JUSTICE
47 COURT IN SUCH COUNTY, WHETHER PRESIDING SOLELY FOR SUCH MUNICIPALITY OR
48 PRESIDING FOR MULTIPLE MUNICIPALITIES;
49 2. WHERE SUCH PLAN PROVIDES THAT A JUSTICE COURT LOCATED IN ONE MUNI-
50 CIPALITY WILL PRESIDE FOR ONE OR MORE OTHER MUNICIPALITIES, EACH SUCH
51 OTHER MUNICIPALITY SHALL BE PROXIMATE TO THE MUNICIPALITY IN WHICH SUCH
52 JUSTICE COURT IS TO BE LOCATED, AND ALL OF THE MUNICIPALITIES FOR WHICH
53 SUCH COURT WILL PRESIDE SHALL FORM A CONTIGUOUS GEOGRAPHIC UNIT; AND
54 3. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (E) OF THIS SECTION,
55 THE TOTAL NUMBER OF JUSTICE COURTS IN SUCH COUNTY SHALL FALL WITHIN THE
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1 FOLLOWING RANGES OF PERCENTAGES OF THE NUMBER OF JUSTICE COURTS ESTAB-
2 LISHED IN SUCH COUNTY ON THE EFFECTIVE DATE OF THIS ARTICLE:
3 (I) IN EACH COUNTY WITH POPULATION GREATER THAN TWO HUNDRED FIFTY
4 THOUSAND AND LESS THAN ONE MILLION, AND IN EACH OF THE COUNTIES OF
5 PUTNAM AND SCHENECTADY, NO MORE THAN NINETY PERCENT AND NO LESS THAN
6 SEVENTY PERCENT OF SUCH NUMBER;
7 (II) IN EACH COUNTY NOT OTHERWISE SPECIFIED WITH POPULATION GREATER
8 THAN ONE HUNDRED FIFTY THOUSAND AND EQUAL TO OR LESS THAN TWO HUNDRED
9 FIFTY THOUSAND, NO MORE THAN EIGHTY PERCENT AND NO LESS THAN SIXTY
10 PERCENT OF SUCH NUMBER; AND
11 (III) IN EACH COUNTY NOT OTHERWISE SPECIFIED WITH POPULATION EQUAL TO
12 OR LESS THAN ONE HUNDRED FIFTY THOUSAND, NO MORE THAN SEVENTY PERCENT
13 AND NO LESS THAN FIFTY PERCENT OF SUCH NUMBER.
14 THE CHIEF ADMINISTRATOR SHALL PROMULGATE A SCHEDULE SETTING FORTH THE
15 MINIMUM AND MAXIMUM NUMBER OF JUSTICE COURTS SPECIFIED IN THIS PARAGRAPH
16 FOR EACH COUNTY ACCORDING TO THE POPULATION THEREOF AS MEASURED IN THE
17 MOST RECENT FEDERAL DECENNIAL CENSUS OR ENUMERATION. IN PROMULGATING
18 SUCH SCHEDULE, THE CHIEF ADMINISTRATOR SHALL ROUND DOWN TO THE NEAREST
19 WHOLE NUMBER OF COURTS ANY FRACTIONAL NUMBER OF COURTS ARISING FROM THE
20 FOREGOING FORMULA.
21 (D) ADDITIONAL CONTENT OF COMBINATION PLANS. EACH COMBINATION PLAN
22 ALSO SHALL SPECIFY:
23 1. THE COURT FACILITY IN WHICH EACH SHARED JUSTICE COURT WILL CONVENE;
24 2. THE MANNER IN WHICH JUSTICES WILL SHARE RESPONSIBILITIES FOR
25 ARRAIGNMENTS, WARRANT APPLICATIONS, EMERGENCY PROCEEDINGS AND OTHER
26 OFF-HOUR RESPONSIBILITIES;
27 3. THE MANNER IN WHICH JUSTICE COURTS AND LOCAL LAW ENFORCEMENT AGEN-
28 CIES WILL PROVIDE FOR THE PRE-ARRAIGNMENT DETENTION OF CRIMINAL DEFEND-
29 ANTS; AND
30 4. SUCH OTHER MATTERS AS THE CHIEF ADMINISTRATOR MAY BY RULE DIRECT TO
31 ENSURE THAT THE IMPLEMENTATION OF COMBINATION PLANS WILL PROMOTE THE
32 ADMINISTRATION OF JUSTICE.
33 (E) EXEMPTION DETERMINATIONS. NOTWITHSTANDING ANY CONTRARY PROVISION
34 OF THIS SECTION, AS PART OF OR IN LIEU OF A COMBINATION PLAN, A COMMIS-
35 SION MAY DETERMINE THAT THERE SHOULD BE LESSER SHARING OF JUSTICE COURTS
36 THAN SPECIFIED FOR SUCH COUNTY IN SUBDIVISION (C) OF THIS SECTION, OR NO
37 SUCH SHARING, IF THE COMMISSION FINDS THAT SUCH DETERMINATION WOULD NOT:
38 (I) DELAY OR DIMINISH THE COST-EFFECTIVENESS OF ENSURING THAT THE
39 FACILITIES, SECURITY AND OPERATION OF ALL JUSTICE COURTS IN SUCH COUNTY
40 ARE SAFE, SUITABLE AND SUFFICIENT FOR THE TRANSACTION OF COURT BUSINESS
41 THEREIN;
42 (II) DELAY OR DIMINISH THE COST-EFFECTIVENESS OF ENSURING THAT THE
43 AVAILABILITY OF RESOURCES FOR PROSECUTION, PUBLIC DEFENSE, DETAINEE
44 TRANSPORT AND OTHER SERVICES IN AND FOR ALL JUSTICE COURTS IN SUCH COUN-
45 TY ARE SUFFICIENT TO PROMOTE THE ADMINISTRATION OF JUSTICE IN SUCH COUN-
46 TY; OR
47 (III) CAUSE OR CONTINUE UNNECESSARY OR INEFFICIENT DUPLICATION OF
48 SERVICES.
49 S 2203. COMMISSION PROCEDURE.
50 (A) DRAFT COMBINATION PLANS. NOT LATER THAN ONE YEAR AFTER THE EFFEC-
51 TIVE DATE OF THIS ARTICLE, EACH COMMISSION SHALL SUBMIT TO THE CHIEF
52 ADMINISTRATOR OF THE COURTS, COUNTY EXECUTIVE OR COUNTY MANAGER AND
53 COUNTY LEGISLATURE A DRAFT COMBINATION PLAN COMPLYING WITH SECTION TWEN-
54 TY-TWO HUNDRED TWO OF THIS ARTICLE. SUCH SUBMISSION SHALL INCLUDE THE
55 LOCATION AND TIME OF EACH PUBLIC HEARING TO BE HELD THEREON PURSUANT TO
56 SUBDIVISION (B) OF THIS SECTION. IN ADVANCE OF SUCH HEARING OR HEARINGS,
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1 THE COMMISSION SHALL PUBLICIZE SUCH DRAFT PLAN TO POTENTIALLY INTERESTED
2 MEMBERS OF THE PUBLIC TO THE EXTENT REASONABLY PRACTICABLE.
3 (B) PUBLIC HEARINGS. NOT SOONER THAN THIRTY DAYS AND NOT LATER THAN
4 SIXTY DAYS AFTER THE SUBMISSION OF SUCH DRAFT COMBINATION PLAN, THE
5 COMMISSION SHALL HOLD ONE OR MORE PUBLIC HEARINGS WITHIN THE COUNTY AND
6 ENSURE THAT INTERESTED MEMBERS OF THE PUBLIC HAVE A REASONABLE OPPORTU-
7 NITY TO BE HEARD THEREON.
8 (C) FINAL PLANS. NOT LATER THAN SIXTY DAYS AFTER THE LAST OF SUCH
9 PUBLIC HEARINGS, THE COMMISSION SHALL SUBMIT TO THE CHIEF ADMINISTRATOR,
10 COUNTY EXECUTIVE OR MANAGER AND COUNTY LEGISLATURE A FINAL COMBINATION
11 PLAN COMPLYING WITH SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE.
12 (D) TECHNICAL REVIEW. NOT LATER THAN SIXTY DAYS AFTER SUBMISSION OF
13 SUCH FINAL COMBINATION PLAN, THE CHIEF ADMINISTRATOR SHALL TRANSMIT TO
14 THE COMMISSION, COUNTY EXECUTIVE OR MANAGER AND COUNTY LEGISLATURE A
15 CERTIFICATE DETERMINING EITHER THAT SUCH PLAN COMPLIES WITH SECTION
16 TWENTY-TWO HUNDRED TWO OF THIS ARTICLE, OR THAT SUCH PLAN FAILS TO
17 COMPLY AND SETTING FORTH THE TECHNICAL DEFECTS THEREOF. IF THE CHIEF
18 ADMINISTRATOR SHALL TRANSMIT A NONCOMPLIANCE CERTIFICATE, THEN NOT LATER
19 THAN THIRTY DAYS THEREAFTER, THE COMMISSION SHALL AMEND SUCH NONCOMPLY-
20 ING PLAN TO CORRECT SUCH DEFECTS AND OTHERWISE COMPLY WITH SUCH SECTION
21 AND SHALL SUBMIT SUCH AMENDED PLAN TO THE CHIEF ADMINISTRATOR. NOT LATER
22 THAN THIRTY DAY THEREAFTER, THE CHIEF ADMINISTRATOR SHALL TRANSMIT TO
23 THE COMMISSION, COUNTY EXECUTIVE OR MANAGER AND COUNTY LEGISLATURE A
24 CERTIFICATE DETERMINING EITHER THAT SUCH AMENDED PLAN COMPLIES WITH SUCH
25 SECTION, OR THAT SUCH AMENDED PLAN AGAIN FAILS TO COMPLY AND SETTING
26 FORTH THE DEFECTS THEREOF, IN WHICH LATTER INSTANCE THE DEFAULT
27 PROVISIONS OF SUBDIVISION (F) OF THIS SECTION SHALL GOVERN.
28 (E) ENACTMENT AND SUBSTITUTION OF COMBINATION PLANS. FOR A COMBINATION
29 PLAN FOR WHICH THE CHIEF ADMINISTRATOR TRANSMITS TO THE COUNTY LEGISLA-
30 TURE A COMPLIANCE CERTIFICATE PURSUANT TO SUBDIVISION (D) OF THIS
31 SECTION:
32 1. IF THE COMMISSION HAS NOT MADE AN EXEMPTION DETERMINATION PURSUANT
33 TO SUBDIVISION (E) OF SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE,
34 THEN SUCH COMBINATION PLAN AUTOMATICALLY SHALL HAVE FORCE OF LAW SIXTY
35 DAYS AFTER SUCH TRANSMITTAL UNLESS SUCH COUNTY LEGISLATURE, BY
36 TWO-THIRDS VOTE OF ALL THE MEMBERS THEREOF, SOONER SHALL ENACT BY LOCAL
37 LAW A SUBSTITUTE COMBINATION PLAN COMPLYING WITH THE PROVISIONS OF SUCH
38 SECTION; PROVIDED THAT NO COUNTY LEGISLATURE SHALL ENACT SUCH A LOCAL
39 LAW UNLESS THE CHIEF ADMINISTRATOR FIRST SHALL CERTIFY THAT SUCH SUBSTI-
40 TUTE PLAN, IF ENACTED, WOULD COMPLY WITH THE PROVISIONS OF SUCH SECTION.
41 2. IF THE COMMISSION HAS MADE AN EXEMPTION DETERMINATION PURSUANT TO
42 SUBDIVISION (E) OF SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE, THEN
43 SUCH COMBINATION PLAN, OR THE DETERMINATION THAT THERE SHOULD BE NO
44 SHARING OF JUSTICE COURTS IN SUCH COUNTY HEREUNDER, SHALL HAVE FORCE OF
45 LAW SIXTY DAYS AFTER SUCH TRANSMITTAL ONLY IF THE COUNTY LEGISLATURE, BY
46 TWO-THIRDS VOTE OF ALL THE MEMBERS THEREOF, SOONER SHALL RATIFY THE SAME
47 BY LOCAL LAW. IN THE ALTERNATIVE, SUCH COUNTY LEGISLATURE MAY SOONER
48 ENACT BY LOCAL LAW A SUBSTITUTE COMBINATION PLAN COMPLYING WITH THE
49 PROVISIONS OF SUCH SECTION; PROVIDED THAT NO COUNTY LEGISLATURE SHALL
50 ENACT SUCH A LOCAL LAW UNLESS THE CHIEF ADMINISTRATOR FIRST SHALL CERTI-
51 FY THAT SUCH SUBSTITUTE PLAN, IF ENACTED, WOULD COMPLY WITH THE
52 PROVISIONS OF SUCH SECTION. IF THE COUNTY LEGISLATURE SHALL NEITHER
53 RATIFY SUCH EXEMPTION DETERMINATION NOR ENACT A SUBSTITUTE COMBINATION
54 PLAN PURSUANT TO THIS PARAGRAPH, THEN THE DEFAULT PROVISIONS OF SUBDIVI-
55 SION (F) OF THIS SECTION SHALL GOVERN.
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1 (F) DEFAULT PROCEDURE. IF A COMMISSION SHALL FAIL TO SUBMIT A FINAL
2 COMBINATION PLAN OR AMEND A NONCOMPLYING PLAN CERTIFIED TO COMPLY WITH
3 SECTION TWENTY-TWO HUNDRED TWO OF THIS ARTICLE BY THE DATE SPECIFIED
4 THEREFOR IN SUBDIVISION (D) OF THIS SECTION, OR IF THE COUNTY LEGISLA-
5 TURE SHALL FAIL TO RATIFY A COMBINATION PLAN OR ENACT A SUBSTITUTE PLAN
6 BY THE DATE SPECIFIED THEREFOR IN PARAGRAPH TWO OF SUBDIVISION (E) OF
7 THIS SECTION, THEN NOT LATER THAN THIRTY DAYS AFTER SUCH DATE, THE CHIEF
8 ADMINISTRATOR SHALL PROMULGATE A FINAL COMBINATION PLAN FOR THE JUSTICE
9 COURTS OF SUCH COUNTY CONSISTENT WITH SECTION TWENTY-TWO HUNDRED TWO OF
10 THIS ARTICLE AND SHALL TRANSMIT THE SAME TO THE COUNTY EXECUTIVE OR
11 MANAGER AND COUNTY LEGISLATURE. SUCH FINAL COMBINATION PLAN AUTOMAT-
12 ICALLY SHALL HAVE FORCE OF LAW SIXTY DAYS THEREAFTER UNLESS SUCH COUNTY
13 LEGISLATURE, BY TWO-THIRDS VOTE OF ALL THE MEMBERS THEREOF, SOONER SHALL
14 ENACT BY LOCAL LAW A SUBSTITUTE COMBINATION PLAN COMPLYING WITH THE
15 PROVISIONS OF SUCH SECTION; PROVIDED THAT NO COUNTY LEGISLATURE SHALL
16 ENACT SUCH A LOCAL LAW UNLESS THE CHIEF ADMINISTER FIRST SHALL CERTIFY
17 THAT SUCH SUBSTITUTE PLAN, IF ENACTED, WOULD COMPLY WITH THE PROVISIONS
18 OF SUCH SECTION.
19 (G) EFFECTIVE DATE OF COMBINATION PLANS. THE COMBINATION PLAN FOR THE
20 JUSTICE COURTS IN EACH COUNTY SHALL TAKE EFFECT ON THE FIRST DAY OF
21 JANUARY IN THE SECOND YEAR NEXT SUCCEEDING THE DATE ON WHICH SUCH PLAN
22 SHALL HAVE FORCE OF LAW PURSUANT TO SUBDIVISION (E) OR (F) OF THIS
23 SECTION.
24 S 2204. TRANSITION PROVISIONS.
25 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON AND AFTER THE EFFECTIVE
26 DATE OF A COMBINATION PLAN PURSUANT TO SUBDIVISION (G) OF SECTION TWEN-
27 TY-TWO HUNDRED THREE OF THIS ARTICLE:
28 (A) EACH JUSTICE COURT DESIGNATED IN SUCH PLAN TO ASSUME THE JURISDIC-
29 TION OF ONE OR MORE TOWN OR VILLAGE COURTS SHALL, ON SUCH DATE, BE
30 DEEMED TO HAVE THE JURISDICTION OF EACH OF SUCH OTHER COURTS.
31 (B) EACH OFFICE OF TOWN JUSTICE AND VILLAGE JUSTICE SHALL, ON SUCH
32 DATE, ALSO BECOME AN OFFICE OF JUSTICE OF THE JUSTICE COURT DESIGNATED
33 IN SUCH PLAN TO PRESIDE FOR SUCH TOWN OR VILLAGE, CONTINUING IN SUCH
34 TERM OF OFFICE AS THERETOFORE PROVIDED BY LAW, AND SHALL HAVE JURISDIC-
35 TION FOR EACH MUNICIPALITY FOR WHICH SUCH JUSTICE COURT EXERCISES JURIS-
36 DICTION TO THE SAME EXTENT AND EFFECT AS IF SUCH JUSTICE WERE SELECTED
37 IN AND FOR EACH SUCH MUNICIPALITY.
38 (C) EACH ACTION AND PROCEEDING PENDING IN A TOWN OR VILLAGE COURT
39 WHOSE JURISDICTION ANOTHER JUSTICE COURT ASSUMES PURSUANT TO SUCH PLAN
40 SHALL, ON SUCH DATE, BE DEEMED PENDING IN SUCH OTHER JUSTICE COURT, AND
41 THE RULES OF PROCEDURE GOVERNING EACH SUCH ACTION OR PROCEEDING BEFORE
42 SUCH DATE SHALL CONTINUE TO APPLY ON AND AFTER SUCH DATE.
43 (D) THE NON-JUDICIAL PERSONNEL OF EACH TOWN OR VILLAGE COURT WHOSE
44 JURISDICTION ANOTHER JUSTICE COURT ASSUMES PURSUANT TO SUCH PLAN SHALL,
45 ON SUCH DATE, BE DEEMED TO BE THE NON-JUDICIAL PERSONNEL OF SUCH OTHER
46 JUSTICE COURT; PROVIDED THAT IF SUCH PERSONNEL PERFORM FUNCTIONS BOTH
47 FOR A JUSTICE COURT AND FOR ONE OR MORE OTHER MUNICIPAL OFFICES ON THE
48 DAY IMMEDIATELY PRECEDING SUCH DATE AND THEREAFTER CONTINUE TO PERFORM
49 FUNCTIONS BOTH FOR A JUSTICE COURT AND FOR ONE OR MORE OTHER MUNICIPAL
50 OFFICES, THEN SUCH PERSONNEL SHALL BE DEEMED TO BE THE PERSONNEL OF SUCH
51 OTHER JUSTICE COURT ONLY FOR SUCH PORTION OF THEIR EMPLOYMENT AS RELATES
52 TO JUDICIAL BUSINESS.
53 (E) THE PAPERS AND EFFECTS OF EACH TOWN OR VILLAGE COURT WHOSE JURIS-
54 DICTION ANOTHER JUSTICE COURT ASSUMES PURSUANT TO SUCH PLAN SHALL, ON
55 SUCH DATE, BE DEEMED TO BE THE PAPERS AND EFFECTS OF SUCH OTHER JUSTICE
56 COURT AND PROMPTLY SHALL BE TRANSFERRED TO THE POSSESSION OF SUCH OTHER
A. 5647 8
1 JUSTICE COURT OR OTHERWISE AS MAY BE PROVIDED BY THE CHIEF ADMINISTRATOR
2 OF THE COURTS, AND THE SEAL OF SUCH OTHER JUSTICE COURT SHALL BE AMENDED
3 ACCORDINGLY.
4 S 2205. CONSTRUCTION.
5 NOTHING IN THIS ARTICLE AND NO COMBINATION PLAN HEREUNDER SHALL BE
6 CONSTRUED TO:
7 (A) DISCONTINUE A TOWN COURT WITHIN THE MEANING OF SUBDIVISION B OF
8 SECTION SEVENTEEN OF ARTICLE SIX OF THE NEW YORK STATE CONSTITUTION;
9 (B) ESTABLISH A DISTRICT COURT WITHIN THE MEANING OF SECTION SIXTEEN
10 OF ARTICLE SIX OF THE NEW YORK STATE CONSTITUTION;
11 (C) ESTABLISH OR ABOLISH ANY JUDICIAL OFFICE, ALTER THE TERM OF OFFICE
12 OF ANY JUSTICE OR ALTER THE MANNER OF SELECTION FOR ANY JUDICIAL OFFICE;
13 OR
14 (D) IMPAIR THE RIGHTS OF ANY NON-JUDICIAL EMPLOYEE SERVING ANY TOWN OR
15 VILLAGE COURT ON ACCOUNT OF ANOTHER JUSTICE COURT ASSUMING THE JURISDIC-
16 TION THEREOF.
17 S 2. This act shall take effect on the thirtieth day after it shall
18 have become a law; provided, however, that the chief administrator of
19 the courts is authorized to immediately promulgate rules and regulations
20 to effectuate the provisions of this act.
21 PART B
22 Section 1. The uniform justice court act is amended by adding a new
23 article 22-A to read as follows:
24 ARTICLE 22-A
25 JUSTICE COURT ADMINISTRATION
26 SECTION 2206. FUNDING AND COST APPORTIONMENT.
27 2207. BUDGETING SYSTEM.
28 2208. FINANCIAL MANAGEMENT.
29 2209. ADJUSTMENTS TO JUDICIAL OFFICES.
30 2210. NON-JUDICIAL STAFF.
31 S 2206. FUNDING AND COST APPORTIONMENT.
32 IN ACCORDANCE WITH THIS ARTICLE AND SUBJECT TO STATE SUPPORT OR
33 REIMBURSEMENT PURSUANT TO LAW, THE GOVERNING BOARD OF EACH MUNICIPALITY
34 FOR WHICH A JUSTICE COURT IS ESTABLISHED SHALL ENACT AND FUND AN ANNUAL
35 BUDGET FOR SUCH COURT AND APPROPRIATE TO OR EXPEND ON BEHALF OF SUCH
36 COURT SUCH MONEYS AS REASONABLY SUFFICIENT FOR THE COURT TO ADEQUATELY
37 PERFORM ITS DUTIES AND ENSURE THE ADMINISTRATION OF JUSTICE UNDER LAW.
38 THE COSTS OF OPERATING A JUSTICE COURT FOR MULTIPLE MUNICIPALITIES
39 PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF THIS
40 CHAPTER, EXCEPT AS THE GOVERNING BOARD OF EACH SUCH MUNICIPALITY MAY
41 PROVIDE BY JOINT RESOLUTION, SHALL BE CHARGES AGAINST EACH SUCH MUNICI-
42 PALITY IN PROPORTION TO THE RESPECTIVE POPULATIONS THEREOF AS OF THE
43 MOST RECENT FEDERAL DECENNIAL CENSUS OR ENUMERATION, WHICH PROPORTIONS
44 THE STATE COMPTROLLER SHALL CALCULATE AND AS NEEDED REVISE. THIS ARTICLE
45 SHALL NOT BE CONSTRUED TO IMPOSE ANY OBLIGATION ON OR OTHERWISE APPLY TO
46 ANY TOWN OR VILLAGE FOR WHICH A JUSTICE COURT WAS NOT ESTABLISHED ON THE
47 EFFECTIVE DATE OF THIS ARTICLE.
48 S 2207. BUDGETING SYSTEM.
49 (A) THE BUDGETING SYSTEM OF EVERY TOWN PURSUANT TO ARTICLE EIGHT OF
50 THE TOWN LAW AND EVERY VILLAGE PURSUANT TO ARTICLE FIVE OF THE VILLAGE
51 LAW SHALL INCLUDE THE BUDGET FOR THE JUSTICE COURT HAVING JURISDICTION
52 FOR SUCH TOWN OR VILLAGE.
53 (B) THE FISCAL YEAR FOR EACH JUSTICE COURT SHALL BE THE FISCAL YEAR
54 SPECIFIED IN ARTICLE EIGHT OF THE TOWN LAW, EXCEPT THAT THE FISCAL YEAR
A. 5647 9
1 FOR A COURT HAVING JURISDICTION FOR ONE OR MORE VILLAGES ONLY SHALL BE
2 THE FISCAL YEAR SPECIFIED IN ARTICLE FIVE OF THE VILLAGE LAW.
3 (C) EACH JUSTICE COURT, BY THE JUSTICES THEREOF OR THE COURT CLERK ON
4 BEHALF OF SUCH JUSTICES, SHALL PREPARE ITS PRELIMINARY BUDGET FOR THE
5 NEXT FISCAL YEAR IN CONSULTATION WITH THE SUPERVISOR OF THE TOWN OR
6 MAYOR OF THE VILLAGE FOR WHICH SUCH COURT PRESIDES, OR IN THE CASE OF A
7 JUSTICE COURT FOR MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE
8 HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF THIS CHAPTER, IN CONSULTATION
9 WITH THE SUPERVISOR OR MAYOR OF EACH SUCH MUNICIPALITY. IN THE PREPARA-
10 TION OF SUCH PRELIMINARY BUDGET, THE JUSTICE COURT SHALL BE ENTITLED TO
11 RECEIVE SUCH TIMELY ASSISTANCE FROM APPROPRIATE MUNICIPAL OFFICERS AS
12 THE COURT REASONABLY MAY REQUEST. EACH JUSTICE COURT SHALL SUBMIT SUCH
13 PRELIMINARY BUDGET TO THE GOVERNING BOARD OF THE TOWN OR VILLAGE FOR
14 WHICH SUCH COURT PRESIDES, OR IN THE CASE OF A JUSTICE COURT FOR MULTI-
15 PLE MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE
16 TWENTY-TWO OF THIS CHAPTER, TO THE GOVERNING BOARD OF EACH SUCH MUNICI-
17 PALITY, BY THE DATE SPECIFIED IN SECTION ONE HUNDRED FOUR OF THE TOWN
18 LAW OR BY THE DATE SPECIFIED IN SUBDIVISION TWO OF SECTION 5-502 OF THE
19 VILLAGE LAW FOR A COURT HAVING JURISDICTION FOR ONE OR MORE VILLAGES
20 ONLY. SUCH PRELIMINARY BUDGET SHALL BE REASONABLY SUFFICIENT FOR THE
21 COURT ADEQUATELY TO PERFORM ITS DUTIES AND ENSURE THE ADMINISTRATION OF
22 JUSTICE UNDER LAW.
23 (D) THE GOVERNING BOARD OF EACH TOWN OR VILLAGE SHALL ENACT BY LOCAL
24 LAW A BUDGET FOR SUCH JUSTICE COURT FOR THE NEXT SUCCEEDING FISCAL YEAR
25 THEREOF BY THE DATE ON WHICH THE BUDGET FOR SUCH TOWN OR VILLAGE IS
26 REQUIRED TO BE ENACTED. FOR A JUSTICE COURT FOR MULTIPLE MUNICIPALITIES
27 PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF THIS
28 CHAPTER, THE GOVERNING BOARD OF EACH SUCH MUNICIPALITY SHALL ENACT BY
29 JOINT RESOLUTION A BUDGET FOR SUCH COURT FOR THE NEXT SUCCEEDING FISCAL
30 YEAR THEREOF BY THE DATE SPECIFIED IN SECTION ONE HUNDRED NINE OF THE
31 TOWN LAW FOR THE COUNTY IN WHICH THE COURT IS LOCATED, OR BY THE DATE
32 SPECIFIED IN SUBDIVISION FOUR OF SECTION 5-508 OF THE VILLAGE LAW FOR A
33 COURT HAVING JURISDICTION FOR ONE OR MORE VILLAGES ONLY. SUCH BUDGET
34 SHALL BE REASONABLY SUFFICIENT FOR THE COURT ADEQUATELY TO PERFORM ITS
35 DUTIES AND ENSURE THE ADMINISTRATION OF JUSTICE UNDER LAW.
36 (E) IF THE GOVERNING BOARD OR BOARDS SHALL FAIL TO ENACT A JUSTICE
37 COURT BUDGET IN THE MANNER AND BY THE DATE SPECIFIED IN SUBDIVISION (D)
38 OF THIS SECTION, THEN ON SUCH DATE THE PRELIMINARY BUDGET FOR SUCH COURT
39 FOR THE NEXT SUCCEEDING FISCAL YEAR THEREOF, WITH SUCH AMENDMENTS AS
40 THERETOFORE SHALL HAVE BEEN MADE BY THE GOVERNING BOARD BY LOCAL LAW OR
41 BY THE GOVERNING BOARDS BY JOINT RESOLUTION, SHALL BE DEEMED TO CONSTI-
42 TUTE THE BUDGET FOR SUCH COURT FOR SUCH FISCAL YEAR TO THE SAME EXTENT
43 AND EFFECT AS IF SUCH PRELIMINARY BUDGET WERE DULY ENACTED, AND THERE-
44 AFTER SUCH BUDGET MAY BE AMENDED BY LOCAL LAW FOR A JUSTICE COURT FOR A
45 SINGLE MUNICIPALITY OR BY JOINT RESOLUTION FOR A JUSTICE COURT FOR
46 MULTIPLE MUNICIPALITIES.
47 (F) EACH TOWN AND VILLAGE AS PART OF ITS BUDGET, AND EACH VILLAGE
48 SHARING A JUSTICE COURT WITH ONE OR MORE TOWNS PURSUANT TO ARTICLE TWEN-
49 TY-TWO OF THIS CHAPTER AS PART OF A SUPPLEMENTAL BUDGET OR OTHERWISE,
50 SHALL ON OR BEFORE THE DATE SPECIFIED IN SUBDIVISION (D) OF THIS SECTION
51 APPROPRIATE TO OR ON BEHALF OF SUCH COURT SUCH APPORTIONMENT OF FUNDS AS
52 REQUIRED BY SUBDIVISION (A) OF THIS SECTION FOR THE SUPPORT OF THE COURT
53 BUDGET FOR THE NEXT SUCCEEDING FISCAL YEAR THEREOF. IF A JUSTICE COURT
54 BUDGET BE AMENDED PURSUANT TO SUBDIVISION (E) OF THIS SECTION, THEN EACH
55 SUCH MUNICIPALITY SHALL APPROPRIATE FORTHWITH TO OR ON BEHALF OF THE
A. 5647 10
1 COURT SUCH APPORTIONMENT OF ADDITIONAL FUNDS REQUIRED HEREUNDER FOR THE
2 SUPPORT OF SUCH AMENDED BUDGET.
3 S 2208. FINANCIAL MANAGEMENT.
4 (A) EACH JUSTICE COURT SHALL COMPLY WITH SUCH RULES AND REGULATIONS
5 GOVERNING FINANCIAL RECORDS, RECEIPT OF FUNDS, COURT REMITTANCES TO THE
6 JUSTICE COURT FUND, TRANSFERS OF FUNDS AMONG THE COURT AND EACH MUNICI-
7 PALITY FOR WHICH SUCH COURT EXERCISES JURISDICTION, AND SUCH OTHER
8 FISCAL CONTROL MATTERS AS THE STATE COMPTROLLER REASONABLY MAY DIRECT
9 PURSUANT TO SECTION NINETY-NINE-A OF THE STATE FINANCE LAW.
10 (B) EXCEPT AS THE STATE COMPTROLLER OTHERWISE MAY PROVIDE BY RULE, IN
11 EACH JUSTICE COURT FOR MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE
12 HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF THIS CHAPTER, EACH JUSTICE SHALL
13 CAUSE TO BE KEPT A SEPARATE SET OF RECORDS AND DOCKETS FOR EACH SUCH
14 MUNICIPALITY FOR WHICH HE OR SHE EXERCISES JURISDICTION AND A SEPARATE
15 BANK ACCOUNT FOR EACH SUCH MUNICIPALITY FOR THE DEPOSIT OF MONEYS
16 RECEIVED IN THE EXERCISE OF SUCH JURISDICTION.
17 (C) THE STATE COMPTROLLER SHALL ENSURE COMPLIANCE WITH THE PROVISIONS
18 OF THIS SECTION.
19 S 2209. ADJUSTMENTS TO JUDICIAL OFFICES.
20 (A) NOTWITHSTANDING ANY PROVISION OF LAW:
21 1. FOR A JUSTICE COURT FOR A SINGLE TOWN OR VILLAGE ONLY, THE GOVERN-
22 ING BOARD THEREOF MAY BY LOCAL LAW ADJUST THE NUMBER OF JUSTICES OF SUCH
23 COURT; PROVIDED THAT EACH SUCH MUNICIPALITY SHALL HAVE AT LEAST ONE
24 JUSTICE AND A MUNICIPALITY HAVING ONLY ONE JUSTICE ALSO SHALL APPOINT AN
25 ACTING JUSTICE.
26 2. FOR A JUSTICE COURT FOR MULTIPLE MUNICIPALITIES PURSUANT TO SECTION
27 ONE HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF THIS CHAPTER, SUCH MUNICI-
28 PALITIES MAY, BY JOINT RESOLUTION ENACTED BY THE GOVERNING BOARD OF EACH
29 SUCH MUNICIPALITY, ADJUST THE NUMBER OF JUSTICES OF SUCH COURT AND/OR
30 THE APPORTIONMENT OF JUSTICES SELECTED BY AND AMONG SUCH MUNICIPALITIES;
31 PROVIDED THAT: (I) EACH SUCH TOWN SHALL SELECT AT LEAST ONE JUSTICE;
32 (II) THE TOTAL NUMBER OF JUSTICES ESTABLISHED HEREUNDER FOR SUCH COURT
33 SHALL BE NO LESS THAN THE SUM OF THE NUMBER OF SUCH MUNICIPALITIES AND
34 NO MORE THAN TWICE SUCH SUM; (III) EACH SUCH MUNICIPALITY HAVING LESS
35 THAN TWO JUSTICES SHALL APPOINT AN ACTING JUSTICE; AND (IV) NO VILLAGE
36 FOR WHICH A JUSTICE COURT WAS NOT ESTABLISHED ON THE EFFECTIVE DATE OF
37 THIS ARTICLE SHALL SELECT A JUSTICE OR BE REQUIRED TO ENACT A JOINT
38 RESOLUTION HEREUNDER.
39 (B) ADJUSTMENT PROCEDURE. 1. EVERY LOCAL LAW OR JOINT RESOLUTION
40 PURSUANT TO THIS SECTION SHALL STATE THE FINDING OF THE GOVERNING BOARD
41 OR BOARDS THAT SUCH ADJUSTMENT WOULD PROMOTE THE TIMELY AND EFFECTIVE
42 DISPOSITION OF MATTERS COMING BEFORE THE COURT.
43 2. EVERY SUCH PROPOSED LOCAL LAW OR JOINT RESOLUTION SHALL BE SUBMIT-
44 TED TO THE CHIEF ADMINISTRATOR OF THE COURTS NOT LESS THAN NINETY DAYS
45 BEFORE THE GOVERNING BOARD OR BOARDS SHALL FINALLY ACT THEREON. NO SUCH
46 LOCAL LAW OR JOINT RESOLUTION SHALL BE ENACTED DURING SUCH NINETY DAYS
47 NOR IF THE CHIEF ADMINISTER SHALL, DURING SUCH PERIOD, TRANSMIT TO THE
48 GOVERNING BOARD OR BOARDS A CERTIFICATE DETERMINING THAT THE ENACTMENT
49 OF SUCH LOCAL LAW OR JOINT RESOLUTION WOULD DISRUPT THE TIMELY DISPOSI-
50 TION OF MATTERS COMING BEFORE SUCH COURT OR OTHERWISE IMPAIR THE ADMIN-
51 ISTRATION OF JUSTICE. THE GOVERNING BOARD OR BOARDS SHALL SUBMIT TO THE
52 CHIEF ADMINISTRATOR SUCH DATA AS HE OR SHE MAY REQUEST TO EFFECTUATE
53 SUCH DETERMINATION.
54 3. NO SUCH LOCAL LAW OR JOINT RESOLUTION SHALL BE ENACTED LESS THAN
55 THIRTY DAYS BEFORE THE FIRST DAY FIXED BY THE ELECTION LAW FOR THE NEXT
56 COMMENCEMENT OF CIRCULATION OF NOMINATING PETITIONS FOR SUCH OFFICE.
A. 5647 11
1 (C) THE OFFICE OF ANY JUDGESHIP CREATED PURSUANT TO THIS SECTION SHALL
2 FIRST BE FILLED OF A TERM OF FOUR YEARS AT THE NEXT SUCCEEDING ELECTION
3 OF THE TOWN OR VILLAGE THAT SUCH LOCAL LAW OR JOINT RESOLUTION SPECIFIES
4 TO SELECT SUCH NEW JUSTICE. WHERE A JUDGESHIP IS ABOLISHED PURSUANT TO
5 THIS SECTION, THE ABOLISHMENT SHALL TAKE EFFECT ON THE COMPLETION OF THE
6 TERM OF THE JUSTICE THEN SERVING IN SUCH OFFICE OR UPON THE SOONER
7 HAPPENING OF A VACANCY THEREIN.
8 S 2210. NON-JUDICIAL STAFF.
9 NOTWITHSTANDING ANY PROVISION OF LAW, EACH JUSTICE COURT SHALL HAVE AT
10 LEAST ONE CLERK AND SUCH OTHER PERSONNEL AS THE BUDGET FOR SUCH COURT
11 SHALL PROVIDE, WHO SHALL BE EMPLOYEES OF THE COURT.
12 S 2. Paragraph a of subdivision 2 of section 3-301 of the village law,
13 as amended by chapter 555 of the laws of 2006, is amended to read as
14 follows:
15 a. except as provided in section 3-303 of this article, no more than
16 two village justices, but in the event a village has one justice, it
17 shall also have an acting justice who shall serve when requested by the
18 village justice or in the absence or inability of the village justice to
19 serve. The office of village justice is continued in every village in
20 which it is now established[. The board of trustees of any other village
21 may establish such office by resolution or local law, subject to a
22 permissive referendum. The board of trustees of any village by resol-
23 ution or local law, subject to permissive referendum, may abolish such
24 office, but to take effect only upon the expiration of the then current
25 term of such office, or establish the office of additional village
26 justices, which justice once elected shall have all the powers and
27 duties of a village justice. The resolution or local law in the latter
28 case shall provide for a term pursuant to section 3-302 of this article.
29 The clerk of the court of a village shall be discharged from employment
30 only upon the advice and consent of the village justice or justices when
31 the clerk, in his or her village duties, works solely for the village
32 justice or justices], EXCEPT AS OTHERWISE PROVIDED BY SECTION TWENTY-TWO
33 HUNDRED NINE OF THE UNIFORM JUSTICE COURT ACT.
34 S 3. Subdivisions 1 and 4 of section 849-i of the judiciary law,
35 subdivision 1 as added by chapter 280 of the laws of 1999 and subdivi-
36 sion 4 as amended by chapter 127 of the laws of 2007, are amended to
37 read as follows:
38 1. Each town and village [having] RESPONSIBLE FOR FUNDING a justice
39 court IN WHOLE OR IN PART may make an individual application for funds
40 available pursuant to this article, or two or more such towns or
41 villages, or towns and villages, may make a joint application for such
42 funds, FOR THE SUPPORT OF SUCH COURT. All applications shall be submit-
43 ted to the chief administrator of the courts for his or her approval.
44 4. Notwithstanding any other provision of law, the chief administrator
45 shall not approve any application for funding in excess of THE GREATER
46 AMOUNT OF (A) thirty thousand dollars [unless such application is] OR,
47 IN THE CASE OF a joint application, THE PRODUCT OF THIRTY THOUSAND
48 DOLLARS and the [aggregate funding sought thereunder does not exceed an
49 amount equaling the product of the] number of joint applicants [making
50 such application and thirty thousand dollars], AND (B) THIRTY PERCENT OF
51 THE TOTAL AMOUNT BUDGETED FOR THE SUPPORT OF SUCH COURT AND CHARGED TO
52 SUCH MUNICIPALITY OR MUNICIPALITIES FOR THE FISCAL YEAR IN WHICH SUCH
53 FUNDS WOULD BE PAID, NOR APPROVE ANY SUCH APPLICATION FOR THE SUPPORT OF
54 A COURT NOT IN COMPLIANCE WITH RULES AND REGULATIONS GOVERNING THE
55 ADMINISTRATION AND OPERATION THEREOF AS THE CHIEF ADMINISTRATOR MAY
56 PROVIDE UNLESS THE PROVISION OF SUCH FUNDS IS PURSUANT TO A REMEDIAL
A. 5647 12
1 COMPLIANCE PLAN JOINTLY APPROVED BY THE CHIEF ADMINISTRATOR, THE
2 JUSTICES OF SUCH COURT AND THE CHIEF EXECUTIVE OFFICER OF EACH MUNICI-
3 PALITY RESPONSIBLE FOR FUNDING SUCH COURT PURSUANT TO ARTICLE
4 TWENTY-TWO-A OF THE UNIFORM JUSTICE COURT ACT.
5 S 4. Subdivision 3 of section 31 of the town law, as separately
6 amended by chapters 250 and 861 of the laws of 1975 and as renumbered by
7 chapter 123 of the laws of 1981, is amended to read as follows:
8 3. Notwithstanding any other law, actual and necessary expenses
9 incurred by a justice or justice elect in attending a course of training
10 required [of him] before he OR SHE can assume the functions of [his]
11 office shall be a charge against the town FOR WHICH HE OR SHE IS
12 SELECTED.
13 S 5. Section 69 of the town law, as added by chapter 544 of the laws
14 of 1954, is amended to read as follows:
15 S 69. Duties of town board with respect to justice courts. Each [town
16 board shall provide for each] justice [of the peace] PRESIDING IN A
17 JUSTICE COURT FOR A TOWN SHALL BE ENTITLED TO HAVE FURNISHED FOR HIS OR
18 HER USE such statutes, manuals, books, forms and supplies as may be
19 necessary for the proper administration of his OR HER office. The
20 expenses incurred in complying with the foregoing provisions shall be a
21 town charge within the meaning of this chapter EXCEPT AS OTHERWISE
22 PROVIDED BY ARTICLE TWENTY-TWO-A OF THE UNIFORM JUSTICE COURT ACT.
23 S 6. Subdivision 11 of section 116 of the town law, as added by chap-
24 ter 357 of the laws of 1936, is amended to read as follows:
25 11. The fees and charges of a [police] justice or other officer
26 authorized by law to be paid for services rendered and expenses incurred
27 on account of offenses committed in a village and [triable] TRIED before
28 [the police] A justice[,] COURT FOR SUCH VILLAGE BUT NOT FOR SUCH TOWN
29 shall not be a town charge or be audited or paid by the town board of
30 the town.
31 S 7. Subdivision 2 of section 4-410 of the village law, as amended by
32 chapter 976 of the laws of 1973, is amended to read as follows:
33 2. [All the] EXCEPT AS OTHERWISE PROVIDED BY ARTICLE TWENTY-TWO-A OF
34 THE UNIFORM JUSTICE COURT ACT, ALL expenses of maintaining the village
35 court[, including the fees of the village justice if he is not paid a
36 salary,] shall be a village charge. [The fees allowable to villages for
37 the services of magistrates and the fees allowable to other officers for
38 services in criminal proceedings, for or on account of an offense which
39 a court of special sessions has not jurisdiction to try, shall be a
40 county charge, if the magistrate had jurisdiction of the proceedings in
41 which the services were rendered.] A county shall pay any amount due to
42 a village for the services of a village justice which are a county
43 charge upon presentation to it of a claim by the state comptroller for
44 such charges each quarter. If any fine legally payable to the state[,]
45 shall have been erroneously paid to the village treasurer, the board of
46 trustees may, and is hereby authorized to, appropriate in its next annu-
47 al budget such sum as may be necessary to reimburse the state for such
48 fine so paid.
49 S 8. Subdivision 7 of section 5-524 of the village law, as amended by
50 chapter 222 of the laws of 1982, is amended to read as follows:
51 7. The actual and necessary expenses of all officers, employees, and,
52 when authorized by the board of trustees, the actual and necessary
53 expenses of the volunteer chief and assistant volunteer chiefs of the
54 village fire department incurred in the performance of their official
55 duties shall be a village charge. For the purposes of this subdivision
56 "actual and necessary expenses", as it applies to a volunteer chief or
A. 5647 13
1 assistant volunteer chief of the village fire department, means only
2 such expenses incurred in the performance of their extra official duties
3 as volunteer chief or assistant volunteer chief. The board of trustees
4 of any village, in lieu of auditing and allowing the claim of a village
5 officer, employee, or volunteer chief and assistant volunteer chiefs of
6 the village fire department for actual and necessary expenses for trav-
7 el, may determine by resolution to allow and pay such officer, employee,
8 or volunteer chief and assistant volunteer chiefs of the village fire
9 department a reasonable mileage allowance for use of his OR HER own
10 automobile for each mile actually and necessarily traveled by him OR HER
11 in the performance of the duties of his OR HER office or position, or in
12 attending a convention, conference or school pursuant to section seven-
13 ty-seven-b of the general municipal law. The actual and necessary
14 expenses incurred by a [police] VILLAGE justice OR JUSTICE ELECT who
15 does not also hold the office of town justice OR JUSTICE ELECT in
16 attending [a training school for justices provided by the education
17 department or given within his county by the county magistrate's associ-
18 ation] A COURSE OF TRAINING REQUIRED BEFORE HE OR SHE CAN ASSUME THE
19 FUNCTIONS OF OFFICE shall be a charge against the village [of] which he
20 OR SHE is [police justice. No such person, however, shall be allowed
21 such expenses for attending a regional school unless his village shall
22 be included within the area of such region as established by the educa-
23 tion department] SELECTED.
24 S 9. This act shall take effect immediately.
25 PART C
26 Section 1. The uniform justice court act is amended by adding two new
27 sections 105-a and 105-b to read as follows:
28 S 105-A. AGE AND EDUCATIONAL QUALIFICATIONS FOR TOWN AND VILLAGE
29 JUSTICES.
30 IN ADDITION TO OTHER QUALIFICATIONS FOR TOWN OR VILLAGE JUDICIAL
31 OFFICE ESTABLISHED BY LAW, NO PERSON OTHER THAN ONE SERVING AS A TOWN OR
32 VILLAGE JUSTICE ON THE EFFECTIVE DATE OF THIS SECTION SHALL BE ELIGIBLE
33 FOR SELECTION AS A TOWN OR VILLAGE JUSTICE UNLESS HE OR SHE SHALL HAVE
34 ACHIEVED THE AGE OF TWENTY-FIVE YEARS, GRADUATED FROM AN ACCREDITED HIGH
35 SCHOOL OR EARNED A GENERAL EQUIVALENCY DEGREE DIPLOMA, AND EARNED AN
36 ASSOCIATE OR BACCALAUREATE DEGREE FROM AN ACCREDITED INSTITUTION OF
37 HIGHER EDUCATION.
38 S 105-B. RESIDENCY REQUIREMENT FOR TOWN AND VILLAGE JUSTICES.
39 NOTWITHSTANDING ANY PROVISION OF LAW, A PERSON SHALL BE ELIGIBLE TO
40 SERVE AS A JUSTICE FOR ANY TOWN, OR FOR ANY VILLAGE WHOLLY OR PARTLY
41 LOCATED IN SUCH TOWN, WITHIN HIS OR HER COUNTY OF RESIDENCE OR AN
42 ADJOINING COUNTY. A JUSTICE WHO CEASES TO SATISFY THIS REQUIREMENT AS TO
43 ANY SUCH JUDICIAL OFFICE SHALL BE DEEMED TO VACATE SUCH OFFICE, WHICH
44 THEREAFTER SHALL BE FILLED IN THE MANNER PRESCRIBED BY LAW.
45 S 2. The uniform justice court act is amended by adding a new section
46 105-c to read as follows:
47 S 105-C. ELECTION TO PROCEED IN CERTAIN CRIMINAL ACTIONS.
48 (A) IN ACCORDANCE WITH THIS SECTION, A DEFENDANT APPEARING IN A
49 JUSTICE COURT PURSUANT TO AN ACCUSATORY INSTRUMENT THAT CHARGES A MISDE-
50 MEANOR OR FELONY MAY ELECT TO PROCEED IN SUCH MATTER ONLY BEFORE A
51 JUSTICE ADMITTED TO PRACTICE LAW IN THIS STATE. SUCH ELECTION SHALL BE
52 BY WRITTEN INSTRUMENT IN A FORM PRESCRIBED BY THE CHIEF ADMINISTRATOR OF
53 THE COURTS AND SHALL BE FILED WITH SUCH COURT NOT LATER THAN THE
A. 5647 14
1 COMPLETION OF THE FIRST APPEARANCE AT WHICH EITHER THE DEFENDANT MAKES A
2 MOTION OR SUCH COURT DECIDES A MOTION MADE BY THE PROSECUTOR.
3 (B) THE CHIEF ADMINISTRATOR SHALL PROMULGATE RULES TO EFFECTUATE THE
4 PROVISIONS OF THIS SECTION. SUCH RULES SHALL ENSURE THAT DEFENDANTS ARE
5 TIMELY ADVISED OF THE RIGHT OF ELECTION HEREUNDER AND THAT EACH CASE IN
6 WHICH A DEFENDANT MAKES SUCH AN ELECTION IS ASSIGNED TO A JUSTICE OR
7 JUDGE ADMITTED TO PRACTICE LAW IN THIS STATE WITH MINIMUM PRACTICABLE
8 DELAY AND BURDEN TO THE PARTIES.
9 S 3. Subdivision (a) of section 105 of the uniform justice court act,
10 as amended by chapter 250 of the laws of 1975, is amended to read as
11 follows:
12 (a) Training. No town or village justice [selected for a term of
13 office commencing on or after September first, nineteen hundred sixty-
14 seven], except one who has been admitted to practice law in this state,
15 shall assume the functions of [his] office unless he OR SHE has filed
16 with the clerk of [his] THE municipality IN WHICH HE OR SHE WAS SELECTED
17 a certificate of completion of a course OR COURSES of education and
18 training prescribed by the [administrative board. The administrative
19 board] CHIEF ADMINISTRATOR OF THE COURTS. THE CHIEF ADMINISTRATOR may
20 issue a temporary certificate enabling a town or village justice to
21 assume the functions of his OR HER office pending completion of the
22 earliest such course OR COURSES available thereafter, AND MAY ISSUE A
23 CERTIFICATE ENABLING A TOWN OR VILLAGE JUSTICE TO ASSUME PARTIAL FUNC-
24 TIONS OF OFFICE UPON SUCCESSFUL COMPLETION OF ANY PART OF SUCH COURSE OR
25 COURSES DIRECTLY RELATING TO SUCH PARTIAL FUNCTIONS PENDING SUCCESSFUL
26 COMPLETION OF THE NEXT COURSE OR COURSES RELATING TO THE REMAINING FUNC-
27 TIONS OF OFFICE THAT SUCH JUSTICE SHALL NOT YET BE CERTIFIED TO PERFORM.
28 Such certificates shall be in a form, and subject to terms and condi-
29 tions, prescribed by the [administrative board] CHIEF ADMINISTRATOR.
30 S 4. This act shall take effect immediately; provided, however, that
31 section one of this act shall take effect on the first of January next
32 succeeding the date on which it shall have become a law.
33 PART D
34 Section 1. Section 102 of the uniform justice court act is amended to
35 read as follows:
36 S 102. Application of UJCA.
37 THE JUSTICE COURTS OF THIS STATE SHALL INCLUDE EVERY COURT ESTABLISHED
38 TO SERVE AN INDIVIDUAL TOWN OR VILLAGE AND EVERY COURT ESTABLISHED TO
39 SERVE MULTIPLE SUCH LOCALITIES IN ACCORDANCE WITH THIS CHAPTER. The
40 jurisdiction of and practice and procedure in each SUCH court [governed
41 by the UJCA] shall be as prescribed herein, and each such court shall be
42 a part of the unified court system for the state. [Such] EACH SUCH court
43 [in each municipality] shall have an official seal [to be furnished by
44 the municipality] upon which shall be engraved the words "Justice Court
45 of the [(Town, Village or City) of] (insert name of municipality OR
46 MUNICIPALITIES FOR WHICH THE COURT PRESIDES), County of (insert name of
47 county), New York, Seal".
48 S 2. Section 103 of the uniform justice court act is amended to read
49 as follows:
50 S 103. Titles of justices; incidental powers.
51 The title of each justice [of:] SELECTED BY
52 [a.] a town [court] OR VILLAGE shall be "Town Justice"[;
53 b. a village court shall be] OR "Village Justice"[;], RESPECTIVELY,
54 and EACH SUCH JUSTICE PRESIDING IN A JUSTICE COURT PURSUANT TO THIS
A. 5647 15
1 CHAPTER SHALL BE TITLED A JUSTICE OF SUCH COURT. A POWER, DUTY OR LIMI-
2 TATION DEVOLVING ON A JUSTICE OR COURT SUBJECT TO THIS CHAPTER SHALL
3 DEVOLVE ON EACH JUSTICE OF SUCH COURT EXCEPT AS OTHERWISE PROVIDED BY
4 LAW.
5 [c. a court established in and for a city and governed by this act
6 shall be "City Justice".]
7 In addition to such judicial powers as are conferred by law in this
8 act or elsewhere, each justice shall have all of the powers conferred or
9 conferrable on non-judicial personnel of the court.
10 S 3. Section 104 of the uniform justice court act is amended to read
11 as follows:
12 S 104. Bond and oath of justice.
13 Upon assuming office, each justice shall file with the county clerk
14 his OR HER oath of office and a bond in an amount fixed by the [munici-
15 pal] GOVERNING board OF THE TOWN OR VILLAGE FOR WHICH SUCH JUSTICE WAS
16 SELECTED, and conditioned for the faithful performance of his OR HER
17 duties. Additional copies of the oath shall be filed with the [adminis-
18 trative board] CHIEF ADMINISTRATOR OF THE COURTS and with the clerk of
19 [the municipality] SUCH TOWN OR VILLAGE.
20 S 4. Subdivisions 6, 8 and 9 of section 106 of the uniform justice
21 court act are REPEALED, subdivision 7, as renumbered by chapter 321 of
22 the laws of 2007, is renumbered subdivision 6, subdivision 10 is renum-
23 bered subdivision 7 and subdivisions 1 and 2 of such section, subdivi-
24 sion 1 as amended by section 1 of part L of chapter 56 of the laws of
25 2010 and subdivision 2 as added by chapter 321 of the laws of 2007, are
26 amended to read as follows:
27 1. A justice may hold court anywhere in the municipality OR MUNICI-
28 PALITIES FOR WHICH SUCH JUSTICE COURT PRESIDES, including in the case of
29 a town [justice] anywhere within a village wholly or partly contained
30 within [the] SUCH town [of which he is a justice regardless of] whether
31 or not [said] A DIFFERENT JUSTICE COURT PRESIDES FOR SUCH village [has a
32 village court and in the event]. IF two or more contiguous villages
33 maintain offices in the same building, a [village] justice of A JUSTICE
34 COURT PRESIDING FOR any such village may hold court in such building,
35 notwithstanding that the building is outside the boundaries of such
36 village. [A town justice may hold court in an adjacent town providing
37 such justice has been elected or holds office pursuant to a plan estab-
38 lished by resolution which was adopted pursuant to the provisions of
39 section one hundred six-a of this article or the provisions of section
40 one hundred six-b of this article.] A justice may hold court in one or
41 more municipalities that form a contiguous geographic area, including in
42 a town and one or more villages each of which is wholly or partly
43 contained within such town, within the same county providing there is an
44 agreement between such municipalities pursuant to article five-g of the
45 general municipal law to hold all court proceedings in any of the such
46 municipalities in a courtroom or other suitable facility open to the
47 public. FOR PURPOSES OF ARRAIGNMENTS AND APPEARANCE PROCEEDINGS PURSU-
48 ANT TO A WARRANT, A JUSTICE MAY PRESIDE FOR HIS OR HER JUSTICE COURT
49 ANYWHERE IN THE COUNTY IN WHICH SUCH COURT IS ESTABLISHED PROVIDED THAT
50 THE COUNTY, CITY, TOWN OR VILLAGE PROVIDING THE COURT FACILITY IN WHICH
51 SUCH JUSTICE SHALL PRESIDE FOR ANY OF SUCH PURPOSES CONSENTS TO SUCH
52 USAGE.
53 2. The chief administrator of the courts may temporarily assign any
54 justice of another town or village [court], or a judge of a city court,
55 to [a town or village] ANY JUSTICE court within the county of such
56 judge's or justice's residence or an adjoining county. While temporarily
A. 5647 16
1 assigned hereunder, any such judge or justice shall have the powers,
2 duties and jurisdiction of a justice of the court to which the assign-
3 ment is made. After the expiration of any temporary assignment here-
4 under, the judge or justice assigned shall have all the powers, duties
5 and jurisdiction of a judge or justice of the court to which the assign-
6 ment was made with respect to all matters pending during the term of
7 such temporary assignment. Such judge or justice shall be entitled to
8 such compensation and travel expenses as the chief administrator shall
9 prescribe by rule, payable out of funds appropriated to the state judi-
10 ciary for such purpose.
11 S 5. Section 107 of the uniform justice court act, as amended by chap-
12 ter 861 of the laws of 1975, is amended to read as follows:
13 S 107. Records and dockets of court.
14 Each justice shall keep or cause to be kept legible and suitable
15 books, papers, records and dockets of all [civil actions and proceedings
16 and all criminal actions and] proceedings. The rules may prescribe
17 their form, care, custody and disposition, provided, however, that in
18 any county or part of a county where the district court system has been
19 duly adopted, all the dockets of the [town] justices then on file or
20 required to be filed[,] in the office of the town OR VILLAGE clerk[,] OR
21 IN THE JUSTICE COURT FOR SUCH TOWN OR VILLAGE shall be transferred to
22 the office of the clerk of the district court and there kept and main-
23 tained in the same manner as other official records of the district
24 court and responsibility for such records on the part of the town OR
25 VILLAGE AND THE JUSTICES AND CLERKS THEREOF shall cease.
26 S 6. Section 109 of the uniform justice court act is amended to read
27 as follows:
28 S 109. Non-judicial personnel; their powers and duties.
29 Each court shall have such non-judicial personnel as may be provided
30 by the [municipal board] BUDGET FOR SUCH COURT PURSUANT TO THIS CHAPTER.
31 Their powers and duties in addition to those provided by this act, shall
32 be as provided in the rules OF THE CHIEF ADMINISTRATOR. All non-judicial
33 personnel of the court shall have the power to administer oaths, take
34 acknowledgments and sign the process or mandate of the court, if so
35 authorized by law[,] OR COURT rule [or appellate division order].
36 S 7. Paragraph 3 of subdivision (a) of section 110 of the uniform
37 justice court act, as amended by chapter 236 of the laws of 1971, is
38 amended to read as follows:
39 3. a JUSTICE court [established in and] for [a city and governed by
40 this act,] MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A
41 OR ARTICLE TWENTY-TWO OF THIS CHAPTER, THE POLICE OFFICIALS, MARSHALS
42 AND CONSTABLES OF EACH SUCH MUNICIPALITY, EACH ACTING FOR HIS OR HER
43 MUNICIPALITY, AND the sheriff of the county.
44 S 8. Subdivision (c) of section 111 of the uniform justice court act
45 is amended to read as follows:
46 (c) Bond. With such oath as is required to be filed by subdivision (b)
47 OF THIS SECTION shall be filed a bond, in an amount fixed and approved
48 by the municipal board OR, FOR A JUSTICE COURT FOR MULTIPLE MUNICI-
49 PALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF
50 THIS CHAPTER, BY JOINT RESOLUTION OF EACH SUCH MUNICIPALITY, conditioned
51 for the faithful performance of duty.
52 S 9. Section 201 of the uniform justice court act, as amended by chap-
53 ter 626 of the laws of 1970 and subdivision a as amended by chapter 685
54 of the laws of 1977, is amended to read as follows:
55 S 201. Jurisdiction; in general.
A. 5647 17
1 a. The court shall have jurisdiction as set forth in this article and
2 as elsewhere provided by law[, subject, in the case of a city court
3 governed by this act, to the limitations stated in S 2300 (b) (2) (i) of
4 this act]. The phrase "$3000", whenever it appears herein, shall be
5 taken to mean "$3000 exclusive of interest and costs"[, except that, in
6 the case of a city court governed by this act whose monetary jurisdic-
7 tion is, pursuant to S 2300 (b) (2) (i) of this act, below $3000, it
8 shall be taken to mean such lesser sum as is applicable in the partic-
9 ular court, exclusive of interest and costs].
10 b. Concurrent civil jurisdiction of [town court] SEPARATE JUSTICE
11 COURTS PRESIDING FOR TOWN and village [court in village]. Notwithstand-
12 ing the provisions of this chapter [or section one hundred eighty-six of
13 the village law, the town] A JUSTICE court PRESIDING FOR A TOWN and [the
14 village] A SEPARATE JUSTICE court [of] PRESIDING FOR a village wholly or
15 partly within such town [and wherein a court has been established],
16 shall have concurrent civil jurisdiction over causes of action arising
17 within such village.
18 S 10. The section heading and subdivisions (a) and (b) of section 213
19 of the uniform justice court act are amended to read as follows:
20 [Residence] LOCATION OF PARTY RESIDENCE or business [within munici-
21 pality].
22 (a) In an action described in [S 202] SECTION TWO HUNDRED TWO OF THIS
23 CHAPTER, either a plaintiff or a defendant must:
24 1. be a resident of [the municipality] A TOWN OR VILLAGE FOR WHICH
25 SUCH JUSTICE COURT IS ESTABLISHED; or
26 2. have a regular employment within [the municipality] SUCH TOWN OR
27 VILLAGE; or
28 3. have a place for the regular transaction of business within [the
29 municipality] SUCH TOWN OR VILLAGE.
30 (b) A corporation, association or partnership shall, for the purposes
31 of this section, be deemed a resident of the [municipality] TOWN OR
32 VILLAGE if it has an office or agency or regularly transacts business
33 [in the municipality] THEREIN.
34 S 11. Section 214 of the uniform justice court act, as amended by
35 chapter 515 of the laws of 1978, is amended to read as follows:
36 S 214. Transferred cases IN WESTCHESTER COUNTY.
37 In a case brought in the supreme court or county court of Westchester
38 county where money damages only are sought and classification, pretrial
39 or other appropriate procedures in either of said courts or the demand
40 for relief have determined that the potential recovery, assuming liabil-
41 ity, in an action or proceeding or counterclaim therein will not exceed
42 the sum of five thousand dollars, exclusive of interest and costs, if
43 such action or proceeding is transferred to a [town or village] JUSTICE
44 court in the county of Westchester having jurisdiction of the parties
45 under section two hundred thirteen of this [act] ARTICLE, pursuant to
46 section nineteen of article six of the state constitution, the verdict
47 or judgment of such justice court shall not be subject to the limitation
48 of monetary jurisdiction specified elsewhere in this article for such
49 court, but shall be subject instead to a monetary jurisdiction not to
50 exceed five thousand dollars, exclusive of interest and costs. Alterna-
51 tively, for purposes of this section only, in the furtherance of the
52 interests of justice, such transfer may be made (a) to a justice court
53 [in] FOR a municipality adjacent to a municipality designated in section
54 two hundred thirteen of this [act] ARTICLE or to a justice court [in]
55 FOR a municipality adjacent to a city in Westchester county whose court
56 would otherwise have had jurisdiction by [the calendar] A justice of the
A. 5647 18
1 supreme court or judge of the county court; or (b) to any justice court
2 in the county of Westchester by the administrative judge of the ninth
3 judicial district. Costs incurred by local municipalities in administer-
4 ing their courts as a result of the application of this section shall be
5 [a charge] CHARGES against the county of Westchester within the amounts
6 appropriated by the county therefor and subject to reasonable rules and
7 regulations thereof by the county.
8 S 12. Section 1306 of the uniform justice court act is REPEALED.
9 S 13. Section 1801 of the uniform justice court act, as amended by
10 chapter 76 of the laws of 1994, is amended to read as follows:
11 S 1801. Small claims defined.
12 The term "small claim" or "small claims" as used in this act shall
13 mean and include any cause of action for money only not in excess of
14 three thousand dollars exclusive of interest and costs, provided that
15 the defendant either resides, or has an office for the transaction of
16 business or a regular employment, within [the] A municipality [where]
17 FOR WHICH the court [is located] PRESIDES. However, where a judge of the
18 county court, pursuant to subdivision (g) of section three hundred twen-
19 ty-five of the civil practice law and rules, transfers a small claim
20 from [the town or village] A JUSTICE court having jurisdiction over the
21 matter to another [town or village] JUSTICE court within the same coun-
22 ty, the court to which it is transferred shall have jurisdiction to
23 determine the claim.
24 S 14. Paragraph 3 of subdivision (a) of section 1911 of the uniform
25 justice court act, as added by chapter 489 of the laws of 2001, is
26 amended to read as follows:
27 3. [a.] No [clerk of any town] JUSTICE court shall collect or charge
28 any fee imposed pursuant to paragraph one of this subdivision from [the]
29 ANY town [in] OR VILLAGE FOR which such court [has jurisdiction, nor
30 from any village located therein or] PRESIDES OR from any officer or
31 agency of ANY such town or village.
32 [b. No clerk of any village court shall collect or charge any fee
33 imposed pursuant to paragraph one of this subdivision from the village
34 in which such court has jurisdiction, or from any officer or agency of
35 such village.]
36 S 15. Section 2012 of the uniform justice court act is REPEALED.
37 S 16. Section 2019-a of the uniform justice court act, as amended by
38 chapter 861 of the laws of 1975, is amended to read as follows:
39 S 2019-a. Justices' criminal records and docket.
40 The records and dockets of the court except as otherwise provided by
41 law shall be at reasonable times open for inspection to the public and
42 shall be and remain the property of the [village or town of the resi-
43 dence of such justice] COURT, and at the expiration of the term of
44 office of [such] EACH justice THEREOF shall be forthwith filed by him in
45 the office of the clerk of such [village or town] COURT, provided,
46 however, that if such records and dockets are transferred pursuant to
47 section [twenty hundred twenty-one] TWO THOUSAND TWENTY-ONE of the
48 uniform district court act, the responsibility for such records and
49 dockets by the [city, village or town] JUSTICE COURT shall cease and
50 they shall be the property of the district court to which they are
51 transferred. The record of every criminal action shall state the names
52 of the witnesses sworn and their places of residence[, and if in a city,
53 the street and house number;], and every proceeding had before him OR
54 HER. It shall be the duty of every such justice, at least once a year
55 and upon the last audit day of [such village or town] THE MUNICIPALITY
56 OR, IN THE CASE OF A JUSTICE OF A JUSTICE COURT FOR MULTIPLE MUNICI-
A. 5647 19
1 PALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF
2 THIS CHAPTER, THE LAST AUDIT DAY OF EACH OF SUCH TOWNS ONLY EXCEPT IN
3 THE CASE OF A JUSTICE COURT FOR MULTIPLE VILLAGES ONLY, THE LAST AUDIT
4 DAY OF EACH OF SUCH VILLAGES, to present his OR HER records and docket
5 to the auditing board of EACH said [village or town, which] MUNICI-
6 PALITY. FOR A JUSTICE COURT FOR A SINGLE TOWN OR VILLAGE ONLY, THE
7 GOVERNING board OF SUCH TOWN OR VILLAGE shall examine the said records
8 and docket, or cause THE same to be examined and a report thereon
9 submitted to the board by a certified public accountant, or a public
10 accountant and enter in the minutes of its proceedings the fact that
11 they have been duly examined, and that the fines AND FEES therein
12 collected have been turned over to the proper officials of [the] SUCH
13 village or town as required by law. FOR A JUSTICE COURT FOR MULTIPLE
14 MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE TWENTY-
15 TWO OF THIS CHAPTER, THE GOVERNING BOARDS OF EACH SUCH MUNICIPALITY
16 SHALL BY JOINT RESOLUTION CAUSE THE SAID RECORDS AND DOCKET TO BE EXAM-
17 INED IN THE MANNER PRESCRIBED BY THIS SECTION. EXAMINATIONS PURSUANT TO
18 THIS SECTION SHALL COMPLY WITH SUCH REASONABLE RULES AS THE STATE COMP-
19 TROLLER MAY PROVIDE. Any such justice who shall willfully fail to make
20 and enter in such records and docket forthwith[,] the entries by this
21 section required to be made or to exhibit such records and docket when
22 reasonably required, or present his OR HER records and docket [to the
23 auditing board] FOR AUDIT as herein required, shall be guilty of a
24 misdemeanor and shall, upon conviction, in addition to the punishment
25 provided by law for a misdemeanor, forfeit his OR HER office.
26 S 17. Subdivision 1 of section 2021 of the uniform justice court act,
27 as amended by chapter 460 of the laws of 1991, is amended to read as
28 follows:
29 1. A fine imposed and paid before commitment[,] must be received by
30 the court, and unless otherwise provided by law, shall be the property
31 of the town in which the offense was committed [if the fine was imposed
32 by a town court]. If, however, the [fine was imposed by a village court
33 for an] offense committed in a village FOR WHICH THERE EXISTED A VILLAGE
34 COURT ON THE EFFECTIVE DATE OF ARTICLE TWENTY-TWO OF THIS CHAPTER, then,
35 unless otherwise provided by law, the fine RECEIVED FOR SUCH OFFENSE
36 shall be the property of [the] SUCH village [in which the offense was
37 committed]. [All such fines shall be paid to the state comptroller by
38 the court on or before the tenth day of the month next succeeding their
39 collection.] Notwithstanding the foregoing provisions of this subdivi-
40 sion, all fines imposed for the violation of a village local law, ordi-
41 nance or regulation, unless otherwise provided by law, shall be the
42 property of such village, whether or not [the village] THERE has BEEN
43 established [the] FOR SUCH VILLAGE AN office of village justice.
44 S 18. Section 2021 of the uniform justice court act, as added by chap-
45 ter 1113 of the laws of 1971, is renumbered section 2022 and amended to
46 read as follows:
47 S 2022. Stenographer in criminal proceedings.
48 Whenever a contested criminal proceeding is prosecuted in a justice
49 court, [the justice] SUCH COURT may employ a stenographer to take the
50 testimony on such trial. The [municipal board shall fix the rate of
51 compensation to be paid to such stenographer for such services rendered.
52 Such compensation] COST THEREOF shall be a [municipal] charge AGAINST
53 SUCH COURT, and shall be audited and paid upon certification by the
54 court [specifying the number of folios furnished].
A. 5647 20
1 S 19. Section 2101 of the uniform justice court act, paragraph 1 of
2 subdivision (n) as amended by chapter 626 of the laws of 1970, is
3 amended to read as follows:
4 S 2101. Definitions.
5 The following words or phrases used in this act shall have the meaning
6 defined in this section, unless otherwise apparent from the context:
7 (a) "Administrative board" means the administrative board of the judi-
8 cial conference of the state.
9 (b) "Administrative judge" means the judicial officer designated, by
10 the appellate division of the department in which the court is located,
11 to be administrator of the particular court.
12 (c) "Appellate division" means the appellate division of the supreme
13 court in and for the department in which the particular court is
14 located, or its designated administrative judge.
15 (d) ["City" means the city in and for which is established the partic-
16 ular court, which court is established in and for a city and is governed
17 by this act, to which this act is being applied.
18 (e) "City justice" means the justice or justices of the particular
19 court, established in and for a city and governed by this act, to which
20 court this act is being applied.
21 (f)] "Clerk" means the clerk of the particular court to which this act
22 is being applied, or the non-judicial person performing the functions of
23 such office; if the particular court has no such clerk or non-judicial
24 person, it means the justice of such court.
25 [(g)] (E) "County" means the county in which is located, in whole or
26 in part, the municipality in and for which the particular court to which
27 this act is being applied is located.
28 [(h)] (F) "County clerk" means the clerk of the county defined above.
29 [(i)] (G) "Court" [embraces] AND "JUSTICE COURT" SHALL EMBRACE each
30 and every JUSTICE court or office to which this act is applicable pursu-
31 ant to [S 2300] SECTION TWENTY-THREE HUNDRED OF THIS ACT and, for
32 purposes of the application of this act to each such court, it shall be
33 taken as a reference to [either:
34 1.] the [town] court [of] PRESIDING FOR the particular town[;] or
35 [2. the village court of the particular] village, INCLUDING A COURT
36 FOR SUCH MULTIPLE MUNICIPALITIES, and if there is no court [established
37 in and] for the particular village [it means] THEN the [town] court, if
38 any, [of] FOR the town in which the village is located in whole or in
39 part[; or
40 3. the court established in and for the particular city, if such court
41 is governed by this act;], as the case may be.
42 [(j)] (H) "Court established in and for a city" means a court estab-
43 lished in and for a city, which court is governed by this act pursuant
44 to [S 2300] SECTION TWENTY-THREE HUNDRED of this act.
45 [(k)] (I) "Enforcement officer" means any appropriate officer as
46 enumerated in [S 110] SECTION ONE HUNDRED TEN of this act.
47 [(l)] (J) "Justice" embraces every justice of every court to which
48 this act applies, and it shall be taken as a reference to the justice of
49 the particular court to which this act is being applied.
50 [(m)] (K) "Municipal board" means the local governing body of the
51 town[,] OR village [or city in and] for which the particular court to
52 which this act is being applied [is established] PRESIDES.
53 [(n)] (L) "Municipality" means[, as applied to:
54 1. a town court,] the town [in and] for which [it is established and
55 it includes] A JUSTICE COURT PRESIDES, INCLUDING a village located in
56 whole or in part within the town with respect to civil causes of action
A. 5647 21
1 arising within such village or if there is no OTHER court [established
2 in and] PRESIDING for such village[;], OR
3 [2. a] THE village [court, the village in and] for which [it is estab-
4 lished] A JUSTICE COURT PRESIDES WHERE ON THE EFFECTIVE DATE OF ARTICLE
5 TWENTY-TWO OF THIS CHAPTER THERE EXISTED A VILLAGE COURT FOR SUCH
6 VILLAGE, AS THE CASE MAY BE[; and
7 3. a court established in and for a city, which court is governed by
8 this act, the city in and for which it is established].
9 [(o)] (M) "Rules" means the rules adopted pursuant to [S 2103] SECTION
10 TWENTY-ONE HUNDRED THREE of this act.
11 [(p)] (N) "Town" means the town [in and] for which [is established]
12 the particular [town] JUSTICE court to which this act is being applied
13 PRESIDES. It does not include any village which is in whole or in part
14 within the town unless there [is] WAS no village court established [in
15 and] for such village ON THE EFFECTIVE DATE OF ARTICLE TWENTY-TWO OF
16 THIS CHAPTER, in which event it does include such village. [It does not
17 include any city.]
18 [(q)] (O) "Town court" means the particular court or [office estab-
19 lished in and] JUSTICE for a town, which court or [office] JUSTICE is
20 governed by this act pursuant to [S 2300] SECTION TWENTY-THREE HUNDRED
21 of this act and to which this act is being applied.
22 [(r)] (P) "Town justice" means the justice or justices of the partic-
23 ular [town] JUSTICE court FOR THE TOWN to which this act is being
24 applied.
25 [(s)] (Q) "Village" means the village [in and] for which [is estab-
26 lished] the particular [village] JUSTICE court to which this act is
27 being applied PRESIDES OR FOR WHICH A VILLAGE COURT WAS ESTABLISHED ON
28 THE EFFECTIVE DATE OF ARTICLE TWENTY-TWO OF THIS CHAPTER.
29 [(t)] (R) "Village court" means the particular court or [office estab-
30 lished in and] JUSTICE for a village, which court or [office] JUSTICE is
31 governed by this act pursuant to [S 2300] SECTION TWENTY-THREE HUNDRED
32 of this act and to which this act is being applied.
33 [(u)] (S) "Village justice" means the justice or justices of the
34 particular [village] JUSTICE court FOR THE VILLAGE to which this act is
35 being applied.
36 S 20. Subdivision (b) of section 2300 of the uniform justice court act
37 is amended to read as follows:
38 (b) Courts to which applicable.
39 [1. Town and village courts.] This act shall apply to[:
40 (i)] every court in the state [which is] established [in] and PRESID-
41 ING for [a town, whether] ONE OR MORE TOWNS AND/OR ONE OR MORE VILLAGES,
42 BY WHATEVER NAME SUCH COURT PREVIOUSLY WAS denominated ["justice court",
43 "justice's court", "justice of the peace", "town court", "office of
44 justice of the peace", or any other combination of words denoting the
45 office or court commonly known as that of justice of the peace of a
46 town; and
47 (ii) every court in the state which is established in and for a
48 village, whether denominated "village court", "village justice", "police
49 justice", "police court", "village police justice", "village justice of
50 the peace", "office of village police justice", or any other combination
51 of words denoting the office or court commonly known as that of village
52 police justice], except as provided by PARAGRAPH TWO OF subdivision
53 (d) [(2)] OF THIS SECTION regarding areas of a district court.
54 [2. City courts. The applicability of this act to courts established
55 in and for cities outside the city of New York, regardless of the name
A. 5647 22
1 or designation of such courts, shall be as provided in the following
2 subparagraphs.
3 (i) Civil jurisdiction. If the court has civil jurisdiction, but in
4 its exercise is governed by the UCCA pursuant to either paragraph one or
5 three of UCCA S 2300(c), no part of this act shall apply to such court.
6 If the court exercised civil jurisdiction immediately prior to the
7 effective date of this act and in the exercise thereof the court was and
8 is not governed by the UCCA pursuant to either paragraph one or three of
9 UCCA S 2300(c), this act, with the exception of article 20 and such
10 other provisions hereof as are concerned with the criminal practice and
11 procedure, shall apply to the court. In such instance, the basic mone-
12 tary jurisdiction of the court, for purposes of article two of this act,
13 shall be as elsewhere provided by law for such court; and if the law
14 providing for the monetary jurisdiction of such court states no monetary
15 figure, but adopts by reference such figure as is supplied by a differ-
16 ent law, the reference shall be disregarded and the monetary jurisdic-
17 tion of such court, for purposes of article two of this act, shall be
18 $500.
19 (ii) Criminal jurisdiction. Article 20 of this act, and such other
20 portions hereof as are concerned exclusively with criminal jurisdiction,
21 practice or procedure, shall not apply to any court established in and
22 for a city.]
23 S 21. Section 99-k of the general municipal law is REPEALED.
24 S 22. The opening paragraph of subdivision 1 of section 99-1 of the
25 general municipal law, as amended by chapter 452 of the laws of 1997, is
26 amended to read as follows:
27 [Towns and villages, for their own respective benefits shall be enti-
28 tled to receive for] FOR the services of the town [court and the] OR
29 village [court] in WHOSE FACILITY A JUSTICE COURT PRESIDES OVER A crimi-
30 nal [actions and] ACTION OR other [proceedings] PROCEEDING, THE COURT
31 SHALL COLLECT ON BEHALF OF SUCH TOWN OR VILLAGE:
32 S 23. Subdivision 2 of section 99-m of the general municipal law, as
33 amended by chapter 465 of the laws of 1998, is amended to read as
34 follows:
35 2. A JUSTICE COURT FOR A town or village [court], INCLUDING A JUSTICE
36 COURT FOR MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A
37 OR ARTICLE TWENTY-TWO OR THE UNIFORM JUSTICE COURT ACT, shall be enti-
38 tled to a fee of two per centum of the amount of bail money deposited
39 with the court in connection with a criminal action or proceeding over
40 which the court retains jurisdiction, other than an action or proceeding
41 in which the accusatory instrument charges one or more traffic infrac-
42 tions only, and an additional fee of one per centum as provided herein.
43 The total fees on a sum of bail shall not, however, exceed three per
44 centum and [a town or village] SUCH court shall not be entitled to
45 collect such fees on bail transferred to a superior court. All fees on
46 bail collected by [a town or village] SUCH court shall be paid to the
47 state comptroller by the court on or before the tenth day of the month
48 next succeeding their collection, except as provided in subdivision
49 three of section ninety-nine-a of the state finance law. [Two] FOR A
50 JUSTICE COURT FOR A SINGLE TOWN OR VILLAGE ONLY, TWO per centum of the
51 bail moneys so collected shall be the property of [the] SUCH town or
52 village [in which the court reporting the same is located, and the]; FOR
53 A JUSTICE COURT FOR MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE
54 HUNDRED SIX-A OR ARTICLE TWENTY-TWO OF THE UNIFORM JUSTICE COURT ACT,
55 EACH SUCH MUNICIPALITY SHALL SHARE SUCH TWO PER CENTUM IN PROPORTION TO
56 THE POPULATION OF EACH SUCH MUNICIPALITY AS MEASURED IN THE PRECEDING
A. 5647 23
1 FEDERAL DECENNIAL CENSUS OR ENUMERATION, AS THE STATE COMPTROLLER SHALL
2 PROVIDE. THE additional one per centum of such bail moneys shall be
3 disbursed as provided in subdivision three of this section, and shall be
4 used to fund the alternatives to incarceration service plan approved
5 pursuant to article thirteen-A of the executive law for the county in
6 which the [town or village] COURT is located.
7 S 24. Subdivision 3 of section 99-a of the state finance law, as
8 amended by chapter 465 of the laws of 1998, is amended to read as
9 follows:
10 3. The comptroller is hereby authorized to implement alternative
11 procedures, including guidelines in conjunction therewith, relating to
12 the remittance of fines, penalties, forfeitures and other moneys by
13 [town and village] justice courts, and by the Nassau county traffic and
14 parking violations agency, to the justice court fund and for the
15 distribution of such moneys by the justice court fund. Notwithstanding
16 any law to the contrary, the alternative procedures utilized may
17 include:
18 a. electronic funds transfer;
19 b. remittance of funds by the justice court to the chief fiscal office
20 of the town or village[, or, in the case of]; FOR JUSTICE COURTS FOR
21 MULTIPLE MUNICIPALITIES PURSUANT TO SECTION ONE HUNDRED SIX-A OR ARTICLE
22 TWENTY-TWO OF THE UNIFORM JUSTICE COURT ACT, TO THE CHIEF FISCAL OFFICER
23 OF EACH SUCH MUNICIPALITY; AND FOR the Nassau county traffic and parking
24 violations agency, to the county treasurer, ALL for distribution in
25 accordance with instructions by the comptroller; and/or
26 c. monthly, rather than quarterly, distribution of funds.
27 The comptroller may require such reporting and record keeping as he or
28 she deems necessary to ensure the proper distribution of moneys in
29 accordance with applicable laws. A justice court or the Nassau county
30 traffic and parking violations bureau may utilize these procedures only
31 when permitted by the comptroller, and such permission, once given, may
32 subsequently be withdrawn by the comptroller on due notice.
33 S 25. Paragraph b of subdivision 1 and subdivision 2 of section 1803
34 of the vehicle and traffic law, paragraph b of subdivision 1 as amended
35 by chapter 385 of the laws of 1999 and subdivision 2 as amended by chap-
36 ter 1097 of the laws of 1971, are amended to read as follows:
37 b. for a violation which occurs in a village in which the office of
38 village justice [is] WAS established ON THE EFFECTIVE DATE OF ARTICLE
39 TWENTY-TWO OF THE UNIFORM JUSTICE COURT ACT, any fine or penalty shall
40 be paid to the village in which the violation occurs, when such
41 violation is of (1) any of the provisions of title seven of this chap-
42 ter, but including violations of section eleven hundred eighty OF THIS
43 CHAPTER only when occurring in state parks for which the office of
44 parks, recreation and historic preservation has established maximum
45 speed limits pursuant to section sixteen hundred thirty OF THIS CHAPTER
46 and the violations could have been charged under either such established
47 maximum speed limits or another section of this chapter, and when
48 involving maximum speed limits established pursuant to section sixteen
49 hundred forty-three, sixteen hundred forty-four or sixteen hundred
50 seventy OF THIS CHAPTER, and excluding violations of sections eleven
51 hundred eighty-two, eleven hundred ninety-two and twelve hundred twelve
52 of this chapter, or (2) any ordinance, order, rule or regulation adopted
53 pursuant to article two-E of the transportation law or section sixteen
54 hundred thirty of this chapter by the East Hudson Parkway Authority or
55 by its successor, or the County of Westchester Department of Parks,
56 Recreation and Conservation, or the state office of parks, recreation
A. 5647 24
1 and historic preservation. For purposes of this paragraph, violations
2 shall be deemed to be violations of any such ordinance, order, rule or
3 regulation when they occur on highways under the jurisdiction of the
4 enumerated entities and the violations could have been charged under
5 either such ordinance, order, rule or regulation, or another section of
6 this chapter. Notwithstanding the foregoing provisions of this para-
7 graph, all fines, penalties and forfeitures for violation of a village
8 ordinance, local law or regulation adopted pursuant to the authorization
9 of paragraph six of subdivision (a) of section sixteen hundred forty of
10 this chapter prohibiting, restricting or limiting the stopping, standing
11 or parking of vehicles shall be paid to such village whether or not the
12 village has OR HAD established the office of village justice.
13 2. Whenever a defendant is arrested and arraigned before a judicial
14 officer authorized to conduct any proceedings in or in connection with
15 any prosecution triable in any local court of inferior jurisdiction [of]
16 FOR a city [or before a], town [court,] or [a] village [court] on a
17 charge in which the state is entitled to all fines and penalties under a
18 sentence or judgment of conviction such city, town or village shall be
19 entitled to receive the fees set forth in section ninety-nine-l of the
20 general municipal law and such fees shall be a state charge and paid as
21 provided in section ninety-nine-a of the state finance law.
22 S 26. Section 45 of the agriculture and markets law, as amended by
23 chapter 892 of the laws of 1972, is amended to read as follows:
24 S 45. Disposal of fines and moneys recovered. Except as otherwise
25 provided in this chapter, all moneys recovered, either as fines, penal-
26 ties, forfeitures or otherwise, for the violation of any of the
27 provisions of this chapter, or of any other law the enforcement of which
28 is within the jurisdiction of the department, or of the rules of the
29 department, and all bail forfeited by persons charged with such
30 violations, shall be the property of the state. Moneys so recovered by
31 [town justices] JUSTICE COURTS shall be paid to the state comptroller in
32 accordance with the provisions of section twenty-seven of the town law
33 [and] EXCEPT THAT moneys so recovered by [village justices] JUSTICE
34 COURTS FOR ONE OR MORE VILLAGES ONLY shall be paid to the state comp-
35 troller in accordance with the provisions of section 4-410 of the
36 village law. The same disposal shall be made of all moneys recovered
37 upon any bond given by any officer by virtue of the provisions of this
38 chapter. Provided, however, that any such moneys collected as fines,
39 penalties or forfeitures as a result of a prosecution for a violation of
40 any of the provisions of article sixteen [and sixteen-a] of this chapter
41 and all bail forfeited by persons charged with such violations shall be
42 the property of the county or city, as the case may be, in which the
43 alleged offense was prosecuted and shall be paid to the treasurer, or
44 corresponding fiscal officer, of such county or city, except that any
45 such moneys and any such bail forfeitures, collected by [the town
46 justices or by village justices] JUSTICE COURTS shall be paid to the
47 state comptroller in accordance with section twenty-seven of the town
48 law and MONEYS SO RECOVERED BY JUSTICE COURTS FOR ONE OR MORE VILLAGES
49 ONLY SHALL BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH section
50 4-410 of the village law, respectively.
51 S 27. Subdivision 2 of section 71-0211 of the environmental conserva-
52 tion law, as amended by chapter 460 of the laws of 1991, is amended to
53 read as follows:
54 2. Unless otherwise provided in this chapter, not later than the tenth
55 day of each month, all fines, penalties and forfeitures collected for
56 violations of this chapter or rules, regulations, local laws or ordi-
A. 5647 25
1 nances adopted thereunder under judgment of any [town or village]
2 JUSTICE court[,] shall be paid over by such court to the comptroller of
3 the state, with a statement accompanying the same, setting forth the
4 action or proceeding in which such moneys were collected, the name and
5 residence of the defendant, the nature of the offense, and the fines and
6 penalty imposed. The comptroller shall pay these funds into the general
7 fund of the state.
8 S 28. Subdivisions 2 and 3 of section 71-0507 of the environmental
9 conservation law, subdivision 3 as amended by chapter 400 of the laws of
10 1973, are amended to read as follows:
11 2. Such actions, if in [justices' courts] A JUSTICE COURT, may be
12 brought in THE JUSTICE COURT FOR any town OR VILLAGE of the county in
13 which the penalty is incurred, or, if the defendant resides in another
14 county, [in] FOR any town OR VILLAGE of the county in which the defend-
15 ant resides.
16 3. Moneys received by a [town justice or a village] justice COURT in
17 any action for a penalty brought under the provisions of this chapter
18 listed in section 71-0501 [of] OR titles 5 through 15 inclusive and
19 title 33 or upon the settlement or compromise thereof, or a fine for a
20 violation of the provisions of this chapter listed in section 71-0501
21 and titles 5 through 15 inclusive and title 33 of this article shall be
22 paid to the State Comptroller as provided in section 27 of the [Town
23 Law] TOWN LAW and section 4-410 of the village law. From the moneys so
24 received, the State Comptroller shall pay all lawful fees for services
25 rendered in such actions when instituted by order of the department or
26 upon information of a conservation officer, regional and assistant
27 regional conservation officer, special game protector, district ranger,
28 forest ranger, or member of the state police. The balance of such moneys
29 arising from penalties under articles 11 or 13 OF THIS CHAPTER or title
30 9 of this article or upon the settlement or compromise thereof or from
31 fines for violations of any of the provisions of articles 11 or 13 OF
32 THIS CHAPTER or title 9 of this article after the payment of lawful fees
33 shall be credited by the Comptroller to the conservation fund. The Comp-
34 troller shall adjust and settle his OR HER account with the conservation
35 fund in the manner provided by section 99-a of the [State Finance Law]
36 STATE FINANCE LAW. The balance of all other such moneys after payment of
37 lawful fees shall be credited by the Comptroller to the general fund.
38 S 29. Section 71-0521 of the environmental conservation law is amended
39 to read as follows:
40 S 71-0521. Certificate by court [or justice].
41 The court [or justice], other than a [town justice or a village
42 police] justice COURT, before whom any person shall be tried or before
43 whom a compromise of the civil penalties for a violation of any
44 provision of this chapter listed in section 71-0501 or under titles 5
45 through 15 inclusive and title 33 of this article, shall have been made,
46 or the clerk of the court, [if there be a clerk,] shall, at the termi-
47 nation of such trial or proceeding, forthwith mail or deliver to the
48 department at Albany, or to its representative at such trial or proceed-
49 ing, a certified statement of the disposition of the case or proceeding,
50 giving the date thereof, the name of the defendant, the name of the
51 person upon whose information the action or proceeding was instituted,
52 the date and place of the violation, the name of each witness sworn in
53 support of the charges, and the costs of the court [or fees of the
54 justice], and the fees of the constable, if any. Provided, however,
55 that a [town] justice [or a village police justice] COURT before whom
56 any person shall be tried or before whom a compromise of the civil
A. 5647 26
1 penalties for a violation of any provision of this chapter listed in
2 section 71-0501 or under titles 5 through 15 inclusive and title 33 of
3 this article, shall have been made, OR THE CLERK OF SUCH COURT, shall
4 forthwith mail or deliver to the department at Albany or to its repre-
5 sentative in attendance at such trial or proceeding such certified
6 statement, and within the first ten days of the month following the
7 termination of such trial or proceeding deliver to the State Comptroller
8 at Albany a statement in such form as the Comptroller may require. The
9 Comptroller upon receipt of such statement shall, as provided in section
10 71-0507, audit the bills of the justice [of the peace] COURT and the
11 constable for fees in such trial or proceeding and shall pay to the
12 persons entitled thereto the amounts allowed by such audit and shall
13 charge same to the conservation fund.
14 S 30. Subdivision 2 of section 52 of the workers' compensation law, as
15 amended by chapter 6 of the laws of 2007, is amended to read as follows:
16 2. All fines imposed under this chapter, except as herein otherwise
17 provided, shall be paid directly and immediately by the officer collect-
18 ing the same to the [chairman] CHAIRPERSON, and shall be paid by him OR
19 HER into the uninsured employers' fund created under section
20 twenty-six-a of this chapter, provided, however, that all such fines
21 collected by [justices of towns and villages] JUSTICE COURTS shall be
22 paid to the state comptroller in accordance with the provisions of
23 section twenty-seven of the town law and section 4-410 of the village
24 law respectively.
25 S 31. Subdivision 1 of section 27.13 of the parks, recreation and
26 historic preservation law, as amended by chapter 292 of the laws of
27 1980, is amended to read as follows:
28 1. Not later than the tenth day of each month, all fines and penalties
29 collected for violations of this chapter or rules, regulations, local
30 laws or ordinances adopted thereunder under judgment of any [town or
31 village] JUSTICE court[,] shall be paid over by such court to the comp-
32 troller of the state, with a statement accompanying the same, setting
33 forth the action or proceeding in which such moneys were collected, the
34 name and residence of the defendant, the nature of the offense, and the
35 fines and penalty imposed.
36 All fines and penalties collected for violations of this chapter by
37 courts operating pursuant to section thirty-nine of the judiciary law
38 shall be paid to the state commissioner of taxation and finance on a
39 monthly basis no later than ten days after the last day of each month.
40 S 32. Subdivisions 1 and 3 of section 201 of the navigation law, as
41 amended by chapter 805 of the laws of 1992, are amended to read as
42 follows:
43 1. On the first day of each month or within ten days thereafter, all
44 fines and penalties collected for violations of this chapter, except for
45 violations of article six OF THIS CHAPTER, under judgment of any [town
46 or village court or] justice COURT or pursuant to compromise, shall be
47 paid over by such court [or justice] to the comptroller of the state,
48 with a statement accompanying the same, setting forth the action or
49 proceeding in which such moneys were collected, the name and residence
50 of the defendant, the nature of the offense, and the fine or penalty
51 imposed.
52 3. All fines and penalties imposed for violations of article four of
53 this chapter under judgment of any [town or village court or] justice
54 COURT or pursuant to compromise which are paid over by such court [or
55 justice] to the comptroller shall be deposited by the comptroller into
A. 5647 27
1 the "I love NY waterways" boating safety fund established pursuant to
2 section ninety-seven-nn of the state finance law.
3 S 33. This act shall take effect immediately.
4 S 4. Severability. If any clause, sentence, paragraph, subdivision,
5 section or part of this act shall be adjudged by any court of competent
6 jurisdiction to be invalid, such judgment shall not affect, impair or
7 invalidate the remainder thereof, but shall be confined in its operation
8 to the clause, sentence, paragraph, subdivision, section or part thereof
9 directly involved in the controversy in which such judgment shall have
10 been rendered. It is hereby declared to be the intent of the legislature
11 that this act would have been enacted even if such invalid provisions
12 had not been included herein.
13 S 5. This act shall take effect immediately; provided, however that
14 the applicable effective date of Parts A through D of this act shall be
15 as specifically set forth in the last section of such Parts.
