Bill Text: NY A09524 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes town assessors an appointed position statewide; ends elections for town assessors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-20 - referred to local governments [A09524 Detail]

Download: New_York-2023-A09524-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9524

                   IN ASSEMBLY

                                     March 20, 2024
                                       ___________

        Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
          tee on Local Governments

        AN  ACT  to amend the town law, in relation to requiring the appointment
          of assessors

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs  (b) and (f) of subdivision 1 of section 20 of
     2  the town law, paragraph (b) as amended by chapter 513  of  the  laws  of
     3  2022  and  paragraph  (f) as amended by chapter 472 of the laws of 1984,
     4  are amended to read as follows:
     5    (b) Except as otherwise provided by law,  every  town  of  the  second
     6  class shall have a supervisor, two justices of the peace, two town coun-
     7  cil  members,  a  town  clerk,  a town superintendent of highways, three
     8  assessors, a collector, and, if there be no town police  department,  as
     9  many  constables  as the town board may determine necessary. In any such
    10  town in which a town police department has been established pursuant  to
    11  law,  the  town  board may appoint not more than four civil officers who
    12  shall possess all the powers and duties of constables in  civil  actions
    13  and  proceedings  only,  except that the town board of the town of Sout-
    14  hold, county of Suffolk, may appoint  four  additional  constables,  who
    15  shall possess all the powers and duties of constables in civil and crim-
    16  inal  actions  and proceedings, solely for the benefit of Fishers Island
    17  located in such town; provided, however, that nothing in this  paragraph
    18  shall be deemed to authorize such constables to carry, repair or dispose
    19  of  a  firearm  unless the appropriate license therefore has been issued
    20  pursuant to section 400.00 of the penal law; and shall be paid no salary
    21  by the town board but shall be entitled to collect  the  statutory  fees
    22  allowed by law in such civil actions and proceedings.  Every town of the
    23  second class may have in addition such other employees as the town board
    24  may  determine  necessary  for  the proper conduct of the affairs of the
    25  town. The supervisor, justices of the peace, town council members,  town
    26  clerk,  town  superintendent  of  highways[, assessors] and collector in
    27  every such town shall be elected. All other town officers and  employees
    28  in such a town shall be appointed by the town board, except as otherwise

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05834-01-3
        A. 9524                             2

     1  provided  by  law.  Provided,  however,  that in a town having less than
     2  three hundred inhabitants according to the  latest  federal  census  and
     3  having  a  taxable  property valuation of less than one hundred thousand
     4  dollars  according to the latest assessment roll, there shall be elected
     5  one justice of the peace for a term of four years [and one assessor  for
     6  a  term  of  two years,] but no town council member.  Successors to such
     7  officers shall be elected for like terms at the biennial  town  election
     8  prior  to  the  expiration  of their terms of office.   The clerk of the
     9  court of a town shall be employed and discharged  from  employment  only
    10  upon the advice and consent of the town justice or justices.
    11    (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
    12  sion, every town of the second class [which has not exercised the option
    13  to retain elective assessors in the manner provided  by  former  section
    14  fifteen  hundred  fifty-six of the real property tax law] shall have one
    15  assessor to be appointed in the manner and for the  term  prescribed  by
    16  section three hundred ten of the real property tax law.
    17    § 2. An elected assessor who cannot be reelected due to section one of
    18  this act may complete his or her term as an elected assessor.
    19    § 3. This act shall take effect immediately.