STATE OF NEW YORK
        ________________________________________________________________________

                                           983

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sens. GAUGHRAN, KAPLAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Local Government

        AN ACT to amend the village law, in relation to authorizing the appoint-
          ment of an additional associate village justice by villages

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

     1    Section  1.  Paragraph  a  of  subdivision  2  of section 3-301 of the
     2  village law, as amended by chapter 259 of the laws of 2016,  is  amended
     3  to read as follows:
     4    a.  except  as provided in section 3-303 of this article, no more than
     5  two village justices, but in the event a village  has  one  justice,  it
     6  shall  also  have an associate justice who shall serve when requested by
     7  the village justice or in  the  absence  or  inability  of  the  village
     8  justice to serve. A village that has one justice, may adopt a resolution
     9  on  unanimous  consent of the village board of trustees to authorize the
    10  appointment  of  a  second  associate  village  justice  to  serve  when
    11  requested  by  the village justice or in the absence or inability of the
    12  village justice or associate village justice to  serve.  The  office  of
    13  village  justice is continued in every village in which it is now estab-
    14  lished. The board of trustees of any other village  may  establish  such
    15  office  by  resolution or local law, subject to a permissive referendum.
    16  The board of trustees of any village by resolution or local law, subject
    17  to permissive referendum, may abolish such office, but  to  take  effect
    18  only  upon  the  expiration  of the then current term of such office, or
    19  establish the office of additional village justices, which justice  once
    20  elected  shall  have all the powers and duties of a village justice. The
    21  resolution or local law in the latter case  shall  provide  for  a  term
    22  pursuant  to  section 3-302 of this article. The clerk of the court of a
    23  village shall be discharged from employment only  upon  the  advice  and
    24  consent of the village justice or justices when the clerk, in his or her
    25  village duties, works solely for the village justice or justices.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03904-01-1