Bill Text: NY S01877 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-16 - REFERRED TO LOCAL GOVERNMENT [S01877 Detail]

Download: New_York-2021-S01877-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        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 688 of the laws of
     3  2002 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  cilmen, a town clerk, a town superintendent of  highways,  three  asses-
     8  sors,  a  collector, and, if there be no town police department, as many
     9  constables as the town board may determine necessary. In any  such  town
    10  in  which a town police department has been established pursuant to law,
    11  the town board may appoint not more than four civil officers  who  shall
    12  possess  all  the  powers  and duties of constables in civil actions and
    13  proceedings only, except that the town board of the  town  of  Southold,
    14  county  of  Suffolk,  may  appoint four additional constables, who shall
    15  possess all the powers and duties of constables in  civil  and  criminal
    16  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 councilmen, town

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

        S. 1877                             2

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