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Sponsors
Senator · Senate District 42
1 Co-sponsor
History
- Substituted by A9480
- Advanced to third reading
- 2nd report cal.
- 1st report cal.628
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to repealing the requirement of an undertaking by a surrogate or a county judge; repealer
Signed by Governor · Sponsor Dan Quart
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6659
Title of bill
An act to repeal subdivision 3 of section 184 of the judiciary law, relating to the requirement of an undertaking by a surrogate or a county judge
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Surrogate's Court Advisory Committee.
This measure would repeal subdivision three of section 184 of the Judiciary Law as obsolete, unnecessary and a possible source of mischief and misunderstanding. This bond requirement of Surrogates and County Judges is obsolete. The function of a surety under this statute has been superseded for all purposes by the State, commencing when Surrogates became State officers in 1977, when the State took over the expenses of all courts of the Unified Court System except the town and village courts. L. 1976, c. 966. While Surrogates are deemed "local officers" for purposes of filing of oaths of office based upon the definitions in section 2 of the Public Officers Law, they are "state officers" for purposes of filing of the undertaking as it is the State that is fiscally responsible for the acts of Surrogates and is the body "authorized to require the undertaking". See Public Officers Law § 11(2). As to State officers, the State Comptroller may waive the filing of any undertaking, blanket or individual, as the State has become a self-insurer. Public Officers Law, § 11(4). The Comptroller has waived the filing of undertakings by Surrogates and County Judges and so Surrogates and County Judges are now required to filed undertakings. The responsibility for a Judge's individual obligation in the course of his or her official duties to apply and pay over monies and effects as shall come into his or her hands in the execution of his or her office has been assumed by the state under the Public Officers Law.
This measure would have no fiscal impact on the State. It would take effect immediately.
Legislative history
None. New proposal.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.