What's happening
This bill retroactively approves the temporary establishment of a single town court for the towns of Erin and Chemung in 2016-2017.
Why it matters
Retroactively legitimizes the joint court's actions and decisions. from 2016-2017, potentially protecting past rulings or fines from legal challenge due to procedural mistakes during its creation.
Temporarily resolves a legal technicality. by recognizing the existence of the single town court even though Erin and Chemung did not follow all statutory steps, which could matter for residents or parties who interacted with the court during that period.
Clarifies the path for future court collaboration. , explicitly stating that Erin and Chemung must follow the correct legal process if they wish to establish a joint court again after 2017, and allows them to do so even though the towns are not adjacent—an exception to usual requirements.
Ensures continuity in judicial leadership. by confirming that the sitting justices from both towns were validly serving as justices of the joint court during the approved period, which could affect the legitimacy of their decisions and the rights of defendants or plaintiffs involved.
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Who cares
Headline styles
Merge Erin, Chemung Town Courts
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by S6770
- Rules report cal.668
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Reference changed to codes
- Print number 3022a
- Amend (t) and recommit to judiciary
- 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.
One Court for Two Towns
Signed by Governor · Sponsor Thomas F. O'Mara
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3022--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 24, 2017
Introduced by M. of A. FRIEND, PALMESANO -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to establish a single town court to serve the towns of Erin and Chemung
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. (a) The legislature hereby finds and declares that:
(i) In 2016, the towns of Erin and Chemung, in Chemung county, acted in concert in an effort to establish a single town court having jurisdiction in both towns; and
(ii) in undertaking this effort, the two towns inadvertently failed to comply with the necessary provisions of law - subdivision 1 of section 106-a of the uniform justice court act, as amended by chapter 205 of the laws of 2016 - setting forth the process that must be followed in order to establish a single town court serving the two towns, and section 106-b of the uniform justice court act, as added by chapter 87 of the laws of 2008 - setting forth the process that must be followed in order to provide for the election of a single town justice for the two towns.
(b) Notwithstanding any law to the contrary, such steps as the towns of Erin and Chemung have heretofore taken to establish a single town court having jurisdiction in both towns shall be deemed sufficient to constitute such single town court solely for the period from the effective date of this act through December 31, 2017. Each of the town justices of the towns of Erin and Chemung, in office on the effective date of this act, shall be and shall serve as a town justice of such single town court.
(c) Nothing in this act shall prevent the towns of Erin and Chemung from establishing a single town court having jurisdiction in both towns pursuant to the provisions of section 106-a of the uniform justice court
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07672-02-7
A. 3022--A 2
act, provided, however, such a court shall not be established prior to January 1, 2018.
(d) Notwithstanding that the towns of Erin and Chemung are not adjacent to each other, the two towns may provide for the election of a single town judge by complying with all other requirements of section 106-b of the uniform justice court act.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.