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.