S1910-2013 Actions

• Mar 12, 2013: referred to local governments
• Mar 12, 2013: DELIVERED TO ASSEMBLY
• Mar 12, 2013: PASSED SENATE
• Feb 28, 2013: ADVANCED TO THIRD READING
• Feb 27, 2013: 2ND REPORT CAL.
• Feb 12, 2013: 1ST REPORT CAL.71
• Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

S1910-2013 Meetings

S1910-2013 Calendars

S1910-2013 Votes

S1910-2013 Memo

BILL NUMBER:S1910

TITLE OF BILL:
An act
to amend the town law and the public officers law, in relation to
authorizing the town code enforcement officer/building inspector and the
code officer in the town of Kirkwood, in the county of Broome, to reside
outside of such town

SUMMARY OF SPECIFIC PROVISIONS:

Section 23 of town law is amended by adding new subdivisions 26 and
27. These subdivisions waive the requirements of Town Code
Officer/Building Inspector to be electors of the town for which their
official functions are required to be exercised. Section 3 of the
public officers law if
amended by adding subdivisions 60 and 61. These subdivisions deal with
residency qualifications for town officials. Under these new
provisions, the Town Code Officer/Building Inspector is not required
to reside in the town of which their official functions are required
to be exercised, provided that such persons reside in the town of
which their official functions are required to be exercised, provided
that such persons reside in the country which the town in located, or
an adjacent county, within the state of New York.

JUSTIFICATION:
The benefits of this provision are two-fold. By extending the realm
from which interested persons can apply, the qualified candidate pool
expands. Although someone from an adjacent town or county may be
interested and best-qualified, without this additional section, this
person would be unable to apply. Allowing the Town Code
Officer/Building Inspector to reside out-of-town expands the
possibilities for qualified persons to accept the job without having
to relocate, they may be more likely to apply. In this way the
candidate pool becomes more competitive, and with a wider selection
from which to choose, the best person for the job can be chosen.

PRIOR LEGISLATIVE HISTORY: 2012 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1910-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1910
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government
 

AN ACT to amend the town law and the public officers law, in relation to
 authorizing the town code enforcement officer/building  inspector  and
 the  code officer in the town of Kirkwood, in the county of Broome, to
 reside outside of such town
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  23  of the town law is amended by adding two new
 subdivisions 26 and 27 to read as follows:

 26. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, THE PERSON PERFORMING THE
 FUNCTIONS OF TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR  NEED  NOT
 BE  AN  ELECTOR  OF SUCH TOWN. PROVIDED, HOWEVER, THE PERSONS PERFORMING
 THE FUNCTIONS OF TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR IN ANY
 OTHER TOWN SHALL BE ELECTORS OF SUCH TOWN UNLESS OTHERWISE  PROVIDED  BY
 LAW.
 27. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, THE PERSON PERFORMING THE
 FUNCTIONS OF CODE OFFICER NEED NOT BE AN ELECTOR OF SUCH TOWN. PROVIDED,
 HOWEVER,  THE  PERSONS  PERFORMING  THE FUNCTIONS OF CODE OFFICER IN ANY
 OTHER TOWN SHALL BE ELECTORS OF SUCH TOWN UNLESS OTHERWISE  PROVIDED  BY
 LAW.
 

S 2.

Section 3 of the public officers law is amended by adding two new
 subdivisions 60 and 61 to read as follows:

 60.  IN  THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, THE PROVISIONS
 OF THIS SECTION REQUIRING A PERSON TO BE A  RESIDENT  OF  THE  POLITICAL
 SUBDIVISION  OR  MUNICIPAL  CORPORATION OF THE STATE FOR WHICH HE OR SHE
 SHALL BE CHOSEN OR WITHIN  WHICH  HIS  OR  HER  OFFICIAL  FUNCTIONS  ARE
 REQUIRED  TO  BE  EXERCISED, SHALL NOT PREVENT A PERSON FROM HOLDING THE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05264-01-3
 
       S. 1910                             2
 OFFICE OF TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR OF  THE  TOWN
 OF  KIRKWOOD,  PROVIDED THAT SUCH PERSON RESIDES IN THE COUNTY OF BROOME
 OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. PROVIDED,  HOWEVER,
 THE   PERSONS   PERFORMING   THE  FUNCTIONS  OF  TOWN  CODE  ENFORCEMENT
 OFFICER/BUILDING INSPECTOR IN ANY OTHER TOWN SHALL BE A RESIDENT OF SUCH
 TOWN, UNLESS OTHERWISE PROVIDED BY LAW.
 61. IN THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME,  THE  PROVISIONS
 OF  THIS  SECTION  REQUIRING  A PERSON TO BE A RESIDENT OF THE POLITICAL
 SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE FOR WHICH  HE  OR  SHE
 SHALL  BE  CHOSEN  OR  WITHIN  WHICH  HIS  OR HER OFFICIAL FUNCTIONS ARE
 REQUIRED TO BE EXERCISED, SHALL NOT PREVENT A PERSON  FROM  HOLDING  THE
 OFFICE  OF  CODE  OFFICER  OF  THE  TOWN OF KIRKWOOD, PROVIDED THAT SUCH
 PERSON RESIDES IN THE COUNTY OF BROOME OR AN ADJOINING COUNTY WITHIN THE
 STATE OF NEW YORK. PROVIDED, HOWEVER, THE PERSONS PREFORMING  THE  FUNC
 TIONS  OF  CODE  OFFICER  IN  ANY OTHER TOWN SHALL BE A RESIDENT OF SUCH
 TOWN, UNLESS OTHERWISE PROVIDED BY LAW.
 

S 3. This act shall take effect immediately.

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