Bill S1910-2013

Authorizes building inspectors and code officers in the town of Kirkwood, in the county of Broome, to reside outside of such town

Authorizes 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, so long as such person resides in the county of Broome or an adjoining county.

Details

Actions

  • Jul 12, 2013: SIGNED CHAP.139
  • Jul 2, 2013: DELIVERED TO GOVERNOR
  • May 30, 2013: returned to senate
  • May 30, 2013: passed assembly
  • May 30, 2013: ordered to third reading cal.409
  • May 30, 2013: substituted for a5474
  • 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

Votes

VOTE: COMMITTEE VOTE: - Local Government - Feb 12, 2013
Ayes (8): Martins, Ball, Boyle, Marchione, Ritchie, Gipson, Latimer, O'Brien

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 is 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 for which their official functions are required to be exercised, provided that such persons reside in the county in which the town is 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1910 2013-2014 Regular Sessions IN 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
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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