Bill S268-2009

Provides that court clerk of a village of less than 10,000 or of a town of less than 20,000 need not be a resident of such village or town

Provides that the court clerk of a village with a population of less than 10,000 or of a town with a population of less than 20,000 need not be a resident of such village or town; such court clerk need only be a resident of the county in which such village or town is located or an adjoining county.

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  • Jan 6, 2010: REFERRED TO LOCAL GOVERNMENT
  • Jan 7, 2009: REFERRED TO LOCAL GOVERNMENT

Memo

 BILL NUMBER:  S268

TITLE OF BILL : An act to amend the town law, the public officers law, and the village law, in relation to the residency requirement for certain court clerks

PURPOSE : Provides that a court clerk of a village of less than 10,000 or of a town of less than 20,000 need not be a resident of such village or town.

SUMMARY OF PROVISIONS : Section 1- amends the Section 21 of the Town Law to add a subdivision giving the option to any town in the state that has a population of less than 20,000 residents to appoint a person to perform the duties of court clerk who is not an elector of such town.

Section 2- amends the Public Officers Law to add a subdivision exempting the town court clerk from the requirement that the individual reside in such town, provided that they reside within the county or an adjoining county.

Section 3- amends the Village Law to add a subdivision giving the option to any incorporated village that has a population of less than 10,000 residents, by resolution, the power to exempt the court clerk from the requirement that the individual reside in such village, provided that they reside within the county or an adjoining county.

Section 4- contains the effective date.

JUSTIFICATION : This bill will allow towns and villages greater flexibility in hiring a court clerk by providing them the opportunity to hire individuals for these positions from within a larger geographical area, so as to employ the best qualified and talented people they can to serve town residents. The Senate has passed a number of these bills in the past at the request of municipalities. This bill would allow towns and villages across the state the option of sharing their court clerk. In addition, this is a way to promote the sharing of services between municipalities.

LEGISLATIVE HISTORY : 2008: S.1133 Local Government 2007: S.1133 Passed Senate 2005-06: S.725 3rd Reading 2004: S.6032 Local Government

FISCAL IMPLICATIONS : None. However, towns and villages could benefit from the savings which result from sharing certain services.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 268 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the town law, the public officers law, and the village law, in relation to the residency requirement for certain court clerks 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 a new subdivision 23 to read as follows: 23. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS MAY, AT ITS OPTION, APPOINT A PERSON, WHO IS NOT AN ELECTOR OF SUCH TOWN, TO PERFORM THE DUTIES OF COURT CLERK; PROVIDED THAT THE PERSON PERFORMING THE FUNC- TIONS OF COURT CLERK IN ANY OTHER TOWN SHALL BE AN ELECTOR OF SUCH TOWN UNLESS OTHERWISE PROVIDED BY LAW. S 2. Section 3 of the public officers law is amended by adding a new subdivision 56 to read as follows: 56. IN ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS, OR ANY VILLAGE THAT HAS A POPULATION OF LESS THAN TEN THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS, 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 COURT CLERK IN THAT TOWN OR VILLAGE PROVIDED THAT SUCH PERSON RESIDES IN THE COUNTY IN WHICH SUCH TOWN OR VILLAGE IS LOCATED, OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. PROVIDED, FURTHER, THAT THE PERSON PERFORMING THE FUNCTIONS OF COURT CLERK IN ANY OTHER TOWN OR VILLAGE
SHALL BE A RESIDENT OF SUCH TOWN OR VILLAGE, UNLESS OTHERWISE PROVIDED BY LAW. S 3. Section 3-300 of the village law is amended by adding a new subdivision 19 to read as follows: 19. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER GENER- AL, SPECIAL, OR LOCAL LAW OR ORDINANCE, THE VILLAGE BOARD OF TRUSTEES OF ANY INCORPORATED VILLAGE THAT HAS A POPULATION OF LESS THAN TEN THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS MAY, BY RESOL- UTION, PROVIDE THAT THE OFFICE OF VILLAGE COURT CLERK OF SUCH VILLAGE MAY BE HELD BY A PERSON WHO IS NOT A RESIDENT OF SUCH VILLAGE, PROVIDED THAT SUCH PERSON RESIDES WITHIN THE COUNTY IN WHICH SUCH VILLAGE IS LOCATED OR IN AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. S 4. This act shall take effect immediately.

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