Provides that the village clerk-treasurer of the village of Penn Yan, county of Yates, may live outside of such village, but must live within such county or adjacent county.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Griffo, Peralta
TITLE OF BILL: An act to amend the village law and the public officers law, in relation to the residency of certain officers of the village of Penn Yan, county of Yates
PURPOSE OR GENERAL IDEA OF BILL: To allow the village clerk treasurer of the village of Penn Yan, county of Yates, to live outside of the village, but must live within the county or the adjacent county.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 3-300 of the village law by adding a new subdivision 22 to allow the board of trustees of the village of Penn Yan, county of Yates, by resolution, to allow the office of village clerk-treasurer of the village to be a non-resident of the village as long as they reside in the County of Yates or in an adjoining county within the state of New York.
Section 2 of the bill amends section 3 of the public officers law by adding a new subdivision 60 which will not prevent a person from holding the office of village clerk-treasurer of the village of Penn Yan even though they are not a resident in the village, but does require that person to reside in the county in which the village is located or an adjoining county within NY State. The person performing the function of village clerk - treasurer in any other village must be a resident of that village, unless otherwise provided by an act of the state legislature.
Section 3: effective date.
JUSTIFICATION: In order to improve hiring, and allow for greater residency location, the legislation would allow for the village clerk - treasurer of the village of Penn Yan, to reside outside of the village, and still perform their official functions.
PRIOR LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3911 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the village law and the public officers law, in relation to the residency of certain officers of the village of Penn Yan, coun- ty of Yates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3-300 of the village law is amended by adding a new subdivision 22 to read as follows: 22. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR ANY OTHER GENER- AL LAW, LOCAL LAW, ORDINANCE OR SPECIAL ACT, THE VILLAGE BOARD OF TRUS- TEES OF THE INCORPORATED VILLAGE OF PENN YAN, COUNTY OF YATES, MAY, BY RESOLUTION, PROVIDE THAT THE OFFICE OF VILLAGE CLERK-TREASURER OF SUCH VILLAGE MAY BE HELD BY A PERSON WHO IS NOT A RESIDENT OF SUCH VILLAGE, PROVIDED THAT SUCH PERSON RESIDES IN THE COUNTY OF YATES OR IN AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. S 2. Section 3 of the public officers law is amended by adding a new subdivision 60 to read as follows: 60. IN THE VILLAGE OF PENN YAN, COUNTY OF YATES, THE PROVISIONS OF THIS SECTION REQUIRING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDI- VISION 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 VILLAGE CLERK-TREASURER OF THE VILLAGE OF PENN YAN, PROVIDED THAT SUCH PERSON RESIDES IN THE COUNTY IN WHICH SUCH VILLAGE IS LOCATED OR IN AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. PROVIDED, HOWEVER, THE PERSON PERFORMING THE FUNCTIONS OF VILLAGE CLERK-TREASURER IN ANY OTHER VILLAGE SHALL BE A RESIDENT OF SUCH VILLAGE, UNLESS OTHERWISE PROVIDED BY AN ACT OF THE STATE LEGISLATURE. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08884-01-3