Bill S4503-2011

Relates to the residency requirement for the village clerk of the village of Aurora, Cayuga county

Relates to the residency requirement for the village clerk of the village of Aurora, Cayuga county.

Details

Actions

  • Jun 14, 2011: SUBSTITUTED BY A3672
  • Jun 14, 2011: ORDERED TO THIRD READING CAL.1231
  • Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 7, 2011: REFERRED TO LOCAL GOVERNMENT

Votes

Memo

BILL NUMBER:S4503

TITLE OF BILL: An act to amend the village law and the public officers law, in relation to the residency requirement for the village clerk of the village of Aurora, Cayuga county

PURPOSE OR GENERAL IDEA OF BILL: To enable the Village of Aurora to hire someone for the position of Aurora village Clerk who resides in Cayuga County.

SUMMARY OF SPECIFIC PROVISIONS: Amends Subdivision 14 of section 3-300 of the village law to provide that the office of clerk of the village may be held by a person who is not a resident of the village.

Section 3 establishes the effective date.

JUSTIFICATION: The previous village clerk died suddenly and unexpectedly last year. Filling in is the Secretary to the Clerk, Deanna K. Nance. Ms. Nance has performed wonderfully and the village wishes to appoint her as clerk, but she is not a resident. Ms. Nance owns property in the village, but her domicile is just outside of it, with her driveway lying within village limits.

PRIOR LEGISLATIVE HISTORY: S.8248 of 2010

FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4503 2011-2012 Regular Sessions IN SENATE April 7, 2011 ___________
Introduced by Sen. NOZZOLIO -- 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 requirement for the village clerk of the village of Aurora, Cayuga county THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 14 of section 3-300 of the village law, as added by chapter 373 of the laws of 1999, is amended to read as follows: 14. 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 Aurora, Cayuga county, may, by resolution, provide that the office of treasurer 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 AND MAY, BY RESOLUTION, PROVIDE THAT THE OFFICE OF 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. PROVIDED, HOWEVER, THE PERSON PERFORMING THE FUNCTIONS OF VILLAGE CLERK IN ANY OTHER VILLAGE SHALL BE AN ELECTOR OF SUCH VILLAGE, UNLESS OTHERWISE PROVIDED BY AN ACT OF THE STATE LEGISLATURE. S 2. Section 3 of the public officers law is amended by adding a new subdivision 58 to read as follows: 58. IN THE VILLAGE OF AURORA, IN THE COUNTY OF CAYUGA, 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 CLERK OF THE VILLAGE PROVIDED THAT SUCH PERSON RESIDES IN THE
COUNTY IN WHICH SUCH VILLAGE IS LOCATED OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. PROVIDED, HOWEVER, THE PERSON PERFORMING THE FUNCTIONS OF VILLAGE CLERK IN ANY OTHER VILLAGE SHALL BE AN ELECTOR OF SUCH VILLAGE, UNLESS OTHERWISE PROVIDED BY AN ACT OF THE STATE LEGISLA- TURE. S 3. This act shall take effect immediately.

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