Relates to requirements for individuals serving as town justice in the town of Lyndon, Cattaraugus county.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Parker
TITLE OF BILL: An act to amend the town law and the public officers law, in relation to requirements for individuals serving as town justice
PURPOSE OR GENERAL IDEA OF BILL: Relates to the requirements for individuals service as town justice.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 23 of the Town Law by adding a new subdivision 26 to allow persons not electors of the Town of Lyndon to perform the functions of Town Justice.
Section 2 amends section 3 of the public officers law by adding a new subdivision 60 to allow a non-resident person to perform the functions of Town Justice in the Town of Lyndon, provided that such person resides in a Town which is in Cattaraugus County.
JUSTIFICATION: This legislation will allow the Town of Lyndon, Cattaraugus County, to select the most qualified person to be the Town Justice of the Town of Lyndon, provided that the person performing the functions is a resident of any town within Cattaraugus County.
This legislation has been requested via Resolution 1,2013 adopted by a majority vote of the Lyndon Town Board.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4579 2013-2014 Regular Sessions IN SENATE April 11, 2013 ___________Introduced by Sen. YOUNG -- 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 requirements for individuals serving as town justice 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 26 to read as follows: 26. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, IN THE TOWN OF LYNDON, IN THE COUNTY OF CATTARAUGUS, THE PERSONS PERFORMING THE FUNCTIONS OF TOWN JUSTICE NEED NOT BE ELECTORS OF SUCH TOWN. PROVIDED, HOWEVER, THE PERSONS PERFORMING THE FUNCTIONS OF TOWN JUSTICE IN ANY OTHER TOWN SHALL BE ELECTORS OF SUCH TOWN UNLESS OTHER- WISE PROVIDED BY LAW. S 2. Section 3 of the public officers law is amended by adding a new subdivision 60 to read as follows: 60. IN THE TOWN OF LYNDON, IN THE COUNTY OF CATTARAUGUS, 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 JUSTICE OF THE TOWN OF LYNDON, PROVIDED THAT SUCH PERSONS RESIDES IN A TOWN WHICH IS IN THE COUNTY OF CATTARAUGUS. PROVIDED, HOWEVER, THE PERSON PERFORMING THE FUNCTIONS OF TOWN JUSTICE IN ANY OTHER TOWN SHALL BE A RESIDENT OF SUCH TOWN, UNLESS OTHERWISE PROVIDED BY LAW. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10109-01-3