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.

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S6542-2011 Actions

• Jun 13, 2012: referred to local governments
• Jun 13, 2012: DELIVERED TO ASSEMBLY
• Jun 13, 2012: PASSED SENATE
• Jun 12, 2012: ADVANCED TO THIRD READING
• Jun 11, 2012: 2ND REPORT CAL.
• Jun 6, 2012: 1ST REPORT CAL.1118
• Feb 24, 2012: REFERRED TO LOCAL GOVERNMENT

S6542-2011 Meetings

Local Government: Jun 6, 2012

S6542-2011 Calendars

Active List: Jun 13, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012

S6542-2011 Votes

S6542-2011 Memo

BILL NUMBER:S6542

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 25 and 26.
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 if
amended by adding subdivisions 59 and 60. 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 of which their official functions are required to be exercised,
provided that such persons reside in the town of which their official
functions are required to be exercised, provided that such persons
reside in the country which the town in 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 inter-
ested 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 compet-
itive, and with a wider selection from which to choose, the best person
for the job can be chosen.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6542-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6542

                              I N  SENATE

                              February 24, 2012
                                 ___________

  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 25 and 26 to read as follows:

    25. 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.
    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 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 59 and 60 to read as follows:

    59.  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14757-01-2

 S. 6542                             2

  OFFICER/BUILDING INSPECTOR IN ANY OTHER TOWN SHALL BE A RESIDENT OF SUCH
  TOWN, UNLESS OTHERWISE PROVIDED BY LAW.
    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 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.