Bill Text: NY A07038 | 2021-2022 | General Assembly | Amended

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Bill Title: Authorizes building inspectors, fire inspectors and code enforcement officers of the village of Buchanan, county of Westchester to live within Westchester county or an adjoining county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-07-16 - signed chap.252 [A07038 Detail]

Download: New_York-2021-A07038-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7038--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 21, 2021
                                       ___________

        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Local Governments -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the village law and the public officers law, in relation
          to  authorizing building inspectors, fire inspectors and code enforce-
          ment officers of the village of Buchanan to  live  within  Westchester
          County or an adjoining county

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The village of Buchanan, Westchester county,  has  employed
     2  individuals  that reside outside of the political subdivision or munici-
     3  pal corporation as building inspector, fire inspector, and code enforce-
     4  ment officer of the village in violation of  section  3  of  the  public
     5  officers  law and section 3-300 of the village law. Notwithstanding this
     6  defect, the employment of such individuals as building  inspector,  fire
     7  inspector,  and code enforcement officer is hereby validated, legalized,
     8  ratified and confirmed, notwithstanding the absence of prior legislative
     9  approval.
    10    § 2. Section 3-300 of the village law  is  amended  by  adding  a  new
    11  subdivision 31 to read as follows:
    12    31. Notwithstanding any provisions of this chapter or any other gener-
    13  al law, local law, ordinance, or special act, the village board of trus-
    14  tees  of  the incorporated village of Buchanan, Westchester county, may,
    15  by resolution, provide that  the  office  of  building  inspector,  fire
    16  inspector  and code enforcement officers of such village, may be held by
    17  a person who is not a resident  of  such  village,  provided  that  such
    18  person  resides  within Westchester county or an adjoining county within
    19  the state of New York.
    20    § 3. Section 3 of the public officers law is amended by adding  a  new
    21  subdivision 71 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10758-03-1
        A. 7038--A                          2

     1    71.  In  the  village  of  Buchanan, in the county of Westchester, the
     2  provisions of this section requiring a person to be a  resident  of  the
     3  political subdivision or municipal corporation of the state for which he
     4  or she shall be chosen or within which his or her official functions are
     5  required  to  be  exercised, shall not prevent a person from holding the
     6  office of building inspector, fire inspector and code enforcement  offi-
     7  cers of the village of Buchanan, provided that such person resides with-
     8  in  Westchester  county  or  an adjoining county within the state of New
     9  York. Provided, however that the  person  performing  the  functions  of
    10  building  inspector, fire inspector and code enforcement officers in any
    11  other village shall be a  resident  of  such  village  unless  otherwise
    12  provided by an act of the state legislature.
    13    § 4. This act shall take effect immediately.