Bill Text: NY A10044 | 2017-2018 | General Assembly | Amended

New York Assembly Bill 10044 (Prior Session Legislation)

Bill Title: Relates to the residency requirement for the court clerk for the town of Sodus in the county of Wayne; permits such court clerk to not be an elector of such town.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-07-31 - signed chap.149 [A10044 Detail]

Download: New_York-2017-A10044-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                        10044--A
                   IN ASSEMBLY
                                      March 8, 2018
                                       ___________
        Introduced  by  M. of A. OAKS -- 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 town law and the public officers law, in relation to
          the  residency  requirement for the court clerk for the town of Sodus,
          in the county of Wayne
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The town of Sodus, in the county of Wayne, has employed an
     2  individual residing  outside  the  political  subdivision  or  municipal
     3  corporation  as  a  court  clerk in violation of section 3 of the public
     4  officers law and section  23  of  the  town  law.  Notwithstanding  this
     5  defect,  the  employment  of such an individual as a town of Sodus court
     6  clerk is hereby validated, legalized, ratified and  confirmed,  notwith-
     7  standing the absence of prior legislative approval.
     8    § 2. Section 23 of the town law is amended by adding a new subdivision
     9  32 to read as follows:
    10    32.  Notwithstanding  subdivision  one of this section, in the town of
    11  Sodus, Wayne County, the person performing the functions of court  clerk
    12  need  not  be  an  elector  of  such town. Provided, however, the person
    13  performing the functions of court clerk in any other town  shall  be  an
    14  elector  of  such town, unless otherwise provided by an act of the state
    15  legislature.
    16    § 3. Section 3 of the public officers law is amended by adding  a  new
    17  subdivision 67 to read as follows:
    18    67. In the town of Sodus, Wayne County, the provisions of this section
    19  requiring  a  person  to  be  a resident of the political subdivision or
    20  municipal corporation of the state for which he or she shall be  chosen,
    21  or  within  which  his  or her official function is required to be exer-
    22  cised, shall not prevent a person from holding the office of court clerk
    23  of the town of Sodus; provided that said person resides in the county in
    24  which such town is located.   Provided, however, the  person  performing
    25  the  functions  of  court clerk in any other town shall be a resident of
    26  such town, unless otherwise provided by law.
    27    § 4. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14965-02-8