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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10044
                   IN ASSEMBLY
                                      March 8, 2018
                                       ___________
        Introduced  by  M. of A. OAKS -- read once and referred to the Committee
          on Local Governments
        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.
    25    § 4. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14965-01-8