Bill Text: NY S07219 | 2017-2018 | General Assembly | Amended


Bill Title: Provides that the court clerk and deputy clerk/treasurer of the village of Mount Morris, in the county of Livingston, need not be a resident of such town, so long as he or she is a resident of Livingston county or an adjoining county within the state.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-11-05 - SIGNED CHAP.338 [S07219 Detail]

Download: New_York-2017-S07219-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7219--A
            Cal. No. 285
                    IN SENATE
                                     January 4, 2018
                                       ___________
        Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
        AN ACT to amend the village law and the public officers law, in relation
          to  residency  requirements  for  the  office of court clerk or deputy
          clerk/treasurer in the village of  Mount  Morris,  in  the  county  of
          Livingston
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  The  village  of  Mount  Morris,  Livingston  County,  has
     2  employed individuals that reside outside of the political subdivision or
     3  municipal  corporation  as court clerk and deputy clerk/treasurer of the
     4  village in violation of section 3 of the public officers law and section
     5  3-300 of the village law.  Notwithstanding this defect,  the  employment
     6  of  such  individuals  as  court clerk and deputy clerk/treasurer of the
     7  village is hereby validated, legalized, ratified and confirmed, notwith-
     8  standing the absence of prior legislative approval.
     9    § 2. Section 3-300 of the village law  is  amended  by  adding  a  new
    10  subdivision 28 to read as follows:
    11    28. Notwithstanding any provisions of this chapter or any other gener-
    12  al  law, local law, ordinance or special act, the village board of trus-
    13  tees of the incorporated village of  Mount  Morris,  Livingston  county,
    14  may,  by  resolution,  provide that the office of court clerk and deputy
    15  clerk/treasurer of such village need not be a resident of such  village,
    16  provided  that  such person resides in the county of Livingston or in an
    17  adjoining county within the state of New York.
    18    § 3. Section 3 of the public officers law is amended by adding  a  new
    19  subdivision 67 to read as follows:
    20    67.  In the village of Mount Morris, Livingston county, the provisions
    21  of this section requiring a person to be a  resident  of  the  political
    22  subdivision  or  municipal  corporation of the state for which he or she
    23  shall be chosen or within  which  his  or  her  official  functions  are
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13567-09-8

        S. 7219--A                          2
     1  required  to  be  exercised, shall not prevent a person from holding the
     2  office of village court clerk or deputy clerk/treasurer of  the  village
     3  of  Mount  Morris,  provided  that  such person resides in the county in
     4  which such village is located or an adjoining county within the state of
     5  New  York.    Provided,  however, the person performing the functions of
     6  village court clerk or deputy clerk/treasurer in any other village shall
     7  be a resident of such village, unless otherwise provided by  an  act  of
     8  the state legislature.
     9    § 4. This act shall take effect immediately.
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