senate Bill S4503

Relates to the residency requirement for the village clerk of the village of Aurora, Cayuga county

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Apr / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1231
  • 14 / Jun / 2011
    • SUBSTITUTED BY A3672

Summary

Relates to the residency requirement for the village clerk of the village of Aurora, Cayuga county.

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Bill Details

See Assembly Version of this Bill:
A3672
Versions:
S4503
Legislative Cycle:
2011-2012
Law Section:
Village Law
Laws Affected:
Amd §3-300, Vil L; amd §3, Pub Off L
Versions Introduced in 2009-2010 Legislative Cycle:
S8248, A10991A

Sponsor Memo

BILL NUMBER:S4503

TITLE OF BILL:
An act
to amend the village law and the public officers law,
in relation to the residency requirement for
the village clerk of the village of Aurora, Cayuga county

PURPOSE OR GENERAL IDEA OF BILL:
To enable the Village of Aurora to hire someone for the position of
Aurora village Clerk who resides in Cayuga County.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Subdivision 14 of section 3-300 of the village law to provide
that the office of clerk of the village may be held by a person who
is not a resident of the village.

Section 3 establishes the effective date.

JUSTIFICATION:
The previous village clerk died suddenly and unexpectedly last year.
Filling in is the Secretary to the Clerk, Deanna K. Nance. Ms. Nance
has performed wonderfully and the village wishes to appoint her as
clerk, but she is not a resident. Ms. Nance owns property in the
village, but her domicile is just outside of it, with her driveway
lying within village limits.

PRIOR LEGISLATIVE HISTORY:
S.8248 of 2010

FISCAL IMPLICATIONS:

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4503

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 7, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the village law and the public officers law, in relation
  to the residency requirement for the village clerk of the  village  of
  Aurora, Cayuga county

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 14 of section 3-300  of  the  village  law,  as
added by chapter 373 of the laws of 1999, is amended to read as follows:
  14. Notwithstanding any provisions of this chapter or any other gener-
al  law, local law, ordinance or special act, the village board of trus-
tees of the incorporated village  of  Aurora,  Cayuga  county,  may,  by
resolution,  provide that the office of treasurer of such village may be
held by a person who is not a resident of such  village,  provided  that
such  person  resides within the county in which such village is located
or in an adjoining county within the state  of  New  York  AND  MAY,  BY
RESOLUTION, PROVIDE THAT THE OFFICE OF CLERK OF SUCH VILLAGE MAY BE HELD
BY  A  PERSON  WHO IS NOT A RESIDENT OF SUCH VILLAGE, PROVIDED THAT SUCH
PERSON RESIDES WITHIN THE COUNTY IN WHICH SUCH VILLAGE IS LOCATED OR  IN
AN  ADJOINING  COUNTY  WITHIN THE STATE OF NEW YORK.  PROVIDED, HOWEVER,
THE PERSON PERFORMING THE  FUNCTIONS  OF  VILLAGE  CLERK  IN  ANY  OTHER
VILLAGE  SHALL  BE AN ELECTOR OF SUCH VILLAGE, UNLESS OTHERWISE PROVIDED
BY AN ACT OF THE STATE LEGISLATURE.
  S 2. Section 3 of the public officers law is amended by adding  a  new
subdivision 58 to read as follows:
  58.  IN THE VILLAGE OF AURORA, IN THE COUNTY OF CAYUGA, 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 CLERK OF THE VILLAGE PROVIDED THAT SUCH PERSON RESIDES IN  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01259-01-1

S. 4503                             2

COUNTY  IN  WHICH  SUCH VILLAGE IS LOCATED OR AN ADJOINING COUNTY WITHIN
THE STATE OF NEW YORK. PROVIDED,  HOWEVER,  THE  PERSON  PERFORMING  THE
FUNCTIONS  OF  VILLAGE CLERK IN ANY OTHER VILLAGE SHALL BE AN ELECTOR OF
SUCH  VILLAGE, UNLESS OTHERWISE PROVIDED BY AN ACT OF THE STATE LEGISLA-
TURE.
  S 3. This act shall take effect immediately.

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