senate Bill S267A

2009-2010 Legislative Session

Provides that certain part-time village and town employees need not be a resident of such village or town

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2010 advanced to third reading
Jun 07, 2010 2nd report cal.
Jun 03, 2010 1st report cal.731
May 27, 2010 print number 267a
amend and recommit to local government
Jan 06, 2010 referred to local government
Jan 07, 2009 referred to local government

Votes

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Jun 3, 2010 - Local Government committee Vote

S267A
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: Jun 3, 2010

excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S267 - Bill Details

Law Section:
Town Law
Laws Affected:
Amd §23, Town L; amd §3, Pub Off L; amd §3-300, Vil L

S267 - Bill Texts

view summary

Provides that a part-time employee of a village with a population of less than 10,000 or of a town with a population of less than 20,000 need not be a resident of such village or town, at the option of such town or village; provides that such part-time employee need only be a resident of the county in which such village or town is located or an adjoining county.

view sponsor memo
BILL NUMBER: S267

TITLE OF BILL :
An act to amend the town law, the public officers law and the village
law, in relation to the residency requirement for certain part-time
employees


PURPOSE :
Provides that certain part-time village and town employees need not be
a resident of such village or town.

SUMMARY OF PROVISIONS :
Section one amends Section 23 of the Town Law to add a subdivision
giving the option to any town in the state that has a population of
less than 20,000 residents to appoint a person to perform the duties
of a part-time employee who is not an elector of such town.

Section two amends the Public Officers Law to add a subdivision
exempting any part-time employee from the requirement that the
individual reside in such town that has a population of less than
20,000 residents or any village that has a population of less than
10,000 provided that they reside within the county or an adjoining
county.

Section three amends the Village Law to add a subdivision giving the
option to any incorporated village that has a population of less than
10,000 residents, by resolution, the power to exempt any part-time
employee from the requirement that the individual reside in such
village, provided that they reside within the county or an adjoining
county.

Section four contains the effective date.

JUSTIFICATION :
This bill will allow towns and villages greater flexibility in hiring
part-time employees. This bill would permit towns and villages to hire
these positions from within a larger geographical area, so as to
employ the best qualified and talented people they can to serve town
residents. In addition, this is a way to promote the sharing of
services between municipalities.

LEGISLATIVE HISTORY :
2008: S.1134 Local Government
2007: S.1134 Passed Senate
2005-06: S.733 3rd Reading
2004: S.6031 Local Government

FISCAL IMPLICATIONS :
None. However, towns and villages could benefit from the savings which
result from sharing certain part-time employees.

EFFECTIVE DATE :
This act shall take effect immediately.
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The Bill text is not available.

S267A (ACTIVE) - Bill Details

Law Section:
Town Law
Laws Affected:
Amd §23, Town L; amd §3, Pub Off L; amd §3-300, Vil L

S267A (ACTIVE) - Bill Texts

view summary

Provides that a part-time employee of a village with a population of less than 10,000 or of a town with a population of less than 20,000 need not be a resident of such village or town, at the option of such town or village; provides that such part-time employee need only be a resident of the county in which such village or town is located or an adjoining county.

view sponsor memo
BILL NUMBER:S267A

TITLE OF BILL:
An act
to amend the town law, the public officers law and the village law, in
relation to the residency requirement for certain part-time employees

PURPOSE:
Provides that certain part-time village and town employees need not be
a resident of such village or town.

SUMMARY OF PROVISIONS:
Section one amends Section 23 of the Town Law to add a subdivision
giving the option to any town in the state that has a population of
less than 20,000 residents to appoint a person to perform the duties
of a part-time employee who is not an elector of such town.

Section two amends the Public Officers Law to add a subdivision
exempting any part-time employee from the requirement that the
individual reside in such town that has a population of less than
20,000 residents or any village that has a population of less than
10,000 provided that they reside within the county or an adjoining
county.

Section three amends the Village Law to add a subdivision giving the
option to any incorporated village that has a population of less than
10,000 residents, by resolution, the power to exempt any part-time
employee from the requirement that the individual reside in such
village, provided that they reside within the county or an adjoining
county.

Section four contains the effective date.

JUSTIFICATION:
This bill will allow towns and villages greater flexibility in hiring
part-time employees. This bill would permit towns and villages to hire
these positions from within a larger geographical area, so as to
employ the best qualified and talented people they can to serve town
residents. In addition, this is a way to promote the sharing of
services between municipalities.

LEGISLATIVE HISTORY:
2008: S.1134 Local Government
2007: S.1134 Passed Senate
2005-06: S.733 3rd Reading
2004: S.6031 Local Government

FISCAL IMPLICATIONS:
None. However, towns and villages could benefit from the savings which
result from sharing certain part-time employees.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                 267--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the town law, the public officers law  and  the  village
  law,  in  relation  to the residency requirement for certain part-time
  employees

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

  Section  1.  Section  23  of  the  town law is amended by adding a new
subdivision 24 to read as follows:
  24. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY THOUSAND
RESIDENTS ACCORDING TO THE TWO  THOUSAND  FEDERAL  CENSUS  MAY,  AT  ITS
OPTION, APPOINT A PERSON, WHO IS NOT AN ELECTOR OF SUCH TOWN, TO PERFORM
THE  DUTIES  OF  ANY  PART-TIME  EMPLOYMENT  POSITION; PROVIDED THAT THE
PERSON PERFORMING THE FUNCTIONS OF A PART-TIME  EMPLOYEE  IN  ANY  OTHER
TOWN SHALL BE AN ELECTOR OF SUCH TOWN UNLESS OTHERWISE PROVIDED BY LAW.
  S  2.  Section 3 of the public officers law is amended by adding a new
subdivision 57 to read as follows:
  57. IN ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY
THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS  OR  ANY
VILLAGE  THAT  HAS  A  POPULATION  OF  LESS  THAN TEN THOUSAND RESIDENTS
ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS, WHICH ELECTS TO BE SUBJECT
TO THE PROVISIONS OF THIS SUBDIVISION, 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 EXER-
CISED, SHALL NOT PREVENT A PERSON FROM HOLDING ANY PART-TIME  EMPLOYMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00258-02-0

S. 267--A                           2

POSITION  IN  THAT  TOWN OR VILLAGE PROVIDED THAT SUCH PERSON RESIDES IN
THE COUNTY IN WHICH SUCH TOWN OR VILLAGE IS  LOCATED,  OR  AN  ADJOINING
COUNTY WITHIN THE STATE OF NEW YORK.  PROVIDED, FURTHER, THAT THE PERSON
PERFORMING  THE  FUNCTIONS  OF A PART-TIME EMPLOYEE IN ANY OTHER TOWN OR
VILLAGE SHALL BE A RESIDENT OF SUCH TOWN OR  VILLAGE,  UNLESS  OTHERWISE
PROVIDED BY LAW.
  S  3.  Section  3-300  of  the  village law is amended by adding a new
subdivision 19 to read as follows:
  19. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER  GENER-
AL, SPECIAL, OR LOCAL LAW OR ORDINANCE, THE VILLAGE BOARD OF TRUSTEES OF
ANY INCORPORATED VILLAGE THAT HAS A POPULATION OF LESS THAN TEN THOUSAND
RESIDENTS  ACCORDING  TO  THE TWO THOUSAND FEDERAL CENSUS MAY, BY RESOL-
UTION, PROVIDE THAT ANY PART-TIME EMPLOYMENT POSITION  IN  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.
  S 4. This act shall take effect immediately.

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