Senate Bill S268

2009-2010 Legislative Session

Provides that court clerk of a village of less than 10,000 or of a town of less than 20,000 need not be a resident of such village or town

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S268 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Amd §23, Town L; amd §3, Pub Off L; amd §3-300, Vil L

2009-S268 (ACTIVE) - Summary

Provides that the court clerk 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; such court clerk need only be a resident of the county in which such village or town is located or an adjoining county.

2009-S268 (ACTIVE) - Sponsor Memo

2009-S268 (ACTIVE) - Bill Text download pdf

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

                                   268

                       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

AN ACT to amend the town law, the public officers law, and  the  village
  law, in relation to the residency requirement for certain court clerks

  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 23 to read as follows:
  23. 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 COURT CLERK; PROVIDED THAT THE PERSON PERFORMING THE FUNC-
TIONS OF COURT CLERK 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 56 to read as follows:
  56. 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,  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 COURT
CLERK 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  COURT CLERK IN ANY OTHER TOWN OR VILLAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00260-01-9
              

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