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

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Archive: Last Bill Status - In Committee


  • 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
Jan 06, 2010 referred to local government
Jan 07, 2009 referred to local government

S268 - Bill Details

Current Committee:
Law Section:
Town Law

S268 - Bill Texts

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BILL NUMBER: S268

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 court clerks


PURPOSE :
Provides that a 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.

SUMMARY OF PROVISIONS :
Section 1- amends the Section 21 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 court clerk who is not an elector of such town.

Section 2- amends the Public Officers Law to add a subdivision
exempting the town court clerk from the requirement that the
individual reside in such town, provided that they reside within the
county or an adjoining county.

Section 3- 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 the court clerk
from the requirement that the individual reside in such village,
provided that they reside within the county or an adjoining county.

Section 4- contains the effective date.

JUSTIFICATION :
This bill will allow towns and villages greater flexibility in hiring
a court clerk by providing them the opportunity to hire individuals
for these positions from within a larger geographical area, so as to
employ the best qualified and talented people they can to serve town
residents. The Senate has passed a number of these bills in the past
at the request of municipalities. This bill would allow towns and
villages across the state the option of sharing their court clerk. In
addition, this is a way to promote the sharing of services between
municipalities.

LEGISLATIVE HISTORY :
2008: S.1133 Local Government
2007: S.1133 Passed Senate
2005-06: S.725 3rd Reading
2004: S.6032 Local Government

FISCAL IMPLICATIONS :
None. However, towns and villages could benefit from the savings which
result from sharing certain services.

EFFECTIVE DATE :
This act shall take effect immediately.
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