senate Bill S6542

2011-2012 Legislative Session

Authorizes building inspectors and code officers in the town of Kirkwood, in the county of Broome, to reside outside of such town

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Archive: Last Bill Status - Passed Senate


  • 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 13, 2012 referred to local governments
delivered to assembly
passed senate
Jun 12, 2012 advanced to third reading
Jun 11, 2012 2nd report cal.
Jun 06, 2012 1st report cal.1118
Feb 24, 2012 referred to local government

Votes

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S6542 - Bill Details

Current Committee:
Law Section:
Town Law
Laws Affected:
Amd §23, Town L; amd §3, Pub Off L

S6542 - Bill Texts

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Authorizes the town code enforcement officer/building inspector and the code officer in the town of Kirkwood, in the county of Broome, to reside outside of such town, so long as such person resides in the county of Broome or an adjoining county.

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BILL NUMBER:S6542

TITLE OF BILL:
An act to amend the town law and the public officers law, in relation to
authorizing the town code enforcement officer/building inspector and the
code officer in the town of Kirkwood, in the county of Broome, to reside
outside of such town

SUMMARY OF SPECIFIC PROVISIONS:
Section 23 of town law is amended by adding new subdivisions 25 and 26.
These subdivisions waive the requirements of Town Code Officer/Building
Inspector to be electors of the town for which their official functions
are required to be exercised. Section 3 of the public officers law if
amended by adding subdivisions 59 and 60. These subdivisions deal with
residency qualifications for town officials. Under these new provisions,
the Town Code Officer/Building Inspector is not required to reside in
the town of which their official functions are required to be exercised,
provided that such persons reside in the town of which their official
functions are required to be exercised, provided that such persons
reside in the country which the town in located, or an adjacent county,
within the state of New York.

JUSTIFICATION:
The benefits of this provision are two-fold. By extending the realm from
which interested persons can apply, the qualified candidate pool
expands. Although someone from an adjacent town or county may be inter-
ested and best-qualified, without this additional section, this person
would be unable to apply. Allowing the Town Code Officer/Building
Inspector to reside out-of-town expands the possibilities for qualified
persons to accept the job without having to relocate, they may be more
likely to apply. In this way the candidate pool becomes more compet-
itive, and with a wider selection from which to choose, the best person
for the job can be chosen.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

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
________________________________________________________________________

                                  6542

                            I N  S E N A T E

                            February 24, 2012
                               ___________

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

AN ACT to amend the town law and the public officers law, in relation to
  authorizing the town code enforcement officer/building  inspector  and
  the  code officer in the town of Kirkwood, in the county of Broome, to
  reside outside of such town

  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 two new
subdivisions 25 and 26 to read as follows:
  25. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, THE PERSON PERFORMING THE
FUNCTIONS OF TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR  NEED  NOT
BE  AN  ELECTOR  OF SUCH TOWN. PROVIDED, HOWEVER, THE PERSONS PERFORMING
THE FUNCTIONS OF TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR IN ANY
OTHER TOWN SHALL BE ELECTORS OF SUCH TOWN UNLESS OTHERWISE  PROVIDED  BY
LAW.
  26. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, THE PERSON PERFORMING THE
FUNCTIONS OF CODE OFFICER NEED NOT BE AN ELECTOR OF SUCH TOWN. PROVIDED,
HOWEVER,  THE  PERSONS  PERFORMING  THE FUNCTIONS OF CODE OFFICER IN ANY
OTHER TOWN SHALL BE ELECTORS OF SUCH TOWN UNLESS OTHERWISE  PROVIDED  BY
LAW.
  S 2. Section 3 of the public officers law is amended by adding two new
subdivisions 59 and 60 to read as follows:
  59.  IN  THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, 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 TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR OF  THE  TOWN
OF  KIRKWOOD,  PROVIDED THAT SUCH PERSON RESIDES IN THE COUNTY OF BROOME
OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. PROVIDED,  HOWEVER,
THE   PERSONS   PERFORMING   THE  FUNCTIONS  OF  TOWN  CODE  ENFORCEMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14757-01-2

S. 6542                             2

OFFICER/BUILDING INSPECTOR IN ANY OTHER TOWN SHALL BE A RESIDENT OF SUCH
TOWN, UNLESS OTHERWISE PROVIDED BY LAW.
  60.  IN  THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, 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 CODE OFFICER OF THE  TOWN  OF  KIRKWOOD,  PROVIDED  THAT  SUCH
PERSON RESIDES IN THE COUNTY OF BROOME OR AN ADJOINING COUNTY WITHIN THE
STATE  OF  NEW YORK. PROVIDED, HOWEVER, THE PERSONS PREFORMING THE FUNC-
TIONS OF CODE OFFICER IN ANY OTHER TOWN SHALL  BE  A  RESIDENT  OF  SUCH
TOWN, UNLESS OTHERWISE PROVIDED BY LAW.
  S 3. This act shall take effect immediately.

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