S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9046
 
                             I N  S E N A T E
 
                                May 5, 2022
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 justice of the town of Rushford, county of  Alle-
   gany, to be a nonresident 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  a  new
 subdivision 35 to read as follows:
   35. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 IN  THE TOWN OF RUSHFORD, IN THE COUNTY OF ALLEGANY, THE PERSON PERFORM-
 ING THE FUNCTION OF TOWN JUSTICE, NEED NOT BE AN ELECTOR OF  SUCH  TOWN.
 PROVIDED, HOWEVER, THE PERSON PERFORMING THE FUNCTION OF TOWN JUSTICE IN
 ANY  OTHER  TOWN  SHALL  BE  AN  ELECTOR  OF SUCH TOWN, UNLESS OTHERWISE
 PROVIDED BY AN ACT OF THE STATE LEGISLATURE.
   § 2. Section 3 of the public officers law is amended by adding  a  new
 subdivision 72 to read as follows:
   72. IN THE TOWN OF RUSHFORD, IN THE COUNTY OF ALLEGANY, 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  JUSTICE  OF  THE  TOWN OF RUSHFORD; PROVIDED THAT SUCH
 PERSON RESIDES IN A TOWN WHICH IS IN THE COUNTY OF  ALLEGANY.  PROVIDED,
 HOWEVER, THE PERSON PERFORMING THE FUNCTION OF TOWN JUSTICE IN ANY OTHER
 TOWN SHALL BE A RESIDENT OF SUCH TOWN, UNLESS OTHERWISE PROVIDED BY LAW.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15643-01-2