NY State Senate Bill 2021-S4715

Senate Bill S4715

Signed By Governor

2021-2022 Legislative Session

Relates to qualifications for holding certain offices in the village of Northville in Fulton County

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 16, 2021	signed chap.292
Jul 12, 2021	delivered to governor
Jun 03, 2021	returned to senate passed assembly ordered to third reading rules cal.323 substituted for a5395a
May 24, 2021	referred to governmental operations delivered to assembly passed senate
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal. amended (t) 4715a
May 11, 2021	1st report cal.1064
Feb 09, 2021	referred to investigations and government operations

Votes

- May 24, 2021 - Floor Vote
  S4715
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 11, 2021 - Investigations And Government Operations Committee Vote
  S4715
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 11, 2021
      
      aye (7)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      O'Mara
      
      Palumbo
      
      Reichlin-Melnick
      
      Skoufis

Bill Amendments

Original

A (Active)

2021-S4715 - Details

See Assembly Version of this Bill:: A5395
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L

2021-S4715 - Summary

Relates to qualifications for holding certain offices in the village of Northville in Fulton County.

2021-S4715 - Sponsor Memo

                                
 
BILL NUMBER: S4715

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the public officers law, in relation to qualifications
for holding certain offices in the village of Northville in Fulton Coun-
ty

 
PURPOSE:

This Legislation will create additional penalties and fines for those or
killing an innocent bystander during an attack convicted of injuring on
an elected official.

 
SUMMARY OF PROVISIONS:

Section 1. Section 3 of the public officers law is amended by adding a
new subdivision 71 to read as follows:

71. In the village of Northville, in the county of Fulton, 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 treasurer, village clerk and code enforcement officer,
provided that such person resides in Fulton county, or in the town of
Edinburg in Saratoga county or the town of Benson in Hamilton county;
provided, however that any person performing such functions or holding
such office in any other village shall be a resident of such village
unless otherwise provided by law.

 
JUSTIFICATION:

The Village of Northville in Fulton County currently has flexibility
with hired positions such as Highway Superintendent. With appointed
positions however, they do not have the same flexibility. Their
appointed positions include Treasurer, Village Clerk and Code Enforce-
ment Officer. Northville is uniquely positioned on the border of both
Hamilton and Saratoga Counties.

The impetus for this legislation was the Village's high rate of turnover
at key appointed positions (five code enforcement officers within a
seven-year period). These setbacks are damaging to the stability and
infrastructure of a community.  Furthermore, a high turnover of person-
nel is extremely costly to local governments, particularly at a time
when our localities are facing fiscal challenges due to the COVID 19
pandemic.

This legislation would enable the Mayor of Northville to draw from a
larger pool for appointed positions, while staying within bordering
towns inside the Adirondack Park community.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4715 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4715
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2021
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, in relation  to  qualifications
   for  holding  certain  offices  in the village of Northville in Fulton
   County

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of the public officers law is amended by adding a
 new subdivision 71 to read as follows:
   71.  IN  THE  VILLAGE  OF  NORTHVILLE,  IN  THE  COUNTY OF FULTON, 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  TREASURER,  VILLAGE  CLERK  AND  CODE  ENFORCEMENT  OFFICER,
 PROVIDED  THAT  SUCH PERSON RESIDES IN  FULTON COUNTY, OR IN THE TOWN OF
 EDINBURG IN SARATOGA COUNTY OR THE TOWN OF BENSON  IN  HAMILTON  COUNTY;
 PROVIDED,  HOWEVER  THAT ANY PERSON PERFORMING SUCH FUNCTIONS OR HOLDING
 SUCH OFFICE IN ANY OTHER VILLAGE SHALL BE A  RESIDENT  OF  SUCH  VILLAGE
 UNLESS OTHERWISE PROVIDED BY LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09051-02-1

2021-S4715A (ACTIVE) - Details

See Assembly Version of this Bill:: A5395
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L

2021-S4715A (ACTIVE) - Summary

Relates to qualifications for holding certain offices in the village of Northville in Fulton County.

2021-S4715A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4715A

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the village law and the public officers law, in relation
to qualifications for holding certain offices in the village of North-
ville in Fulton county

 
PURPOSE:

Relates to the qualifications for holding appointed positions in the
village of Northville on Fulton County

 
SUMMARY OF PROVISIONS:

Section 1- Section 3-300 of the village law is amended by adding a new
subdivision 31 to read as follows:

31. Notwithstanding any provisions of this chapter or any other chapter,
general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Northville, Fulton county, may,
by resolution, provide that the office treasurer, village clerk, and
code enforcement officer of such village may be held by a person who is
not a resident of such village, provided that such person resides within
Fulton county or an adjoining county within the state of New York.

Section 2- Section 3 of the public officer's law is amended by adding a
new subdivision 71 to read as follows:

71. In the village of Northville, in the county of Fulton, 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 treasurer, village clerk, and code enforcement officer of the
village of Northville, provided that such person resides within Fulton
county or an adjoining county within the state of New York. Provided,
however, the person performing the functions of treasurer, village
clerk, and code enforcement officer in any other village shall be a
resident of such village unless otherwise provided by an act of the
state legislature.

Section 3- This act shall take effect immediately.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

Adds: Section 1- Section 3-300 of the village law is amended by adding a
new subdivision 31 to read as above.

Changes Section 2- Section 3 of the public officer's law is amended by
adding a new subdivision 71 to expend the area in which the a person
performing the functions of the positions in the village of Northville
stated in this section to include all of Fulton county or an adjoining
county within New York state.

 
JUSTIFICATION:


The Village of Northville in Fulton County currently has flexibility
with hired positions such as Highway Superintendent. With appointed
positions however, they do not have the same flexibility. Their
appointed positions include Treasurer, Village Clerk and Code Enforce-
ment Officer. Northville is uniquely positioned on the border of both
Hamilton and Saratoga Counties.

The impetus for this legislation was the Village's high rate of turnover
at key appointed positions (five code enforcement officers within a
seven-year period). These setbacks are damaging to the stability and
infrastructure of a community.

Furthermore, a high turnover of personnel is extremely costly to local
governments, particularly at a time when our localities are facing
fiscal challenges due to the COVID 19 pandemic.

This legislation would enable the Mayor of Northville to draw from a
larger pool for appointed positions, while staying within bordering
towns inside the Adirondack Park community.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4715A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4715--A
     Cal. No. 1064
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2021
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- reported favorably from said committee, ordered  to
   first  report, amended on first report, ordered to a second report and
   ordered reprinted, retaining its place in the order of second report
 
 AN ACT to amend the village law and the public officers law, in relation
   to qualifications for holding certain offices in the village of North-
   ville in Fulton county
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3-300 of the village law is amended by adding a new
 subdivision 31 to read as follows:
   31.  NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR ANY OTHER CHAP-
 TER, GENERAL LAW, LOCAL LAW, ORDINANCE,  OR  SPECIAL  ACT,  THE  VILLAGE
 BOARD  OF  TRUSTEES  OF  THE  INCORPORATED VILLAGE OF NORTHVILLE, FULTON
 COUNTY, MAY, BY  RESOLUTION,  PROVIDE  THAT  THE  OFFICE  OF  TREASURER,
 VILLAGE  CLERK, AND CODE ENFORCEMENT OFFICER OF SUCH VILLAGE MAY BE HELD
 BY A PERSON WHO IS NOT A RESIDENT OF SUCH VILLAGE,  PROVIDED  THAT  SUCH
 PERSON  RESIDES  WITHIN  FULTON COUNTY OR AN ADJOINING COUNTY WITHIN THE
 STATE OF NEW YORK.
   § 2. Section 3 of the public officers law is amended by adding  a  new
 subdivision 71 to read as follows:
   71.  IN  THE  VILLAGE  OF  NORTHVILLE,  IN  THE  COUNTY OF FULTON, 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 TREASURER, VILLAGE CLERK AND CODE ENFORCEMENT OFFICER  OF  THE
 VILLAGE  OF  NORTHVILLE,  PROVIDED  THAT SUCH PERSON RESIDES IN   FULTON
 COUNTY, OR IN  AN  ADJOINING  COUNTY  WITHIN  THE  STATE  OF  NEW  YORK;
 PROVIDED,  HOWEVER THAT ANY PERSON PERFORMING SUCH FUNCTIONS OF TREASUR-
 ER, VILLAGE CLERK, AND CODE ENFORCEMENT OFFICER  IN  ANY  OTHER  VILLAGE
 SHALL BE A RESIDENT OF SUCH VILLAGE 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.
                                                            LBD09051-04-1

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