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Senate Bill S8434

2023-2024 Legislative Session

Relates to the residency requirement for public office in counties in the state

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2023-S8434 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §3, rpld §3 various subs, Pub Off L
Versions Introduced in 2025-2026 Legislative Session:
S3587

2023-S8434 (ACTIVE) - Summary

Removes the residency requirement for all public office positions employed by a county; provides that counties shall have the authority to determine residency requirements for each county job on a county by county basis.

2023-S8434 (ACTIVE) - Sponsor Memo

2023-S8434 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8434
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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  the  residency
   requirement  for public office in counties in the state; and providing
   for the repeal of certain provisions of the public officers law relat-
   ing thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1 and 2 of section 3 of the public officers
 law, subdivision 1 as amended by chapter 251 of the  laws  of  2014  and
 subdivision  2  as  amended  by  chapter  1004  of the laws of 1966, are
 amended and a new subdivision 1-b is added to read as follows:
   1. No person shall be capable of holding a civil office who shall not,
 at the time he or she shall be chosen thereto, have attained the age  of
 eighteen  years,  except that in the case of youth boards, youth commis-
 sions, recreation commissions, or community boards in the  city  of  New
 York only, members of such boards or commissions may be under the age of
 eighteen  years,  but  must have attained the age of sixteen years on or
 before appointment to such youth  board,  youth  commission,  recreation
 commission,  or community board in the city of New York, be a citizen of
 the United States, a resident of the state, and if it be a local  office
 OTHER  THAN A PUBLIC OFFICE POSITION EMPLOYED BY A COUNTY, a resident of
 the political subdivision or municipal  corporation  of  the  state  for
 which  he  or she shall be chosen, or within which the electors electing
 him or her reside, or within which his or  her  official  functions  are
 required  to  be exercised, or who shall have been or shall be convicted
 of a violation of the selective draft act of the United States,  enacted
 May  eighteenth,  nineteen  hundred seventeen, or the acts amendatory or
 supplemental thereto, or of the federal selective training  and  service
 act  of nineteen hundred forty or the acts amendatory thereof or supple-
 mental thereto.
   1-B. NEITHER THE PROVISIONS OF THIS SECTION OR OF ANY GENERAL, SPECIAL
 OR LOCAL LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR  REGULATION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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