S T A T E O F N E W Y O R K
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10726
I N S E N A T E
October 26, 2026
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Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the village law and the public officers law, in relation
to residency requirements for clerk in the village of Alden, county of
Erie
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 38 to read as follows:
38. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR ANY OTHER GENER-
AL LAW, LOCAL LAW, ORDINANCE OR SPECIAL ACT, THE VILLAGE BOARD OF TRUS-
TEES OF THE INCORPORATED VILLAGE OF ALDEN, ERIE COUNTY, MAY, BY RESOL-
UTION, PROVIDE THAT THE OFFICE OF VILLAGE CLERK OF SUCH VILLAGE MAY BE
HELD BY A PERSON WHO IS NOT A RESIDENT OF SUCH VILLAGE, PROVIDED THAT
SUCH PERSON RESIDES IN THE COUNTY OF ERIE OR IN AN ADJOINING COUNTY
WITHIN THE STATE OF NEW YORK.
§ 2. Section 3 of the public officers law is amended by adding a new
subdivision 78 to read as follows:
78. IN THE VILLAGE OF ALDEN, IN THE COUNTY OF ERIE, THE PROVISIONS OF
THIS SECTION REQUIRING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDI-
VISION OR MUNICIPAL CORPORATION OF THE STATE FOR WHICH SUCH PERSON SHALL
BE CHOSEN OR WITHIN WHICH SUCH PERSON'S OFFICIAL FUNCTIONS ARE REQUIRED
TO BE EXERCISED, SHALL NOT PREVENT SUCH PERSON FROM HOLDING THE OFFICE
OF VILLAGE CLERK OF THE VILLAGE OF ALDEN, PROVIDED THAT SUCH PERSON
RESIDES IN ERIE COUNTY OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW
YORK; PROVIDED, HOWEVER, ANY PERSON PERFORMING SUCH FUNCTIONS OF VILLAGE
CLERK 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.
LBD16423-02-6