Bill Text: NY A09062 | 2017-2018 | General Assembly | Amended

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Bill Title: Provides that the court clerk and deputy clerk/treasurer of the village of Mount Morris, in the county of Livingston, need not be a resident of such town, so long as he or she is a resident of Livingston county or an adjoining county within the state.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-05 - substituted by s7219a [A09062 Detail]

Download: New_York-2017-A09062-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9062--A
                   IN ASSEMBLY
                                    January 18, 2018
                                       ___________
        Introduced by M. of A. ERRIGO -- read once and referred to the Committee
          on  Local  Governments  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the village law and the public officers law, in relation
          to residency requirements for the office  of  court  clerk  or  deputy
          clerk/treasurer  in  the  village  of  Mount  Morris, in the county of
          Livingston
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  village  of  Mount  Morris,  Livingston  County, has
     2  employed individuals that reside outside of the political subdivision or
     3  municipal corporation as court clerk and deputy clerk/treasurer  of  the
     4  village in violation of section 3 of the public officers law and section
     5  3-300  of  the village law.  Notwithstanding this defect, the employment
     6  of such individuals as court clerk and  deputy  clerk/treasurer  of  the
     7  village is hereby validated, legalized, ratified and confirmed, notwith-
     8  standing the absence of prior legislative approval.
     9    §  2.  Section  3-300  of  the  village law is amended by adding a new
    10  subdivision 28 to read as follows:
    11    28. Notwithstanding any provisions of this chapter or any other gener-
    12  al law, local law, ordinance or special act, the village board of  trus-
    13  tees  of  the  incorporated  village of Mount Morris, Livingston county,
    14  may, by resolution, provide that the office of court  clerk  and  deputy
    15  clerk/treasurer  of such village need not be a resident of such village,
    16  provided that such person resides in the county of Livingston or  in  an
    17  adjoining county within the state of New York.
    18    §  3.  Section 3 of the public officers law is amended by adding a new
    19  subdivision 67 to read as follows:
    20    67. In the village of Mount Morris, Livingston county, the  provisions
    21  of  this  section  requiring  a person to be a resident of the political
    22  subdivision or municipal corporation of the state for which  he  or  she
    23  shall  be  chosen  or  within  which  his  or her official functions are
    24  required to be exercised, shall not prevent a person  from  holding  the
    25  office  of  village court clerk or deputy clerk/treasurer of the village
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13567-08-8
        A. 9062--A                          2
     1  of Mount Morris, provided that such person  resides  in  the  county  in
     2  which such village is located or an adjoining county within the state of
     3  New  York.    Provided,  however, the person performing the functions of
     4  village court clerk or deputy clerk/treasurer in any other village shall
     5  be  a  resident  of such village, unless otherwise provided by an act of
     6  the state legislature.
     7    § 4. This act shall take effect immediately.