Bill Text: NY S00267 | 2009-2010 | General Assembly | Amended
Bill Title: Provides that a part-time employee of a village with a population of less than 10,000 or of a town with a population of less than 20,000 need not be a resident of such village or town, at the option of such town or village; provides that such part-time employee need only be a resident of the county in which such village or town is located or an adjoining county.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-06-08 - ADVANCED TO THIRD READING [S00267 Detail]
Download: New_York-2009-S00267-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
267--A
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted to the Committee on Local Government in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the town law, the public officers law and the village
law, in relation to the residency requirement for certain part-time
employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 23 of the town law is amended by adding a new
2 subdivision 24 to read as follows:
3 24. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
4 ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY THOUSAND
5 RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS MAY, AT ITS
6 OPTION, APPOINT A PERSON, WHO IS NOT AN ELECTOR OF SUCH TOWN, TO PERFORM
7 THE DUTIES OF ANY PART-TIME EMPLOYMENT POSITION; PROVIDED THAT THE
8 PERSON PERFORMING THE FUNCTIONS OF A PART-TIME EMPLOYEE IN ANY OTHER
9 TOWN SHALL BE AN ELECTOR OF SUCH TOWN UNLESS OTHERWISE PROVIDED BY LAW.
10 S 2. Section 3 of the public officers law is amended by adding a new
11 subdivision 57 to read as follows:
12 57. IN ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY
13 THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS OR ANY
14 VILLAGE THAT HAS A POPULATION OF LESS THAN TEN THOUSAND RESIDENTS
15 ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS, WHICH ELECTS TO BE SUBJECT
16 TO THE PROVISIONS OF THIS SUBDIVISION, THE PROVISIONS OF THIS SECTION
17 REQUIRING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDIVISION OR
18 MUNICIPAL CORPORATION OF THE STATE FOR WHICH HE OR SHE SHALL BE CHOSEN
19 OR WITHIN WHICH HIS OR HER OFFICIAL FUNCTIONS ARE REQUIRED TO BE EXER-
20 CISED, SHALL NOT PREVENT A PERSON FROM HOLDING ANY PART-TIME EMPLOYMENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00258-02-0
S. 267--A 2
1 POSITION IN THAT TOWN OR VILLAGE PROVIDED THAT SUCH PERSON RESIDES IN
2 THE COUNTY IN WHICH SUCH TOWN OR VILLAGE IS LOCATED, OR AN ADJOINING
3 COUNTY WITHIN THE STATE OF NEW YORK. PROVIDED, FURTHER, THAT THE PERSON
4 PERFORMING THE FUNCTIONS OF A PART-TIME EMPLOYEE IN ANY OTHER TOWN OR
5 VILLAGE SHALL BE A RESIDENT OF SUCH TOWN OR VILLAGE, UNLESS OTHERWISE
6 PROVIDED BY LAW.
7 S 3. Section 3-300 of the village law is amended by adding a new
8 subdivision 19 to read as follows:
9 19. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER GENER-
10 AL, SPECIAL, OR LOCAL LAW OR ORDINANCE, THE VILLAGE BOARD OF TRUSTEES OF
11 ANY INCORPORATED VILLAGE THAT HAS A POPULATION OF LESS THAN TEN THOUSAND
12 RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS MAY, BY RESOL-
13 UTION, PROVIDE THAT ANY PART-TIME EMPLOYMENT POSITION IN SUCH VILLAGE
14 MAY BE HELD BY A PERSON WHO IS NOT A RESIDENT OF SUCH VILLAGE, PROVIDED
15 THAT SUCH PERSON RESIDES WITHIN THE COUNTY IN WHICH SUCH VILLAGE IS
16 LOCATED OR IN AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK.
17 S 4. This act shall take effect immediately.
