Senate Bill S268

2009-2010 Legislative Session

Provides that court clerk of a village of less than 10,000 or of a town of less than 20,000 need not be a resident of such village or town

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Jan 07, 2009	referred to local government

2009-S268 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §23, Town L; amd §3, Pub Off L; amd §3-300, Vil L

2009-S268 (ACTIVE) - Summary

Provides that the court clerk 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; such court clerk need only be a resident of the county in which such village or town is located or an adjoining county.

2009-S268 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S268

 TITLE OF BILL :
An act to amend the town law, the public officers law, and the village
law, in relation to the residency requirement for certain court clerks


 PURPOSE :
Provides that a court clerk of a village of less than 10,000 or of a
town of less than 20,000 need not be a resident of such village or
town.

 SUMMARY OF PROVISIONS :
Section 1- amends the Section 21 of the Town Law to add a subdivision
giving the option to any town in the state that has a population of
less than 20,000 residents to appoint a person to perform the duties
of court clerk who is not an elector of such town.

Section 2- amends the Public Officers Law to add a subdivision
exempting the town court clerk from the requirement that the
individual reside in such town, provided that they reside within the
county or an adjoining county.

Section 3- amends the Village Law to add a subdivision giving the
option to any incorporated village that has a population of less than
10,000 residents, by resolution, the power to exempt the court clerk

from the requirement that the individual reside in such village,
provided that they reside within the county or an adjoining county.

Section 4- contains the effective date.

 JUSTIFICATION :
This bill will allow towns and villages greater flexibility in hiring
a court clerk by providing them the opportunity to hire individuals
for these positions from within a larger geographical area, so as to
employ the best qualified and talented people they can to serve town
residents. The Senate has passed a number of these bills in the past
at the request of municipalities.  This bill would allow towns and
villages across the state the option of sharing their court clerk. In
addition, this is a way to promote the sharing of services between
municipalities.

 LEGISLATIVE HISTORY :
2008:     S.1133 Local Government
2007:     S.1133 Passed Senate
2005-06:  S.725 3rd Reading
2004:     S.6032 Local Government

 FISCAL IMPLICATIONS :
None. However, towns and villages could benefit from the savings which
result from sharing certain services.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S268 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   268

                       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

AN ACT to amend the town law, the public officers law, and  the  village
  law, in relation to the residency requirement for certain court clerks

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 23 of the town law  is  amended  by  adding  a  new
subdivision 23 to read as follows:
  23. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY THOUSAND
RESIDENTS  ACCORDING  TO  THE  TWO  THOUSAND  FEDERAL CENSUS MAY, AT ITS
OPTION, APPOINT A PERSON, WHO IS NOT AN ELECTOR OF SUCH TOWN, TO PERFORM
THE DUTIES OF COURT CLERK; PROVIDED THAT THE PERSON PERFORMING THE FUNC-
TIONS OF COURT CLERK IN ANY OTHER TOWN SHALL BE AN ELECTOR OF SUCH  TOWN
UNLESS OTHERWISE PROVIDED BY LAW.
  S  2.  Section 3 of the public officers law is amended by adding a new
subdivision 56 to read as follows:
  56. IN ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY
THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS, OR  ANY
VILLAGE  THAT  HAS  A  POPULATION  OF  LESS  THAN TEN THOUSAND RESIDENTS
ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS,  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 COURT
CLERK IN THAT TOWN OR VILLAGE PROVIDED THAT SUCH PERSON RESIDES  IN  THE
COUNTY  IN WHICH SUCH TOWN OR VILLAGE IS LOCATED, OR AN ADJOINING COUNTY
WITHIN THE STATE  OF  NEW  YORK.  PROVIDED,  FURTHER,  THAT  THE  PERSON
PERFORMING  THE  FUNCTIONS  OF  COURT CLERK IN ANY OTHER TOWN OR VILLAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00260-01-9

S. 268                              2

SHALL BE A RESIDENT OF SUCH TOWN OR VILLAGE, UNLESS  OTHERWISE  PROVIDED
BY LAW.
  S  3.  Section  3-300  of  the  village law is amended by adding a new
subdivision 19 to read as follows:
  19. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER  GENER-
AL, SPECIAL, OR LOCAL LAW OR ORDINANCE, THE VILLAGE BOARD OF TRUSTEES OF
ANY INCORPORATED VILLAGE THAT HAS A POPULATION OF LESS THAN TEN THOUSAND
RESIDENTS  ACCORDING  TO  THE TWO THOUSAND FEDERAL CENSUS MAY, BY RESOL-
UTION, PROVIDE THAT THE OFFICE OF VILLAGE COURT CLERK  OF  SUCH  VILLAGE
MAY  BE HELD BY A PERSON WHO IS NOT A RESIDENT OF SUCH VILLAGE, PROVIDED
THAT SUCH PERSON RESIDES WITHIN THE COUNTY  IN  WHICH  SUCH  VILLAGE  IS
LOCATED OR IN AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK.
  S 4. This act shall take effect immediately.

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Senate Bill S268

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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2009-S268 (ACTIVE) - Details

2009-S268 (ACTIVE) - Summary

2009-S268 (ACTIVE) - Sponsor Memo

2009-S268 (ACTIVE) - Bill Text download pdf

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2009-S268 (ACTIVE) - Details

2009-S268 (ACTIVE) - Summary

2009-S268 (ACTIVE) - Sponsor Memo

2009-S268 (ACTIVE) - Bill Text download pdf

Comments