Waives the residency requirement for the clerk to the board of supervisors of Seneca county allowing a person holding such office to reside in a county adjoining Seneca county.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4106
SPONSOR: Gallahan TITLE OF BILL:
An act to amend the public officers law, in relation to waiving the
residency requirement for the clerk to the Seneca county board of super-
visors
PURPOSE OR GENERAL IDEA OF BILL:
This bill waives the residency requirement for the clerk to the Seneca
county board of supervisors
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 3 of the public officers law is amended by adding a
new subdivision 73
Section 2: Identifies the effective date
JUSTIFICATION:
Public Officers Law requires that a person appointed to the position of
clerk to the Board of Supervisors be a resident of the political subdi-
vision or municipal corporation of the state for which he or she shall
be chose or within which his or her official functions are required to
be exercised.
Following a recent retirement of the clerk to the Seneca County Board of
Supervisor, the board would like to appoint the past deputy clerk to the
position of clerk. However, said person does not reside in Seneca Coun-
ty, but does reside in a county contiguous to Seneca County. This bill
seeks to waive the residency requirement for clerk to the Seneca County
Board of Supervisors provided that such person resides in a county
adjourning Seneca County.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
4106
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. GALLAHAN, PALMESANO -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to waiving the
residency requirement for the clerk to the Seneca county board of
supervisors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the public officers law is amended by adding a
2 new subdivision 73 to read as follows:
3 73. In the county of Seneca, the provisions of this section requiring
4 a person to be a resident of the political subdivision or municipal
5 corporation of the state for which he or she shall be chosen or within
6 which his or her official functions are required to be exercised, shall
7 not prevent a person from holding the office of clerk to the board of
8 supervisors of Seneca county, provided that such person resides in a
9 county adjoining Seneca county within the state of New York; provided,
10 however that any person performing such functions or holding the office
11 of clerk to the board of supervisors in any other county shall be a
12 resident of such county unless otherwise provided by law.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07959-01-3
