A09671 Summary:

BILL NOA09671A
 
SAME ASNo Same As
 
SPONSORLalor
 
COSPNSR
 
MLTSPNSR
 
Amd 23, Town L; amd 3, Pub Off L
 
Relates to waiving the residency requirement for the town board-appointed officers in the town of LaGrange, Dutchess county.
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A09671 Actions:

BILL NOA09671A
 
03/28/2016referred to local governments
05/16/2016amend and recommit to local governments
05/16/2016print number 9671a
05/23/2016reported
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A09671 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9671A
 
SPONSOR: Lalor
  TITLE OF BILL: An act to amend the town law and the public officers law, in relation to waiving the residency requirement for the town board-appointed officers in the town of LaGrange, Dutchess county   PURPOSE OR GENERAL IDEA OF BILL: Waives the residency requirement for the positions of building inspec- tor, town comptroller and town administrator of public works in the town of LaGrange, Dutchess County.   SUMMARY OF SPECIFIC PROVISIONS: The positions of town of LaGrange building inspector, town comptroller and town administrator of public works are exempted from residency requirements.   JUSTIFICATION: This provides the town with the needed flexibility to appropriately fill these positions. The town, in examining past administrative practices, has determined it to be in the best interest of the town to have this flexibility in the residency requirement so as to maintain public services in these areas.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A09671 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9671--A
 
                   IN ASSEMBLY
 
                                     March 28, 2016
                                       ___________
 
        Introduced  by M. of A. LALOR -- 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 town law and the public officers law, in relation to
          waiving  the  residency requirement for the town board-appointed offi-
          cers in the town of LaGrange, Dutchess county

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  town  of  LaGrange,  in  the county of Dutchess, has
     2  employed individuals that reside outside the  political  subdivision  or
     3  municipal  corporation  as town building inspector, town comptroller and
     4  town administrator of public works in violation  of  section  3  of  the
     5  public officers law and section 23 of the town law. Notwithstanding this
     6  defect,  the employment of such an individual as town of LaGrange build-
     7  ing inspector, town comptroller and town administrator of  public  works
     8  is  hereby validated, legalized, ratified and confirmed, notwithstanding
     9  the absence of prior legislative approval.
    10    § 2. Section 23 of the town law is amended by adding a new subdivision
    11  30 to read as follows:
    12    30. Notwithstanding the provisions of subdivision one of this section,
    13  in the town of LaGrange, in the county of Dutchess, the person  perform-
    14  ing the functions of the building inspector, comptroller and administra-
    15  tor  of  public  works  need  not  be an elector of such town. Provided,
    16  however, the person performing the functions of the building  inspector,
    17  comptroller and administrator of public works in any other town shall be
    18  an  elector  of  such  town,  unless otherwise provided by an act of the
    19  state legislature.
    20    § 3. Section 3 of the public officers law is amended by adding  a  new
    21  subdivision 65 to read as follows:
    22    65. In the town of LaGrange, in the county of Dutchess, the provisions
    23  of  this  section  requiring  a person to be a resident of the political
    24  subdivision or municipal corporation of the state for which  he  or  she
    25  shall  be  chosen  or  within  which  his  or her official functions are
    26  required to be exercised shall not prevent a  person  from  holding  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14378-04-6

        A. 9671--A                          2
 
     1  office  of  building  inspector, comptroller and administrator of public
     2  works provided that such persons  reside  in  the  county  of  Dutchess.
     3  Provided,  however, the persons performing the functions of the building
     4  inspector,  comptroller  and  administrator of public works in any other
     5  town shall be a resident of such town, unless otherwise provided by law.
     6    § 4. This act shall take effect immediately.
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