Permits the village justice of the village of Maybrook, Orange county, to reside outside of the Village boundaries but within the town of Montgomery or the town of Hamptonburgh.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5355
SPONSOR: Maher TITLE OF BILL:
An act to amend the village law and the public officers law, in relation
to permitting village justices of the village of Maybrook to live in the
towns of Montgomery or Hamptonburgh
PURPOSE:
Permits village justices of the village of Maybrook to live in the towns
of Montgomery or Hamptonburgh.
SUMMARY OF PROVISIONS:
Section 1. Section 3-300 of the public officers law is amended by adding
a new subdivision 33.
Subdivision 33: In the Town of Maybrook in the County of Orange, 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 village justice, provided that such person resides in the
towns of Montgomery or Hamptonburgh.
Section 2. Section 3 of the public officers law is amended by adding a
new subdivision 73.
Subdivision 73: In the Town of Maybrook in the County of Orange, 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 village justice, provided that such person resides in the
towns of Montgomery or Hamptonburgh. Provided, however, that the person
performing the function of village justice in any other village shall be
from such village unless otherwise provided for in an act of the State
Legislature.
Section 3 states the effective date.
JUSTIFICATION:
At the request of the Village of Maybrook, this legislation would permit
village justice candidates to reside in the Town of Montgomery and the
Town of Hamptonburgh. This change would aid in finding more candidates
for the position.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5355
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. MAHER -- read once and referred to the Committee
on Local Governments
AN ACT to amend the village law and the public officers law, in relation
to permitting village justices of the village of Maybrook to live in
the towns of Montgomery or Hamptonburgh
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3-300 of the village law is amended by adding a new
2 subdivision 33 to read as follows:
3 33. Notwithstanding any provisions of this chapter or any other gener-
4 al law, local law, ordinance, or special act, the village board of trus-
5 tees of the incorporated village of Maybrook, Orange county, may, by
6 resolution, provide that the office of village justice of such village
7 may be held by a person who is not a resident of such village, provided
8 that such person resides within either the town of Montgomery or the
9 town of Hamptonburgh within Orange county.
10 § 2. Section 3 of the public officers law is amended by adding a new
11 subdivision 73 to read as follows:
12 73. In the village of Maybrook, in the county of Orange, the
13 provisions of this section requiring a person to be a resident of the
14 political subdivision or municipal corporation of the state for which he
15 or she shall be chosen or within which his or her official functions are
16 required to be exercised, shall not prevent a person from holding the
17 office of village justice of the village of Maybrook, provided that such
18 person resides in the town of Montgomery or the town of Hamptonburgh.
19 Provided, however, the person performing the functions of village
20 justice in any other village shall be a resident of such village unless
21 otherwise provided by an act of the state legislature.
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07836-01-3
