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A05355 Summary:

BILL NOA05355
 
SAME ASSAME AS S04901
 
SPONSORMaher
 
COSPNSRBrown E, Brabenec, McDonough
 
MLTSPNSR
 
Amd §3-300, Vil L; amd §3, Pub Off L
 
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.
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A05355 Actions:

BILL NOA05355
 
03/07/2023referred to local governments
05/23/2023reported referred to rules
05/24/2023reported
05/24/2023rules report cal.245
05/24/2023ordered to third reading rules cal.245
05/24/2023passed assembly
05/24/2023delivered to senate
05/24/2023REFERRED TO LOCAL GOVERNMENT
06/09/2023SUBSTITUTED FOR S4901
06/09/20233RD READING CAL.1843
06/09/2023PASSED SENATE
06/09/2023RETURNED TO ASSEMBLY
09/07/2023delivered to governor
09/15/2023signed chap.389
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A05355 Memo:

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.
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A05355 Text:



 
                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
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