Waives the local residency requirement for the village clerk and village treasurer in the village of Portville by permitting such public officers to reside within Cattaraugus county or an adjoining county within the State of New York.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6404C
SPONSOR: Giglio JM TITLE OF BILL:
An act to amend the public officers law and the village law, in relation
to waiving the local residency requirement for the village clerk and
village treasurer in the village of Portville
PURPOSE OR GENERAL IDEA OF BILL:
Waives the local residency requirement for public officers in the
village of Portville.
SUMMARY OF PROVISIONS:
Section 1.73: The village of Portville, county of Cattaraugus, adopted a
resolution providing the waiving of the local residency requirement for
public officials to not only include the county of Cattaraugus but to
include all counties of New York State. Notwithstanding any other
provision of law to the contrary, the village of Portville, county of
Cattaraugus as a condition of employment, shall permit public officials
to reside within any county in the state of New York.
Section 2: Effective date.
By waiving the local residency requirement, it allows the village to
have a candidate pool of qualified candidates for appointed public offi-
cials and eliminates barriers to growth for the area.
JUSTIFICATION:
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6404--C
2023-2024 Regular Sessions
IN ASSEMBLY
April 6, 2023
___________
Introduced by M. of A. J. M. GIGLIO -- read once and referred to the
Committee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- recommitted to the
Committee on Local Governments in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public officers law and the village law, in relation
to waiving the local residency requirement for the village clerk and
village treasurer in the village of Portville
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 75 to read as follows:
3 75. In the village of Portville, in the county of Cattaraugus, the
4 provisions of this section requiring a person to be a resident of the
5 political subdivision or municipal corporation of the state for which
6 such person shall be chosen or within which such person's official func-
7 tions are required to be exercised, shall not prevent a person from
8 holding the office of village clerk and village treasurer of the village
9 of Portville, provided that such person resides within Cattaraugus coun-
10 ty or an adjoining county within the state of New York. Provided,
11 however, that the person performing the functions of village clerk and
12 village treasurer in any other village shall be a resident of such
13 village unless otherwise provided by law.
14 § 2. Section 3-300 of the village law is amended by adding a new
15 subdivision 35 to read as follows:
16 35. Notwithstanding any provisions of this chapter or any other gener-
17 al law, local law, ordinance, or special act, the village board of trus-
18 tees of the incorporated village of Portville, Cattaraugus county, may,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10464-06-4
A. 6404--C 2
1 by resolution, provide that the village clerk/treasurer of the village
2 of Portville, Cattaraugus county, need not be residents of such village,
3 but must be residents in the county in which such village is located or
4 an adjoining county within the state of New York. Provided, however, the
5 person performing the functions of village clerk/treasurer in any other
6 village shall be a resident of such village, unless otherwise provided
7 by an act of the state legislature.
8 § 3. This act shall take effect immediately.
