Authorizes the town justice of the town of West Almond, county of Allegany, to be a nonresident of such town, so long as such person resides in Allegany county.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7844A
SPONSOR: Sempolinski TITLE OF BILL:
An act to amend the town law and the public officers law, in relation to
authorizing the town justice of the town of West Almond, county of Alle-
gany, to be a nonresident of such town
PURPOSE:
To amend the public officer law so that the town justice of the town of
West Almond, county of Allegany can be a nonresident of such town.
SUMMARY OF PROVISIONS:
Section 1 amends section 23 of the town law to authorize a resident of
Allegany county that is not a resident of West Almond to perform the
functions of town justice of the town of West Almond.
Section 2 amends Section 3 of the public Officers law to authorize a
resident of Allegany Count to serve as a town justice in the town of
West Almond while still maintaining other town justices in New York
State reside in the town that they serve in.
Section 3 provides for an immediate effective date.
JUSTIFICATION:
The town of West Almond would like the ability to have a wider pool of
candidates to seek the position of town justice due to the size of the
town and potential candidate pool.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
7844--A
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. SEMPOLINSKI -- read once and referred to the
Committee on Governmental Operations -- reported and referred to the
Committee on Ways and Means -- 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
authorizing the town justice of the town of West Almond, county of
Allegany, to be a nonresident of such town
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 23 of the town law is amended by adding a new
2 subdivision 37 to read as follows:
3 37. Notwithstanding the provisions of subdivision one of this section,
4 in the town of West Almond, in the county of Allegany, the person
5 performing the function of town justice, need not be an elector of such
6 town; provided that such person resides in the county of Allegany.
7 Provided, however, the person performing the function of town justice in
8 any other town shall be an elector of such town, unless otherwise
9 provided by an act of the state legislature.
10 § 2. Section 3 of the public officers law is amended by adding a new
11 subdivision 76 to read as follows:
12 76. In the town of West Almond, in the county of Allegany, 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
15 such person shall be chosen or within which such person's official func-
16 tions are required to be exercised, shall not prevent a person from
17 holding the office of town justice of the town of West Almond; provided
18 that such person resides in the county of Allegany. Provided, however,
19 the person performing the function of town justice in any other town
20 shall be a resident of such town, unless otherwise provided by law.
21 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09331-02-5
