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A06404 Text:



 
                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.
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