NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1514A
SPONSOR: Giglio JM 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 Rushford, county of Allega-
ny, to be a nonresident of such town
PURPOSE:
To amend an article and section of the Public Officers Law so that it
will reflect the expanded residency qualifications for town justices to
include all of Allegany County.
SUMMARY OF PROVISIONS:
Section 1 amends Section 23 of the town law to authorize the town of
Rushford town justice to reside anywhere in Allegany County, while still
maintaining other town justices in New York State reside in the town
that they serve.
Section 2 amends Section 3 of the Public Officers law to authorize a
resident of Allegany County to serve as a town justice in the town of
Rushford while still maintaining other town justices in New York State
reside in the town that they serve.
Section 3 provides for an immediate effective date.
JUSTIFICATION:
The town of Rushford 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.
LEGISLATIVE HISTORY:
2022: S.9046 Referred to Local Government
FISCAL IMPLICATIONS:
LOCAL FISCAL IMPLICATIONS:
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
1514--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 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
AN ACT to amend the town law and the public officers law, in relation to
authorizing the town justice of the town of Rushford, county of Alle-
gany, 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 36 to read as follows:
3 36. Notwithstanding the provisions of subdivision one of this section,
4 in the town of Rushford, in the county of Allegany, the person perform-
5 ing the function of town justice, need not be an elector of such town.
6 Provided, however, the person performing the function of town justice in
7 any other town shall be an elector of such town, unless otherwise
8 provided by an act of the state legislature.
9 § 2. Section 3 of the public officers law is amended by adding a new
10 subdivision 75 to read as follows:
11 75. In the town of Rushford, in the county of Allegany, the provisions
12 of this section requiring a person to be a resident of the political
13 subdivision or municipal corporation of the state for which such person
14 shall be chosen or within which such person's official functions are
15 required to be exercised, shall not prevent a person from holding the
16 office of town justice of the town of Rushford; provided that such
17 person resides in a town which is in the county of Allegany. Provided,
18 however, the person performing the function of town justice in any other
19 town shall be a resident of such town, unless otherwise provided by law.
20 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03997-02-4
