NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11185
SPONSOR: Palmesano 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 Dix, county of Schuyler, to
be a nonresident of such town
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to authorize the town justice of the Town of
Dix, located in Schuyler County, to be a nonresident of the town.
SUMMARY OF PROVISIONS:
Section 1: Amends Section 23 of the Town Law by adding a new subdivision
38, which states that in the Town of Dix, Schuyler County, the person
performing the function of Town Justice, need not be an elector of the
town.
Section 2: Amends Section 3 of the Public Officers Law by adding a new
subdivision 77.
JUSTIFICATION:
This legislation was requested by the town of Dix following the resigna-
tion of the former justice. Due to the difficulty in finding anyone
residing in the town willing to take the office, the Town Board is seek-
ing to permit a person who is not a resident of the Town of Dix to serve
as town justice.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11185
IN ASSEMBLY
May 1, 2026
___________
Introduced by M. of A. PALMESANO -- read once and referred to the
Committee on Local Governments
AN ACT to amend the town law and the public officers law, in relation to
authorizing the town justice of the town of Dix, county of Schuyler,
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 38 to read as follows:
3 38. Notwithstanding the provisions of subdivision one of this section,
4 in the town of Dix, in the county of Schuyler, the person performing the
5 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 77 to read as follows:
11 77. In the town of Dix, in the county of Schuyler, the provisions of
12 this section requiring a person to be a resident of the political subdi-
13 vision or municipal corporation of the state for which such person shall
14 be chosen or within which such person's official functions are required
15 to be exercised, shall not prevent a person from holding the office of
16 town justice of the town of Dix; provided that such person resides in a
17 town which is in the county of Schuyler. Provided, however, the person
18 performing the function of town justice in any other town shall be a
19 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.
LBD15592-01-6
