S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5682
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2013
                                      ___________
       Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
         Committee on Local Governments
       AN ACT to amend the village law and the public officers law, in relation
         to the residency of certain officers of the village of Penn Yan, coun-
         ty of Yates
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3-300 of the village law is amended by adding a new
    2  subdivision 22 to read as follows:
    3    22. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR ANY OTHER GENER-
    4  AL  LAW, LOCAL LAW, ORDINANCE OR SPECIAL ACT, THE VILLAGE BOARD OF TRUS-
    5  TEES OF THE INCORPORATED VILLAGE OF PENN YAN, COUNTY OF YATES,  MAY,  BY
    6  RESOLUTION,  PROVIDE  THAT THE OFFICE OF VILLAGE CLERK-TREASURER OF SUCH
    7  VILLAGE MAY BE HELD BY A PERSON WHO IS NOT A RESIDENT OF  SUCH  VILLAGE,
    8  PROVIDED  THAT  SUCH  PERSON  RESIDES  IN  THE  COUNTY OF YATES OR IN AN
    9  ADJOINING COUNTY WITHIN THE STATE OF NEW YORK.
   10    S 2. Section 3 of the public officers law is amended by adding  a  new
   11  subdivision 60 to read as follows:
   12    60.  IN  THE  VILLAGE  OF PENN YAN, COUNTY OF YATES, THE PROVISIONS OF
   13  THIS SECTION REQUIRING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDI-
   14  VISION OR MUNICIPAL CORPORATION OF THE STATE FOR WHICH HE OR  SHE  SHALL
   15  BE  CHOSEN OR WITHIN WHICH HIS OR HER OFFICIAL FUNCTIONS ARE REQUIRED TO
   16  BE EXERCISED, SHALL NOT PREVENT A PERSON  FROM  HOLDING  THE  OFFICE  OF
   17  VILLAGE  CLERK-TREASURER  OF THE VILLAGE OF PENN YAN, PROVIDED THAT SUCH
   18  PERSON RESIDES IN THE COUNTY IN WHICH SUCH VILLAGE IS LOCATED OR  IN  AN
   19  ADJOINING  COUNTY  WITHIN  THE STATE OF NEW YORK. PROVIDED, HOWEVER, THE
   20  PERSON PERFORMING THE FUNCTIONS OF VILLAGE CLERK-TREASURER IN ANY  OTHER
   21  VILLAGE  SHALL  BE A RESIDENT OF SUCH VILLAGE, UNLESS OTHERWISE PROVIDED
   22  BY AN ACT OF THE STATE LEGISLATURE.
   23    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08884-01-3