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S T A T E O F N E W Y O R K
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11113
I N A S S E M B L Y
April 24, 2026
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Introduced by M. of A. SMITH -- 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 attorney of the town of Islip, county of Suffolk,
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 ISLIP, IN THE COUNTY OF SUFFOLK, THE PERSON PERFORMING
5 THE FUNCTION OF TOWN ATTORNEY NEED NOT BE AN ELECTOR OF SUCH TOWN.
6 PROVIDED, HOWEVER, THE PERSON PERFORMING THE FUNCTION OF TOWN ATTORNEY
7 IN 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 ISLIP, IN THE COUNTY OF SUFFOLK, 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 ATTORNEY OF THE TOWN OF ISLIP; PROVIDED THAT SUCH PERSON RESIDES IN
17 THE COUNTY IN WHICH SUCH TOWN IS LOCATED. PROVIDED, HOWEVER, THE PERSON
18 PERFORMING THE FUNCTION OF TOWN ATTORNEY 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.
LBD15326-01-6