senate Bill S6588

Signed by Governor Amended

Authorizes person holding the office of assistant district attorney in the county of Essex to reside in an adjoining county within the state

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 10 / Feb / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 18 / Mar / 2014
    • 1ST REPORT CAL.306
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 24 / Mar / 2014
    • AMENDED ON THIRD READING 6588A
  • 30 / Apr / 2014
    • PASSED SENATE
  • 30 / Apr / 2014
    • DELIVERED TO ASSEMBLY
  • 30 / Apr / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A8760A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.461
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 07 / Aug / 2014
    • SIGNED CHAP.225

Summary

Authorizes person holding the office of assistant district attorney in the county of Essex to reside in an adjoining county within the state.

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Bill Details

Versions:
S6588
S6588A
Legislative Cycle:
2013-2014
Law Section:
Public Officers Law
Laws Affected:
Amd ยง3, Pub Off L

Votes

Sponsor Memo

BILL NUMBER:S6588

TITLE OF BILL: An act to amend the public officers law, in relation
to the qualifications for holding the office of assistant district
attorney in the county of Essex

PURPOSE: This bill would permit Assistant District Attorneys in Essex
County, other than a First Assistant or Chief Assistant who could
assume the duties of the District Attorney, to reside in an adjoining
county.

SUMMARY OF PROVISIONS:

Section 1- Amends section 3 of the public officers law by adding a new
subdivision 62 permitting Assistant District Attorneys in Essex
County, other than a First Assistant or Chief Assistant who could
assume the duties of the District Attorney, to reside in an adjoining
county.

EXISTING LAW: There are currently scores of specific exceptions to
the general rule requiring many public officers to reside within the
municipal jurisdiction by which they are employed. Of particular
relevance, Assistant District Attorneys in Montgomery County may
reside in adjoining counties (C. 663 of 2006), Assistant District
Attorneys in Fulton County (C. 265 of 2008), Assistant District
Attorneys in Putnam (C. 250 of 2008) and others.

JUSTIFICATION: This bill has been introduced at the request of the
Essex County District Attorney. The District Attorney has had
difficulty recruiting Assistant District Attorneys solely from among
practitioners who reside in this predominantly rural county. Adoption
of this legislation will enable the District Attorney to recruit from
adjoining rural counties such as Clinton or Franklin, which share many
characteristics' of Essex County.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: Will provide the county with greater
flexibility.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6588

                            I N  S E N A T E

                            February 10, 2014
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation to  the  qualifica-
  tions  for  holding  the  office of assistant district attorney in the
  county of Essex

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3 of the public officers law is amended by adding a
new subdivision 62 to read as follows:
  62. IN THE COUNTY OF ESSEX, THE PROVISIONS OF THIS SECTION REQUIRING A
PERSON TO BE A RESIDENT OF THE POLITICAL SUBDIVISION OR MUNICIPAL CORPO-
RATION  OF THE STATE FOR WHICH HE OR SHE SHALL BE CHOSEN OR WITHIN WHICH
HIS OR HER OFFICIAL FUNCTIONS ARE REQUIRED TO BE  EXERCISED,  SHALL  NOT
PREVENT  A PERSON FROM HOLDING THE OFFICE OF ASSISTANT DISTRICT ATTORNEY
OF THE COUNTY OF ESSEX, PROVIDED THAT SUCH PERSON RESIDES IN ESSEX COUN-
TY OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK; PROVIDED, HOWEV-
ER, THAT ANY PERSON PERFORMING SUCH FUNCTIONS OR HOLDINGS THE OFFICE  OF
ASSISTANT DISTRICT  ATTORNEY IN OTHER COUNTY SHALL BE A RESIDENT OF SUCH
COUNTY UNLESS OTHERWISE PROVIDED BY LAW. THE PROVISIONS OF THIS SUBDIVI-
SION SHALL NOT APPLY TO ANY PERSON HOLDING THE OFFICE OF FIRST ASSISTANT
DISTRICT  ATTORNEY  OR  CHIEF ASSISTANT DISTRICT ATTORNEY, THE HOLDER OF
WHICH WOULD ASSUME THE DUTIES OF THE DISTRICT ATTORNEY UPON THE DISTRICT
ATTORNEY'S ABSENCE FROM THE  COUNTY  OR  UPON  THE  DISTRICT  ATTORNEY'S
INABILITY TO PERFORM HIS OR HER DUTIES.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13934-01-4

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