senate Bill S6588A

Signed by Governor

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

See Assembly Version of this Bill:
A8760A
Versions:
S6588
S6588A
Legislative Cycle:
2013-2014
Law Section:
Public Officers Law
Laws Affected:
Amd ยง3, Pub Off L

Sponsor Memo

BILL NUMBER:S6588A

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--A
    Cal. No. 306

                            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 -- reported favorably from said committee, ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

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 HOLDING THE  OFFICE  OF
ASSISTANT  DISTRICT  ATTORNEY IN ANY OTHER COUNTY SHALL BE A RESIDENT OF
SUCH COUNTY UNLESS OTHERWISE PROVIDED BY LAW.  THE  PROVISIONS  OF  THIS
SUBDIVISION  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.
                                                           LBD13934-02-4

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