senate Bill S6588A

Signed By Governor
2013-2014 Legislative Session

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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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 07, 2014 signed chap.225
Aug 01, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.461
substituted for a8760a
Apr 30, 2014 referred to governmental operations
delivered to assembly
passed senate
Mar 24, 2014 amended on third reading 6588a
Mar 20, 2014 advanced to third reading
Mar 19, 2014 2nd report cal.
Mar 18, 2014 1st report cal.306
Feb 10, 2014 referred to investigations and government operations

Votes

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Mar 18, 2014 - Investigations and Government Operations committee Vote

S6588
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 18, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

S6588 - Bill Details

See Assembly Version of this Bill:
A8760A
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L

S6588 - Bill Texts

view summary

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

view 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.

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                    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

S6588A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8760A
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L

S6588A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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