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Assembly Bill A6404A

2015-2016 Legislative Session

Relates to citizenship requirements in the county of Onondaga for the position of district attorney

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A6404 - Details

See Senate Version of this Bill:
S4532
Current Committee:
Assembly Governmental Operations
Law Section:
Onondaga County
Laws Affected:
Amd §3, Pub Off L

2015-A6404 - Summary

Relates to citizenship requirements in the county of Onondaga for the position of assistant district attorney.

2015-A6404 - Bill Text download pdf 

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

                                  6404

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the public officers  law,  in  relation  to  citizenship
  requirements in the county of Onondaga

  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 64 to read as follows:
  64. IN THE COUNTY OF ONONDAGA, THE PROVISIONS OF THIS SECTION  REQUIR-
ING  A PERSON TO BE A CITIZEN OF THE UNITED STATES SHALL NOT PREVENT THE
DISTRICT ATTORNEY OF THE COUNTY OF ONONDAGA FROM EMPLOYING ONE PERSON TO
HOLD THE OFFICE OF ASSISTANT DISTRICT ATTORNEY OF THE COUNTY OF ONONDAGA
WHO IS NOT A CITIZEN OF THE UNITED STATES,  PROVIDED  HOWEVER  THAT  THE
PERSON  HOLDING  THE  OFFICE  OF  ASSISTANT DISTRICT ATTORNEY SHALL BE A
LAWFUL RESIDENT OF THE COUNTY OF ONONDAGA WHO IS INTENDING  TO  SEEK  TO
BECOME  A  CITIZEN OF THE UNITED STATES. THE PROVISIONS OF THIS SUBDIVI-
SION SHALL NOT PERMIT THE  PERSON  HOLDING  THE  POSITION  OF  ASSISTANT
DISTRICT  ATTORNEY WHO IS NOT A CITIZEN OF THE UNITED STATES TO HOLD THE
OFFICE OF FIRST CHIEF ASSISTANT DISTRICT  ATTORNEY  OR  CHIEF  ASSISTANT
DISTRICT  ATTORNEY,  OR  TO  BE  DESIGNATED  TO 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.
                                                           LBD03486-02-5

2015-A6404A (ACTIVE) - Details

See Senate Version of this Bill:
S4532
Current Committee:
Assembly Governmental Operations
Law Section:
Onondaga County
Laws Affected:
Amd §3, Pub Off L

2015-A6404A (ACTIVE) - Summary

Relates to citizenship requirements in the county of Onondaga for the position of assistant district attorney.

2015-A6404A (ACTIVE) - Bill Text download pdf 

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

                                 6404--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT in relation to citizenship requirements in the county of  Ononda-
  ga;  and  providing  for the repeal of such provisions upon expiration
  thereof

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

  Section  1.  Notwithstanding the provisions of section 3 of the public
officers law requiring a person holding a civil office to be  a  citizen
of  the United States, in the county of Onondaga there may be one person
holding the office of assistant district attorney for such county who is
a resident of such county but is not a citizen  of  the  United  States,
provided that all assistant district attorneys of such county shall meet
all  of the qualifications for holding such office pursuant to section 3
of the public officers law within four years of the  effective  date  of
this  act  unless otherwise provided by law. Provided, further, that any
person performing the functions  or  holding  the  office  of  assistant
district  attorney  in any other county shall be a citizen of the United
States unless otherwise provided by law.  The  provisions  of  this  act
shall  not  apply  to  any  person holding the office of first assistant
district attorney, chief  assistant  district  attorney,  or  any  other
office  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 and shall expire and be
deemed repealed four years after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03486-03-5

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