NY State Senate Bill 2015-S69

Senate Bill S69

Signed By Governor

2015-2016 Legislative Session

Relates to the qualifications for holding the office of assistant district attorney in the county of Wyoming

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2015	signed chap.139
Aug 03, 2015	delivered to governor
Jun 17, 2015	returned to senate passed assembly ordered to third reading rules cal.463 substituted for a6408
Jun 15, 2015	referred to codes delivered to assembly passed senate
Mar 03, 2015	advanced to third reading
Mar 02, 2015	2nd report cal.
Feb 26, 2015	1st report cal.143
Jan 07, 2015	referred to investigations and government operations

Votes

- Jun 15, 2015 - Floor Vote
  S69
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  Feb 26, 2015 - Investigations And Government Operations Committee Vote
  S69
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Feb 26, 2015
      
      aye (9)
      
      Carlucci
      
      Diaz
      
      Golden
      
      Hoylman-Sigal
      
      Marcellino
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Squadron

2015-S69 (ACTIVE) - Details

See Assembly Version of this Bill:: A6408
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L

2015-S69 (ACTIVE) - Summary

Relates to the qualifications for holding the office of assistant district attorney in the county of Wyoming.

2015-S69 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S69

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 Wyoming

PURPOSE:

This bill would permit Assistant District Attorneys in Wyoming 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 64 permitting Assistant District Attorneys in Wyoming
County to reside in an adjoining county. This exception does not apply
to any person holding the office of first assistant district attorney
or chief assistant district attorney.

Section 2 states that this act shall take effect immediately.

EXISTING LAW:

Existing law requires assistant district attorneys to reside in the
counties that they serve. A number of specific counties, however, have

been exempted from this residency requirement.

JUSTIFICATION:

The Assistant District Attorney position requires a set of unique
skills and specialized experiences. For example, expertise in domestic
violence, child abuse, narcotics, white collar crime, and violent
crime is necessary so that cases can be prosecuted effectively.

This bill has been introduced at the request of the Wyoming County
District Attorney. It is essential that predominantly rural counties,
like Wyoming County, have the same ability as those counties with a
higher population to recruit practitioners with the necessary skills
and experience for the Assistant District Attorney position.

Out of the 62 counties in New York, Wyoming County has the 8th
smallest population. Exceptions to the residency requirement for
assistant district attorneys have typically been granted to counties
with smaller populations. For example, Assistant District Attorneys in
Putnam County may reside in adjoining counties (C. 250 of 2008),
Assistant District Attorneys in Fulton County may reside in adjoining
counties (C. 265 of 2008), and Assistant District Attorneys in Essex
County may reside in adjoining counties (C. 225 of 2014).

Adoption of this legislation will provide the Wyoming County District
Attorney with a more flexible recruiting process by allowing the
District Attorney to hire from adjoining rural counties such as
Livingston and Genesee County. These counties share many of the same
characteristics of Wyoming County, ensuring that the interests of
Wyoming County are adequately represented.


LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S69 (ACTIVE) - Bill Text download pdf

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

                                   69

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 Wyoming

  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 WYOMING, THE PROVISIONS OF THIS SECTION REQUIRING
A  PERSON  TO  BE  A  RESIDENT OF THE POLITICAL SUBDIVISION OR MUNICIPAL
CORPORATION 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 WYOMING, PROVIDED THAT SUCH PERSON RESIDES IN
WYOMING COUNTY OR AN ADJOINING COUNTY WITHIN  THE  STATE  OF  NEW  YORK;
PROVIDED,  HOWEVER  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.
                                                           LBD00591-01-5

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