NY State Senate Bill S2045

Current Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2021	reported and committed to finance
Jan 19, 2021	referred to local government

Votes

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Jan 25, 2021 - Local Government committee Vote

S2045

committee

Aye

Nay

Aye with Reservations

Absent

Excused

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S2045 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: County Law
Laws Affected:: Amd §700, County L
Versions Introduced in 2019-2020 Legislative Session:: S4632

S2045 (ACTIVE) - Summary

Relates to the full-time status of the district attorney of Hamilton county.

S2045 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2045

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the county law, in relation to the full-time status of
the district attorney of Hamilton county

 
SUMMARY OF GENERAL PROVISIONS:

Section 1 amends subdivision 8 of Section 700 of the County Law to make
the District Attorney of Hamilton County a full-time position.

Section 2 provides the effective date.

 
EXISTING LAW:

Judiciary Law Section 183-a affords county legislatures the option of
designating the office of district attorney as a full-time position.
Section 183-a links county district attorneys' salaries with judicial
salaries, requiring a district attorney's salary to be equal to or high-

er than either the county court judge or supreme court judge in a coun-
ty, depending on full or part-time status. On April 1, 2016 the State
legislature approved the salary raises recommended by the New York State
Commission on Legislative, Judicial, and Executive Compensation. This
statute increased all state judge (and most district attorney) salaries
in 2016, 2017, and 2018.

Chapter 1049 of the Laws of 1974, amended subdivisions 8 and 10 of
section 700 of the County Law and section 183-a of the Judiciary Law to
extend to counties with populations ranging from 40,000 to 100,000 the
option of designating ,the position of district attorney full time,
thereby becoming eligible to receive State aid in the amount of $10,000
per year to be applied to the district attorney's salary.

 
JUSTIFICATION:

District attorneys retain the ultimate, non-delegable duty to conduct
all prosecutions for crimes and offenses cognizable by courts of the
county for which he or she has been elected. However, law enforcement
needs differ in counties of various sizes.

Section 183-a of the Judiciary Law and subdivision 8 of section 703 of
the County Law evidence a legislative recognition that smaller counties
might find it burdensome to comply with the statutory salary require-
ments, thus, leaving it to the county legislature to determine whether
or not the position of district attorney would be full time and subject
to those salary requirements. The office of the District Attorney of
Hamilton County by its nature exceeds that of a part-time position, and
conducting prosecutions for crimes throughout the county requires a
full-time commitment. As such, the applicable local government has
adopted a resolution to make the position of District Attorney of Hamil-
ton County a full-time position and subject to statutory salary require-
ments.

 
PRIOR LEGISLATIVE HISTORY:

03/18/19: 5.4632 REFERRED TO LOCAL GOVERNMENT:

06/17/19: S.4632 COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/17/19: S.4632 ORDERED TO THIRD READING CAL.1427

06/17/19: S.4632 PASSED SENATE

06/17/19: S.4632 DELIVERED TO ASSEMBLY

06/17/19: S.4632 referred to local governments

06/20/19: S.4632 substituted for a7215

06/20/19: S.4632 ordered to third reading rules cal.649

06/20/19: S.4632 passed assembly

06/20/19: S.4632 returned to senate

12/20/19: S.4632 DELIVERED TO GOVERNOR

12/20/19: S.4632 VETOED MEM0.270

 
FISCAL IMPACT FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2045 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2045
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the county law, in relation to the full-time  status  of
   the district attorney of Hamilton county
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 8 of section 700 of the county law, as  amended
 by chapter 419 of the laws of 1978, is amended to read as follows:
   8.  The district attorney of a county having a population of more than
 one hundred thousand according to the last  federal  census  [and],  THE
 DISTRICT  ATTORNEY  OF  HAMILTON  COUNTY, the district attorney of Essex
 county and any county having a population of more  than  forty  thousand
 but less than one hundred thousand according to the last federal census,
 the  board of supervisors of which has designated such office as a full-
 time position, shall give his whole time to his  duties  and  shall  not
 engage  in the practice of law, act as an arbitrator, referee or compen-
 sated mediator in any action or proceeding or matter or  engage  in  the
 conduct  of  any  other profession or business which interferes with the
 performance of his duties as district attorney.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04121-01-1

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The New York State Senate

senate Bill S2045

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

Jan 25, 2021 - Local Government committee Vote

Local Government Committee Vote: Jan 25, 2021

S2045 (ACTIVE) - Details

S2045 (ACTIVE) - Summary

S2045 (ACTIVE) - Sponsor Memo

S2045 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2045

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Sponsored By

James Tedisco

Current Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

Jan 25, 2021 - Local Government committee Vote

Local Government Committee Vote: Jan 25, 2021

S2045 (ACTIVE) - Details

S2045 (ACTIVE) - Summary

S2045 (ACTIVE) - Sponsor Memo

S2045 (ACTIVE) - Bill Text download pdf

Comments