The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8714
 
                             I N  S E N A T E
 
                               April 4, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT  to  amend  the  judiciary  law,  in  relation  to  stenographers
   appointed by the Orange county district attorney
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision i of section 321 of the judiciary law, as added
 by chapter 93 of the laws of 1974, is amended to read as follows:
   i. In the county of Orange, it shall be lawful for the district attor-
 ney of said county to appoint [two]  SIX  stenographers,  each  of  whom
 shall  have  authority to take and transcribe the testimony given before
 the grand juries in said county of Orange, and such  appointments  shall
 be  in  writing  under  the hand and seal of such district attorney, and
 shall be filed in the county clerk's office in the county of Orange.
   § 2. Section 322 of the judiciary law, as amended by  chapter  165  of
 the laws of 2018, is amended to read as follows:
   §  322.  Stenographers  to  be  citizens and residents of county where
 appointed. Every stenographer appointed under  the  provisions  of  this
 title  shall  be  a  citizen  and  resident of the county in which he is
 appointed, except that  the  district  attorney  of  Warren  county  may
 appoint a stenographer residing either in the county of Washington or in
 the  county of Saratoga and the district attorney of Hamilton county may
 appoint a stenographer residing in the county of Fulton and the district
 attorney of Wyoming county may appoint a stenographer residing either in
 the county of Genesee or in the county of Livingston  and  the  district
 attorney of Madison county may appoint a stenographer residing either in
 the  county  of  Onondaga or in the county of Oneida or in any county in
 the sixth judicial district and the district attorney of Allegany county
 may appoint a stenographer residing in the county of Steuben or  in  any
 county  in  the  eighth  judicial  district and the district attorney of
 Niagara county may appoint a stenographer  residing  in  the  county  of
 Erie,  Genesee  or Orleans and the district attorneys of Chemung, Tioga,
 Tompkins and Otsego counties may each appoint a stenographer residing in
 any county in the sixth judicial district and the district  attorney  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15053-01-2
 S. 8714                             2
 
 Schoharie  county  may  appoint a stenographer residing in any county in
 the third judicial district and  the  district  attorney  of  Washington
 county may appoint a stenographer residing either in the county of Sara-
 toga  or  in  the county of Warren and the district attorney of Saratoga
 county may appoint a stenographer residing in either Schenectady county,
 or Albany county or Rensselaer county  and  the  district  attorneys  of
 Columbia  and Greene counties may appoint a stenographer residing in any
 county of the third judicial district  and  the  district  attorneys  of
 Seneca county, Ontario county, Wayne county, Livingston county and Yates
 county  may appoint a stenographer residing in any county of the seventh
 judicial district and the district attorney of Cayuga county may appoint
 a stenographer residing in the county of Onondaga, the county  of  Tomp-
 kins  or in any county of the seventh judicial district and the district
 attorney of Albany county may appoint a stenographer residing in  either
 Schenectady  county  or in any county of the third judicial district and
 the district attorneys of Rockland and Putnam  counties  may  appoint  a
 stenographer  residing  in any county of the ninth judicial district and
 the district attorney in  Orleans  county  may  appoint  a  stenographer
 residing  in  any county of the eighth judicial district and the several
 district attorneys within the city of New York may appoint stenographers
 residing in any county within such city and the  district  attorneys  of
 Lewis  and  Oswego  counties  may appoint a stenographer residing in any
 county in the fifth judicial district and the district attorney of Chau-
 tauqua county may appoint a stenographer residing in Erie county and the
 district attorney of  Cattaraugus  county  may  appoint  a  stenographer
 residing  in any county in the eighth judicial district and the district
 attorney of Schenectady county may appoint a  stenographer  residing  in
 either Albany county or in any county of the third judicial district and
 the  district  attorney  of  Jefferson county may appoint a stenographer
 residing in the county of St. Lawrence, or in any county  of  the  fifth
 judicial district and the district attorney of Broome county may appoint
 a  stenographer  residing  in the county of Onondaga or in any county of
 the sixth judicial district AND THE DISTRICT ATTORNEY OF  ORANGE  COUNTY
 MAY  APPOINT  A  STENOGRAPHER  RESIDING  IN  ORANGE COUNTY OR ANY COUNTY
 ADJOINING ORANGE COUNTY.
   § 3. Section 327 of the judiciary law, as amended by  chapter  585  of
 the laws of 1979, is amended to read as follows:
   §  327.  Compensation  and payment of stenographers. Each stenographer
 appointed as aforesaid shall  receive  such  compensation  for  services
 rendered while engaged in taking testimony before a grand jury, as shall
 be  determined  by the board of supervisors or county legislature of the
 county in which he is appointed, excepting that in  the  county  of  New
 York,  such  compensation  shall  be  fixed by the board of estimate and
 apportionment of the city of New York, and such compensation  shall  not
 be  less  than  five  nor more than ten dollars per day; and in addition
 thereto such stenographer shall be entitled to and shall be allowed  for
 a copy of testimony furnished to the district attorney the same rate per
 folio  as  is  prescribed  by the civil practice law and rules, and such
 stenographer shall receive the same compensation for all copies  of  the
 evidence  in  excess  of  three copies, furnished by him to the district
 attorney. Such compensation shall be a county charge, and shall be  paid
 by  the  treasurer of such county upon the affidavit of the stenographer
 and the certificate of the district attorney specifying  the  number  of
 days  of  actual  service  and the number of folios furnished; excepting
 that in the counties of Broome, Cayuga, Delaware, Erie, Monroe,  Oneida,
 Otsego,  Rockland,  Schenectady,  Tioga  and Westchester the salaries of
 S. 8714                             3
 
 said stenographers shall be fixed by the board of supervisors or  county
 legislature  and  in  the  counties  of  Monroe, Niagara and Oneida such
 stenographers in addition to such salary, shall be entitled to and shall
 be  allowed  for  a copy of testimony furnished to the district attorney
 the fees prescribed by the civil practice law and  rules.  Such  compen-
 sation  shall  be a county charge, and shall be paid by the treasurer of
 said county upon the affidavit of the stenographers and the  certificate
 of  the district attorney specifying the number of folios furnished; and
 excepting that in the county of Queens said stenographers shall  receive
 a  salary  of  one  thousand  dollars per annum, and in the [counties of
 Orange and] COUNTY OF Ulster, twelve  hundred  dollars  per  annum;  and
 excepting that in the county of Kings the salaries of said stenographers
 shall be fixed by the board of estimate and apportionment of the city of
 New  York; AND EXCEPTING THAT IN THE COUNTY OF ORANGE SAID STENOGRAPHERS
 SHALL RECEIVE A SALARY IN AN AMOUNT AS SHALL BE PRESCRIBED IN THE ANNUAL
 COUNTY BUDGET.  Such salaries shall be a county charge and shall be paid
 monthly, and in Erie, Oneida, Rockland, Westchester and Niagara counties
 semi-monthly, by the treasurer of said county in the same manner as  the
 salaries of other county officers are paid.
   § 4. This act shall take effect immediately.