Bill Text: NY S05608 | 2023-2024 | General Assembly | Amended


Bill Title: Waives the residency requirement for certain county attorney positions within Essex county including assistant public defender.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2024-08-28 - SIGNED CHAP.267 [S05608 Detail]

Download: New_York-2023-S05608-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5608--C
            Cal. No. 706

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 8, 2023
                                       ___________

        Introduced  by  Sen.  STEC  --  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
          --  again  amended  and  ordered reprinted, retaining its place in the
          order of third reading -- recommitted to  the  Committee  on  Investi-
          gations  and  Government  Operations in accordance with Senate Rule 6,
          sec. 8 -- 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 waiving the
          residency requirement for certain  county  attorney  positions  within
          Essex county

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 3 of the public officers law is amended by adding a
     2  new subdivision 75 to read as follows:
     3    75. In the county of Essex, the provisions of this section requiring a
     4  person to be a resident of the political subdivision or municipal corpo-
     5  ration of the state for which such person  shall  be  chosen  or  within
     6  which  such  person's  official  functions are required to be exercised,
     7  shall not prevent a person from holding the office of  assistant  public
     8  defender  of the county of Essex, provided that such person resides in a
     9  county adjoining Essex county within the state of  New  York;  provided,
    10  however  that  any  person  performing  such  functions  or holding such
    11  offices in any other county shall be a resident of  such  county  unless
    12  otherwise provided by law.  The provisions of this subdivision shall not
    13  apply  to any person holding the office of first assistant public defen-
    14  der, the holder of which would assume the duties of the public  defender
    15  upon  the  public  defender's absence from the county or upon the public
    16  defender's inability to perform such office's duties.
    17    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10133-07-4
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