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

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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: (Introduced) 2024-03-27 - ADVANCED TO THIRD READING [S05608 Detail]

Download: New_York-2023-S05608-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5608--B
            Cal. No. 701

                               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

        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 73 to read as follows:
     3    73. 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 he or she shall be chosen or within which
     6  his or her official functions are required to be  exercised,  shall  not
     7  prevent a person from holding the office of assistant public defender of
     8  the  county  of  Essex,  provided  that  such person resides in a county
     9  adjoining Essex county within the state of New York;  provided,  however
    10  that any person performing such functions or holding such offices in any
    11  other  county  shall  be  a  resident  of  such  county unless otherwise
    12  provided by law.  The provisions of this subdivision shall not apply  to
    13  any  person  holding  the office of first assistant public defender, the
    14  holder of which would assume the duties of the public defender upon  the
    15  public  defender's absence from the county or upon the public defender's
    16  inability to perform his or her 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.
                                                                   LBD10133-05-3