Bill Text: NY S05962 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to removing the residency requirement to hold the position of assistant district attorney in the county of Rensselaer, provided that such assistant district attorney resides in an adjoining county.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-06-09 - SUBSTITUTED BY A6102 [S05962 Detail]

Download: New_York-2023-S05962-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5962

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 23, 2023
                                       ___________

        Introduced  by  Sen.  ASHBY  -- 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-
          tion to hold the position of assistant district attorney in the county
          of Rensselaer

          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  Rensselaer,  the  provisions  of  this  section
     4  requiring  a  person  to  be  a resident of the political subdivision or
     5  municipal corporation of the state for which he or she shall  be  chosen
     6  or  within  which his or her official functions are required to be exer-
     7  cised, shall not prevent a person from holding the office  of  assistant
     8  district attorney of the county of Rensselaer, provided that such person
     9  resides  in Rensselaer county or an adjoining county within the state of
    10  New York; provided, however, that any person performing  such  functions
    11  or holding the office of assistant district attorney in any other county
    12  shall be a resident of such county unless otherwise provided by law. The
    13  provisions of this subdivision shall not apply to any person holding the
    14  office  of  chief assistant district attorney, the holder of which would
    15  assume the duties of the district attorney upon the district  attorney's
    16  absence  from  the  county  or upon the district attorney's inability to
    17  perform his or her duties.
    18    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10444-01-3