NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9706
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the public officers law, in relation to the residency
requirement for assistant district attorneys in Schenectady county
PURPOSE OR GENERAL IDEA OF BILL:
Permits residents of Schenectady County and adjoining counties to hold
the position of assistant district attorney in Schenectady County.
SUMMARY OF PROVISIONS:
Section 1. Amends public officers law by adding a new subdivision that
authorizes residents of counties which adjoin Schenectady County to
serve as assistant district attorney in Schenectady County. This
provision does not apply to the position of chief assistant district
attorney.Section 2. Sets effective date.
JUSTIFICATION:
This bill has been introduced at the request of the Schenectady County
District Attorney's Office. This legislation will allow Schenectady
County the flexibility to hire qualified individuals from adjacent coun-
ties to hold the position of assistant district attorney in Schenectady
County and to retain assistant district attorneys currently employed.
Similar authorizations have been provided to multiple counties around
NYS (over 20 counties). This legislation provides the legal authority
to do so.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9706
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to the residency
requirement for assistant district attorneys in Schenectady 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 Schenectady, 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 such person shall be chosen
6 or within which such person's official functions are required to be
7 exercised, shall not prevent a person from holding the office of assist-
8 ant district attorney of the county of Schenectady, provided, that such
9 person resides in Schenectady county or an adjoining county within the
10 state of New York; provided, however, that any person performing such
11 functions or holding the office of assistant district attorney in any
12 other county shall be a resident of such county unless otherwise
13 provided by law. The provisions of this subdivision shall not apply to
14 any person holding the office of chief assistant district attorney, the
15 holder of which would assume the duties of the district attorney upon
16 the district attorney's absence from the county or upon the district
17 attorney's inability to perform such district attorney's 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.
LBD15084-01-4
