New York State Assembly

Bill No.:  

 
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A09916 Summary:

BILL NO	A09916
SAME AS	SAME AS S09265
SPONSOR	Tague
COSPNSR
MLTSPNSR
Amd 3, Pub Off L
Waives the residency requirement for certain county attorney positions within Greene county including assistant public defender.

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A09916 Actions:

BILL NO	A09916
04/26/2024	referred to governmental operations
05/29/2024	reported referred to rules
06/07/2024	reported
06/07/2024	rules report cal.640
06/07/2024	substituted by s9265
	S09265 AMEND= HINCHEY
	05/08/2024	REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
	05/21/2024	1ST REPORT CAL.1433
	05/22/2024	2ND REPORT CAL.
	05/23/2024	ADVANCED TO THIRD READING
	05/28/2024	PASSED SENATE
	05/28/2024	DELIVERED TO ASSEMBLY
	05/28/2024	referred to governmental operations
	06/07/2024	substituted for a9916
	06/07/2024	ordered to third reading rules cal.640
	06/07/2024	passed assembly
	06/07/2024	returned to senate

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A09916 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9916
 
SPONSOR: Tague

 
TITLE OF BILL:
 
An act to amend the public officers law, in relation to waiving the
residency requirement for certain county attorney positions within
Greene county
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This bill will allow non-residents of Greene County to hold the office
of assistant public defender of the county of Greene.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one of this bill amends section three of the public officers law
to permit a person residing in Greene County, or an adjoining county, to
hold the office of assistant public defender of the county of Greene.
 
Section two provides the effective date.
 
 
JUSTIFICATION:
 
Greene County recently requested this legislation to allow the hiring of
an attorney from an adjoining county to serve as assistant public defen-
der. With some exceptions, current New York State law requires that
assistant public defenders reside in the county in which they practice.
 
As a rural county of less than 50,000 people, there are a limited number
of attorneys who practice criminal law who reside in Greene County -
those that do, would rather work in private practice. As such, Greene
County is finding it difficult to hire an additional assistant public
defender to meet caseload demand and is therefore asking that the County
be afforded the opportunity to expand its candidate pool to neighboring
areas.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

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A09916 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9916
 
                   IN ASSEMBLY
 
                                     April 26, 2024
                                       ___________
 
        Introduced  by M. of A. TAGUE -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the public officers law,  in  relation  to  waiving  the
          residency  requirement  for  certain  county attorney positions within
          Greene 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 Greene, the provisions of this section requiring
     4  a person to be a resident of  the  political  subdivision  or  municipal
     5  corporation of the state for which such person shall be chosen or within
     6  which  their  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 Greene, provided that such  person  resides  in  a  county
     9  adjoining  Greene 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 their 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.
                                                                   LBD15188-01-4

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