NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10962
SPONSOR: Smullen TITLE OF BILL:
An act to amend the public officers law, in relation to qualifications
for holding the office of deputy sheriff in the county of Montgomery
PURPOSE OR GENERAL IDEA OF BILL:
To allow individuals residing in counties adjoining Montgomery County to
hold the office of deputy sheriff in the County
SUMMARY OF PROVISIONS:
Section 1: Amends Section 3 of the public officers law to allow resi-
dents of counties adjoining Montgomery County to serve as deputy sher-
iffs in Montgomery County
Section 2: Sets the effective date
JUSTIFICATION:
This legislation comes at the request of the Montgomery County Legisla-
ture. The county has struggled to fill these necessary and important
positions; allowing individuals from adjoining counties to serve would
ensure the effective administration of the Montgomery County Sheriff's
Office, Due to the rural nature of Montgomery County and its adjoining
counties, allowing individuals residing in counties within a 50-mile
radius, which are enumerated in this legislation, to serve as deputy
sheriffs in the County is prudent.
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
________________________________________________________________________
10962
IN ASSEMBLY
April 14, 2026
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to qualifications
for holding the office of deputy sheriff in the county of Montgomery
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 48 of section 3 of the public officers law, as
2 added by chapter 518 of the laws of 2002, is amended to read as follows:
3 48. In the county of Montgomery, 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 deputy
8 sheriff in Montgomery county, provided, however, that such person
9 performing the duties and functions of deputy sheriff resides in Mont-
10 gomery county or any adjoining county within New York state unless
11 otherwise provided by an act of the state legislature. Such person
12 performing the duties and functions of deputy sheriff may also reside in
13 Albany county, Delaware county, Greene county, Hamilton county, Madison
14 county, Oneida county, Rensselaer county, Warren county, or Washington
15 county.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13656-02-5
