NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6812C
SPONSOR: Simpson TITLE OF BILL:
An act to amend the public officers law, in relation to waiving the
residency requirement for certain county attorney positions within Essex
county
PURPOSE OR GENERAL IDEA OF BILL:
To waive the residency requirement for assistant public defense attor-
neys in the county of Essex
SUMMARY OF PROVISIONS:
Section 1 - Waives the residency requirement for assistant public
defense attorneys in the county of Essex
Section 2 - Provides effective date
JUSTIFICATION:
On March 6, 2023, the Essex County Board of Supervisors adopted a resol-
ution seeking this legislation. It followed at least three years during
which county officials have struggled, or been unable, to fill vacant
positions for assistant public defenders attorneys due to a lack of
qualified county residents.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to State
EFFECTIVE DATE:
This act shall take place immediately
STATE OF NEW YORK
________________________________________________________________________
6812--C
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. SIMPSON -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- ordered to a third
reading -- recommitted to the Committee on Ways and Means in accord-
ance with Assembly Rule 3, sec. 2 -- reference changed to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 75 to read as follows:
3 75. 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 such person shall be chosen or within
6 which such person's official functions are required to be exercised,
7 shall not prevent a person from holding the office of assistant public
8 defender of the county of Essex, provided that such person resides in a
9 county adjoining Essex county within the state of New York; provided,
10 however that any person performing such functions or holding such
11 offices in any other county shall be a resident of such county unless
12 otherwise provided by law. The provisions of this subdivision shall not
13 apply to any person holding the office of first assistant public defen-
14 der, the holder of which would assume the duties of the public defender
15 upon the public defender's absence from the county or upon the public
16 defender's inability to perform such office's 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.
LBD10133-06-4
