Exempts persons holding the office of assistant district attorney in the county of Columbia from the requirement that such persons reside in such county.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8622
SPONSOR: Barrett TITLE OF BILL:
An act to amend the public officers law, in relation to the qualifica-
tions for holding the office of assistant district attorney in the coun-
ty of Columbia
PURPOSE OF THE BILL:
To provide a residency waiver for the person holding the office of
Assistant District Attorney in the County of Columbia.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Section 3 of the Public Officers Law by adding a new
subdivision 74 providing a residency waiver for a person holding the
office of Assistant District Attorney of the County of Columbia.
§ 2: Effective date.
JUSTIFICATION:
Under the Public Officers Law, as prescribed under
Section 3, requires a person holding a local civil office to be a resi-
dent of the political subdivision or municipal corporation of the state
for which he or she shall be chosen or within which his or her official
functions are required to be exercised. Due to this limitation, the
County of Columbia has requested legislation to waive the residency
requirement for a person holding the office of Assistant District Attor-
ney.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8622
IN ASSEMBLY
January 12, 2024
___________
Introduced by M. of A. BARRETT -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to the qualifica-
tions for holding the office of assistant district attorney in the
county of Columbia
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 74 to read as follows:
3 74. In the county of Columbia, the provisions of this section requir-
4 ing a person to be a resident of the political subdivision or municipal
5 corporation of the state for which he or she shall be chosen or within
6 which his or her official functions are required to be exercised, shall
7 not prevent a person from holding the office of assistant district
8 attorney of the county of Columbia, provided that such person resides in
9 Columbia county or an adjoining county within the state of New York;
10 provided, however that any person performing such functions or holding
11 the office of assistant district attorney in any other county shall be a
12 resident of such county unless otherwise provided by law. The provisions
13 of this subdivision shall not apply to any person holding the office of
14 first assistant district attorney or chief assistant district attorney,
15 the holder of which would assume the duties of the district attorney
16 upon the district attorney's absence from the county or upon the
17 district attorney's inability to 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.
LBD13738-01-3
