What's happening
This bill allows assistant district attorneys in Lewis County, except for the first assistant, to live in adjoining counties.
Why it matters
Expands the potential hiring pool for assistant district attorneys in Lewis County. , making it easier to recruit qualified legal professionals who live nearby but not within county borders, which could be crucial for small or rural counties facing staffing challenges.
Specifically excludes the first assistant district attorney from this residency exception. , ensuring that the person who would step in for the district attorney in their absence must still reside in Lewis County, maintaining local oversight and familiarity at the highest levels of the office.
Maintains residency requirements for assistant district attorneys in all other counties unless separately authorized by law. , so this change is narrowly tailored and does not alter broader state policy, reflecting a local response to unique needs in Lewis County.
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Who cares
Headline styles
Let Lewis ADA Live Nearby
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–0
- Amended on third reading 8330a
- Ordered to third reading cal.1606
- Committee discharged and committed to rules
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let ADAs Live Nearby
In Assembly Committee · Rules · Sponsor Kenneth Blankenbush
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8330--A Cal. No. 1606
IN SENATE
May 1, 2018
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the public officers law, in relation to authorizing a person holding the office of assistant district attorney in the county of Lewis to reside in an adjoining county within the state
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the public officers law is amended by adding a new subdivision 67 to read as follows:
67. In the county of Lewis, the provisions of this section requiring a person to be a resident 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, shall not prevent a person from holding the office of assistant district attorney of the county of Lewis, other than the first assistant district attorney, provided that such person resides in Lewis county or in an adjoining county within the state of New York; provided, however, that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law. The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15496-03-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to authorizing a person holding the office of assistant district attor- ney in the county of Lewis to reside in an adjoining county within the state
Purpose
This bill would amend section three of the public officers law relation to authorize a person to hold the office of assistant district attorney in the county of Lewis so long as they reside in an adjoining county within the state.
Summary of provisions
This bill would amend section three of the public officers law to add a new subdivision 67 to provide that in the county of Lewis, the provisions of this section, or any other provisions of law, requiring a person to be a resident of the political subdivision or municipal corpo- ration of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Lewis, other than first assistant district attorney, provided that such person resides in Lewis county or an adjoining county within the state of New York.
Justification
The office of assistant district attorney is a very critical position to assuring the maintenance of justice within a county. Any person who maintains such office must be highly qualified and fully capable of carrying out their important mission of administration of justice.
Sadly, in many small counties in upstate New York, the pool of qualified individuals able to present themselves to hold such an important posi- tion for their community may not always be present. In such cases, it might be necessary for such counties to look to an adjoining county from which they may hire and retain such a qualified and capable individual.
Other similarly situated rural counties across the state have thereby sought and received permission to expand their talent search for a qual- ified assistant district attorney in an adjoin county within the state. This bill would extend this ability to Lewis County as well.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.