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S19Senate2025-2026 SessionSame asA4025

Waive Residency for County Attorneys

Official title

“Waives the residency requirement for certain county attorney positions within Warren county”

Sponsor Dan StecSD-45Affects Legal
Status
Senate Floor Calendar
Impact
4/10
Low
Outcome
Companion signed

Bill progress

Signed via A4025

What's happening

This bill allows assistant district attorneys, assistant public defenders, and assistant county attorneys in Warren County to reside in neighboring counties.

Why it matters

  1. Expanding eligible applicant pool. By allowing assistant district attorneys, assistant public defenders, and assistant county attorneys in Warren County to live in neighboring counties, the bill could help attract more qualified candidates to these positions, especially if local recruitment has been challenging.

  2. Potential to improve legal services. Broader residency options may make it easier to fill vacancies or bring in specialized legal talent, which could result in more efficient or higher quality prosecution and defense services for residents of Warren County.

  3. Preserves leadership residency requirements. The bill specifically excludes the first assistant public defender (who would act as public defender in their absence) from the new flexibility, maintaining a higher residency standard for those in top roles to ensure local accountability and familiarity.

  4. Reflects regional workforce realities. Many professionals may already commute between counties in upstate New York; this change recognizes and adapts to regional demographics and commuting patterns, potentially reducing barriers to public service employment.

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Who cares

Headline styles

Waive Residency for County Attorneys

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Dan Stec

Senator · Senate District 45

No co-sponsors yet.

History

  1. Substituted by A4025
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1430
  5. 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.

A4025Assembly

Waive Residency for County Attorneys

Signed by Governor · Sponsor Matthew Simpson

Impact 3 · LowSigned into law

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

19

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sen. STEC -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations

AN ACT to amend the public officers law, in relation to waiving the residency requirement for certain county attorney positions within Warren county

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 76 to read as follows:

76. In the county of Warren, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney, assistant public defender or assistant county attorney of the county of Warren, provided that such person resides in a county adjoining Warren county within the state of New York; provided, however that any person performing such functions or holding such offices 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 public defender, the holder of which would assume the duties of the public defender upon the public defender's absence from the county or upon the public defender's inability to perform such office's duties.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00169-01-5

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 waiving the residency requirement for certain county attorney positions within Warren county

Purpose

To waive the residency requirements for certain assistant attorneys in Warren County.

Summary of provisions

Section 1 - Amends Section 3 of the public officers law to allow for non-residents to serve as assistant district attorney, assistant public defender or assistant county attorney within Warren County.

Section 2 - Provides effective date

Justification

This legislation comes at the request of the Warren County Board of Supervisors.

For years, the county has struggled to fill necessary and important positions due to a dearth of qualified individuals.

Legislative history

New bill

Fiscal implications

None to the state

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.