NY State Senate Bill 2017-S8330A

Senate Bill S8330A

2017-2018 Legislative Session

Authorizes a person holding the office of assistant district attorney in the county of Lewis to reside in an adjoining county within the state

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2018	referred to codes delivered to assembly passed senate
Jun 06, 2018	amended on third reading 8330a
Jun 06, 2018	ordered to third reading cal.1606
Jun 05, 2018	committee discharged and committed to rules
May 01, 2018	referred to investigations and government operations

Votes

- Jun 11, 2018 - Floor Vote
  S8330A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Croci
      
      Sepúlveda
  Jun 5, 2018 - Rules Committee Vote
  S8330A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2018
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Gianaris

Bill Amendments

Original

A (Active)

2017-S8330 - Details

See Assembly Version of this Bill:: A10649
Current Committee:: Assembly Codes
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:: S2125, A5195

2017-S8330 - Summary

Authorizes a person holding the office of assistant district attorney in the county of Lewis to reside in an adjoining county within the state.

2017-S8330 - Sponsor Memo

                                
 
BILL NUMBER: S8330

SPONSOR: GRIFFO
 
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 OR GENERAL IDEA OF BILL:

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 SPECIFIC 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.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None Noted

 
EFFECTIVE DATE:
Immediately

2017-S8330 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8330
 
                             I N  S E N A T E
 
                                May 1, 2018
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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 ASSEM-
 BLY, 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,  OR  ANY
 OTHER PROVISION OF LAW, REQUIRING A PERSON TO BE A RESIDENT OF THE POLI-
 TICAL  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.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15496-01-8

2017-S8330A (ACTIVE) - Details

See Assembly Version of this Bill:: A10649
Current Committee:: Assembly Codes
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:: S2125, A5195

2017-S8330A (ACTIVE) - Summary

Authorizes a person holding the office of assistant district attorney in the county of Lewis to reside in an adjoining county within the state.

2017-S8330A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8330A

SPONSOR: GRIFFO
 
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.

2017-S8330A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8330--A
     Cal. No. 1606
 
                             I N  S E N A T E
 
                                May 1, 2018
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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  ASSEM-
 BLY, 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 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 THE FIRST ASSISTANT  DISTRICT  ATTOR-
 NEY,  PROVIDED THAT SUCH PERSON RESIDES IN LEWIS COUNTY OR IN AN ADJOIN-
 ING 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

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