Senate Bill S5608

Signed By Governor
2023-2024 Legislative Session

Waives the residency requirement for certain county attorney positions within Essex county

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Current Bill Status - Signed by Governor

  • 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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Bill Amendments

2023-S5608 - Details

See Assembly Version of this Bill:
A6812
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L
Versions Introduced in 2025-2026 Legislative Session:
S19

2023-S5608 - Summary

Waives the residency requirement for certain county attorney positions within Essex county including assistant public defender.

2023-S5608 - Sponsor Memo

2023-S5608 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5608
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  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  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:
 
   Section 1. Section 3 of the public officers law is amended by adding a
 new subdivision 73 to read as follows:
   73. IN THE COUNTY OF ESSEX, 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 PUBLIC DEFENDER OR
 ASSISTANT  ESSEX  COUNTY  SOCIAL  SERVICES  ATTORNEY, PROVIDED THAT SUCH
 PERSON RESIDES IN A COUNTY ADJOINING ESSEX 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10133-01-3

2023-S5608A - Details

See Assembly Version of this Bill:
A6812
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L
Versions Introduced in 2025-2026 Legislative Session:
S19

2023-S5608A - Summary

Waives the residency requirement for certain county attorney positions within Essex county including assistant public defender.

2023-S5608A - Sponsor Memo

2023-S5608A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5608--A
     Cal. No. 701
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- reported favorably from said committee, ordered  to
   first  and  second  report,  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  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:
 
   Section 1. Section 3 of the public officers law is amended by adding a
 new subdivision 73 to read as follows:
   73. IN THE COUNTY OF ESSEX, 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 PUBLIC DEFENDER
 PROVIDED THAT SUCH PERSON RESIDES IN A  COUNTY  ADJOINING  ESSEX  COUNTY
 WITHIN THE STATE OF NEW YORK; PROVIDED, HOWEVER THAT ANY PERSON PERFORM-
 ING  SUCH FUNCTIONS OR HOLDING SUCH OFFICES IN ANY OTHER COUNTY SHALL BE
 A RESIDENT OF SUCH COUNTY UNLESS OTHERWISE PROVIDED BY LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10133-03-3

2023-S5608B - Details

See Assembly Version of this Bill:
A6812
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L
Versions Introduced in 2025-2026 Legislative Session:
S19

2023-S5608B - Summary

Waives the residency requirement for certain county attorney positions within Essex county including assistant public defender.

2023-S5608B - Sponsor Memo

2023-S5608B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5608--B
     Cal. No. 701
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- reported favorably from said committee, ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  again  amended  and  ordered reprinted, retaining its place in the
   order of third reading
 
 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:
 
   Section 1. Section 3 of the public officers law is amended by adding a
 new subdivision 73 to read as follows:
   73. IN THE COUNTY OF ESSEX, 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 PUBLIC DEFENDER OF
 THE  COUNTY  OF  ESSEX,  PROVIDED  THAT  SUCH PERSON RESIDES IN A COUNTY
 ADJOINING ESSEX 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 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.
                                                            LBD10133-05-3

2023-S5608C (ACTIVE) - Details

See Assembly Version of this Bill:
A6812
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L
Versions Introduced in 2025-2026 Legislative Session:
S19

2023-S5608C (ACTIVE) - Summary

Waives the residency requirement for certain county attorney positions within Essex county including assistant public defender.

2023-S5608C (ACTIVE) - Sponsor Memo

2023-S5608C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5608--C
     Cal. No. 706
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- reported favorably from said committee, ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  again  amended  and  ordered reprinted, retaining its place in the
   order of third reading -- recommitted to  the  Committee  on  Investi-
   gations  and  Government  Operations in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report,  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 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:
 
   Section 1. Section 3 of the public officers law is amended by adding a
 new subdivision 75 to read as follows:
   75. IN THE COUNTY OF ESSEX, 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 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  PUBLIC
 DEFENDER  OF THE COUNTY OF ESSEX, PROVIDED THAT SUCH PERSON RESIDES IN A
 COUNTY ADJOINING ESSEX 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 DEFEN-
 DER, 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.

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