NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6812B
SPONSOR: Simpson
 
TITLE OF BILL:
An act to amend the public officers law, in relation to waiving the
residency requirement for certain county attorney positions within Essex
county
 
PURPOSE OR GENERAL IDEA OF BILL::
To waive the residency requirement for assistant public defense attor-
neys and assistant social services attorneys in the county of Essex
 
SUMMARY OF PROVISIONS::
Section 1 - Waives the residency requirement.for assistant public
defense attorneys and assistant social services attorneys in the county
of Essex
Section 2 - Provides effective date
 
JUSTIFICATION::
On March 6, 2023, the Essex County Board of Supervisors adopted a resol-
ution seeking legislation for assistance regarding residency require-
ments for certain county attorney positions. It followed at least three
years during which county officials have struggled, or been unable, to
fill vacant positions for assistant public defenders and assistant
social service attorneys due to a lack of qualified county residents.
 
PRIOR LEGISLATIVE HISTORY::
New Bill
 
FISCAL IMPLICATIONS FOR. STATE AND LOCAL GOVERNMENTS::
None to State
 
EFFECTIVE DATE::
This act shall take place immediately
STATE OF NEW YORK
________________________________________________________________________
6812--B
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. SIMPSON -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
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:
1 Section 1. Section 3 of the public officers law is amended by adding a
2 new subdivision 73 to read as follows:
3 73. In the county of Essex, the provisions of this section requiring a
4 person to be a resident of the political subdivision or municipal corpo-
5 ration of the state for which he or she shall be chosen or within which
6 his or her official functions are required to be exercised, shall not
7 prevent a person from holding the office of assistant public defender of
8 the county of Essex, provided that such person resides in a county
9 adjoining Essex county within the state of New York; provided, however
10 that any person performing such functions or holding such offices in any
11 other county shall be a resident of such county unless otherwise
12 provided by law. The provisions of this subdivision shall not apply to
13 any person holding the office of first assistant public defender, the
14 holder of which would assume the duties of the public defender upon the
15 public defender's absence from the county or upon the public defender's
16 inability to perform his or her duties.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10133-04-3