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A07137 Summary:

BILL NOA07137
 
SAME ASSAME AS S02045
 
SPONSORSmullen
 
COSPNSR
 
MLTSPNSR
 
Amd 700, County L
 
Relates to the full-time status of the district attorney of Hamilton county.
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A07137 Actions:

BILL NOA07137
 
04/23/2021referred to local governments
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A07137 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7137
 
SPONSOR: Smullen
  TITLE OF BILL: An act to amend the county law, in relation to the full-time status of the district attorney of Hamilton county   SUMMARY OF GENERAL PROVISIONS: Section 1 amends subdivision 8 of Section 700 of the County Law to make the District Attorney of Hamilton County a full-time position. Section 2 provides the effective date.   EXISTING LAW: Judiciary Law Section 183-a affords county legislatures the option of designating the office of district attorney as a full-time position. Section 183-a links county district attorneys' salaries with judicial salaries, requiring a district attorney's salary to be equal to or high- er than either the county court judge or supreme court judge in a coun- ty, depending on full or part-time status. On April 1, 2016 the State legislature approved the salary raises recommended by the New York State Commission on Legislative, Judicial, and Executive Compensation. This statute increased all state judge (and most district attorney) salaries in 2016, 2017, and 2018. Chapter 1049 of the Laws of 1974, amended subdivisions 8 and 10 of section 700 of the County Law and section 183-a of the Judiciary Law to extend to counties with populations ranging from 40,000 to 100,000 the option of designating the position of district attorney full time, thereby becoming eligible to receive State aid in the amount of $10,000 per year to be applied to the district attorney's salary.   JUSTIFICATION: District attorneys retain the ultimate, non-delegable duty to conduct all prosecutions for crimes and offenses recognizable by courts of the county for which he or she has been elected. However, law enforcement needs differ in counties of various sizes. Section 183-a of the Judiciary Law and subdivision 8 of section 700 of the County Law evidence a legislative recognition that smaller counties might find it burdensome to comply with the statutory salary require- ments, thus, leaving it to the county legislature to determine whether or not the position of district attorney would be full time and subject to those salary requirements. The office of the District Attorney of Hamilton County by its nature exceeds that of a part-time position and conducting prosecution s for crimes throughout the county requires a full-time commitment. As such, the applicable local government has adopted a resolution to make the position of District Attorney of Hamilton County a full-time position and subject to statutory salary requirements.   PRIOR LEGISLATIVE HISTORY: 06/20/19 A.7215passed assembly   FISCAL IMPACT FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: Immediately.
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A07137 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7137
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 23, 2021
                                       ___________
 
        Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the county law, in relation to the full-time  status  of
          the district attorney of Hamilton county
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 8 of section 700 of the county law, as  amended
     2  by chapter 419 of the laws of 1978, is amended to read as follows:
     3    8.  The district attorney of a county having a population of more than
     4  one hundred thousand according to the last  federal  census  [and],  the
     5  district  attorney  of  Hamilton  county, the district attorney of Essex
     6  county and any county having a population of more  than  forty  thousand
     7  but less than one hundred thousand according to the last federal census,
     8  the  board of supervisors of which has designated such office as a full-
     9  time position, shall give his whole time to his  duties  and  shall  not
    10  engage  in the practice of law, act as an arbitrator, referee or compen-
    11  sated mediator in any action or proceeding or matter or  engage  in  the
    12  conduct  of  any  other profession or business which interferes with the
    13  performance of his duties as district attorney.
    14    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04121-01-1
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