NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9360
SPONSOR: Gallahan
 
TITLE OF BILL:
An act to amend the public officers law, in relation to allowing the
Seneca county attorney to reside in a county adjoining Seneca county
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow Seneca County to consider candidates for county
attorney who reside in an adjoining county. Making this change would
allow county leadership to consider a wider range of qualified candi-
dates.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amends Section 3 of the public officer's law by adding a new subdivision
74 to read as follows: 74. In the county of Seneca, the provisions of
this section requiring a person to be a resident of the political subdi-
vision or municipal corporation of the state for which he or she shall
be chosen or within his or her official functions are required to be
exercised, shall not prevent a person regularly admitted to practice as
an attorney or counselor in the courts of record of this state from
holding the office of Seneca County attorney, provided that such person
resides in the county of Seneca, or an adjoining county within the state
of New York. Provided, however, the person performing the functions of
county attorney in any other county shall be a resident of such county,
unless otherwise provided by an act of the state legislature.
 
JUSTIFICATION:
As a rural county with a decreasing population, the ability for Seneca
County to consider an expanded range of highly qualified candidates is
essential to ensuring that the county attorney's office is adequately
staffed.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9360
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to allowing the
Seneca county attorney to reside in a county adjoining Seneca 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 74 to read as follows:
3 74. In the county of Seneca, the provisions of this section requiring
4 a person to be a resident of the political subdivision or municipal
5 corporation of the state for which he or she shall be chosen or within
6 which his or her official functions are required to be exercised, shall
7 not prevent a person regularly admitted to practice as an attorney or
8 counselor in the courts of record of this state from holding the office
9 of Seneca county attorney, provided that such person resides in the
10 county of Seneca, or an adjoining county within the state of New York.
11 Provided, however, the person performing the functions of county attor-
12 ney in any other county shall be a resident of such county, unless
13 otherwise provided by an act of the state legislature.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14354-01-4