S4415-2011 - NY Senate Open Legislation - Relates to the residency requirements of stenographers for the county of Jefferson

Relates to the residency requirements of stenographers for the county of Jefferson.

Sponsor: RITCHIE
Law Section: Judiciary Law
Law: Amd S322, Judy L

S4415-2011 Actions

Jun 1, 2011: SIGNED CHAP.44
May 20, 2011: DELIVERED TO GOVERNOR
May 17, 2011: returned to senate
May 17, 2011: passed assembly
May 17, 2011: ordered to third reading cal.350
May 17, 2011: substituted for a7253
May 10, 2011: referred to judiciary
May 10, 2011: DELIVERED TO ASSEMBLY
May 10, 2011: PASSED SENATE
May 9, 2011: ADVANCED TO THIRD READING
May 4, 2011: 2ND REPORT CAL.
May 3, 2011: 1ST REPORT CAL.440
Apr 4, 2011: REFERRED TO JUDICIARY

S4415-2011 Meetings

Judiciary: May 3, 2011

S4415-2011 Calendars

Active List: May 10, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011

S4415-2011 Votes

VOTE: COMMITTEE VOTE: - Judiciary - May 3, 2011

Ayes (22): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Gianaris, Krueger, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (1): Adams

VOTE: FLOOR VOTE: - May 10, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Oppenheimer

S4415-2011 Memo

BILL NUMBER:S4415

TITLE OF BILL:
An act
to amend the judiciary law, in relation to residency requirements for
stenographers in the county of Jefferson

PURPOSE:
This bill will allow the District Attorney in Jefferson County to
appoint a stenographer from St. Lawrence County or any county
within the fifth judicial district.

SUMMARY:
Section 1 amends section 322 of the Judiciary law in order that the
District Attorney of Jefferson County may appoint a stenographer
residing in the county of St. Lawrence, or in any county of the fifth
judicial district.

Section 2 this act shall take effect immediately.

JUSTIFICATION:
It is the responsibility of the county's District Attorney to appoint
and compensate an official stenographer for grand jury proceedings
within the county. Rural counties like Jefferson, face unreliable
availability of stenographers within the county borders.

Current law requires the appointed stenographers be citizens and
residents of the county for which they are appointed. The same
section of law (333 of the Judiciary law) provides exemptions for 30
of New York's 62 counties as well as an exemption for the District
Attorney's of the City of New York.

This bill will allow the District Attorney of Jefferson County to
appoint a stenographer from St. Lawrence County or anywhere
within the borders of the fifth judicial district.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

S4415-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4415

                         2011-2012 Regular Sessions

                              I N  SENATE

                                April 4, 2011
                                 ___________

  Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
    printed to be committed to the Committee on Judiciary

  AN ACT to amend the judiciary law, in relation to residency requirements
    for stenographers in the county of Jefferson

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 322 of the judiciary law, as amended by chapter 457
  of the laws of 2009, is amended to read as follows:

    S  322.  Stenographers  to  be  citizens and residents of county where
  appointed. Every stenographer appointed under  the  provisions  of  this
  title  shall  be  a  citizen  and  resident of the county in which he is
  appointed, except that  the  district  attorney  of  Warren  county  may
  appoint a stenographer residing either in the county of Washington or in
  the  county of Saratoga and the district attorney of Hamilton county may
  appoint a stenographer residing in the county of Fulton and the district
  attorney of Wyoming county may appoint a stenographer residing either in
  the county of Genesee or in the county of Livingston  and  the  district
  attorney of Madison county may appoint a stenographer residing either in
  the  county  of  Onondaga or in the county of Oneida or in any county in
  the sixth judicial district and the district attorney of Allegany county
  may appoint a stenographer residing in the county of Steuben or  in  any
  county  in  the  eighth  judicial  district and the district attorney of
  Niagara county may appoint a stenographer  residing  in  the  county  of
  Erie,  Genesee  or Orleans and the district attorneys of Chemung, Tioga,
  Tompkins and Otsego counties may each appoint a stenographer residing in
  any county in the sixth judicial district and the district  attorney  of
  Schoharie  county  may  appoint a stenographer residing in any county in
  the third judicial district and  the  district  attorney  of  Washington
  county may appoint a stenographer residing either in the county of Sara-
  toga  or  in  the county of Warren and the district attorney of Saratoga
  county may appoint a stenographer residing in either Schenectady county,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10252-01-1

 S. 4415                             2

  or Albany county or Rensselaer county  and  the  district  attorneys  of
  Columbia  and Greene counties may appoint a stenographer residing in any
  county of the third judicial district  and  the  district  attorneys  of
  Seneca county, Ontario county, Wayne county, Livingston county and Yates
  county  may appoint a stenographer residing in any county of the seventh
  judicial district and the district attorney of Cayuga county may appoint
  a stenographer residing in the county of Onondaga, the county  of  Tomp-
  kins  or in any county of the seventh judicial district and the district
  attorney of Albany county may appoint a stenographer residing in  either
  Schenectady  county  or in any county of the third judicial district and
  the district attorneys of Rockland and Putnam  counties  may  appoint  a
  stenographer  residing  in any county of the ninth judicial district and
  the district attorney in  Orleans  county  may  appoint  a  stenographer
  residing  in  any county of the eighth judicial district and the several
  district attorneys within the city of New York may appoint stenographers
  residing in any county within such city and the  district  attorneys  of
  Lewis  and  Oswego  counties  may appoint a stenographer residing in any
  county in the fifth judicial district and the district attorney of Chau-
  tauqua county may appoint a stenographer residing in Erie county and the
  district attorney of  Cattaraugus  county  may  appoint  a  stenographer
  residing  in any county in the eighth judicial district and the district
  attorney of Schenectady county may appoint a  stenographer  residing  in
  either Albany county or in any county of the third judicial district AND
  THE  DISTRICT  ATTORNEY  OF  JEFFERSON COUNTY MAY APPOINT A STENOGRAPHER
  RESIDING IN THE COUNTY OF ST. LAWRENCE, OR IN ANY COUNTY  OF  THE  FIFTH
  JUDICIAL DISTRICT.
    S 2. This act shall take effect immediately.

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S4415-2011: Relates to the residency requirements of stenographers for the county of Jefferson