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Bill

A 11395

Permits Yates county assistant district attorneys and assistant public defenders to reside in Monroe county

2025 Regular Session

The bill allows Yates County assistant district attorneys (except the first) and assistant public defenders to reside in neighboring counties or nearby New York counties while stil

SUBSTITUTED BY S10526
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Bill Summary · A 11395

Overview

Bill A 11395 (2025-2026 New York session) would modify residency requirements for certain Yates County legal offices, allowing specific county officials to reside outside Yates County while remaining eligible to hold their positions.

Purpose and intent

  • To expand the residency eligibility for two categories of Yates County public service positions:
    • Assistant District Attorney (ADA) for the county of Yates (excluding the first ADA)
    • Assistant Public Defender (APD) for the county of Yates
  • The bill aims to reduce residency constraints by permitting residence in neighboring counties within New York State, specifically:
    • An adjoining county to Yates
    • Chemung County
    • Monroe County
  • The intended effect is to facilitate recruitment or retention of qualified personnel who may live outside Yates County but within reasonable proximity.

Key provisions and changes

  • Section 38 (Public Officers Law, as amended by Chapter 405 of 2025):
    • For ADAs in Yates County (except the first ADA):
    • Residency requirement exception: May reside in Yates County, an adjacent county within New York, Chemung County, or Monroe County.
  • Section 38-a (Public Officers Law, as amended by Chapter 405 of 2025):
    • For APDs in Yates County:
    • Residency requirement exception: May reside in Yates County, an adjacent county within New York, Chemung County, or Monroe County.
  • Effective date: Immediate upon enactment.

Persons and positions affected

  • Targeted positions:
    • Assistant District Attorneys in Yates County (excluding the first ADA)
    • Assistant Public Defenders in Yates County
  • Affected individuals would be those who meet the amended residency allowances and are appointed or serving in these roles.

Procedural and timeline aspects

  • Introduced May 15, 2026.
  • Referred to the Committee on Governmental Operations.
  • The act takes effect immediately upon enactment.

Potential impacts and considerations

  • Access and recruitment:
    • Could broaden the applicant pool by allowing qualified candidates who live in neighboring counties to serve in Yates County.
  • Local governance and administration:
    • May affect travel, scheduling, and community engagement by extending the geographic area in which officials can reside.
  • Compliance and oversight:
    • Requires ongoing verification that residents meet the new allowable residency criteria for eligibility to hold these offices.
  • Fiscal considerations:
    • No explicit funding or cost provisions are stated in the bill; potential indirect effects on commuting costs or county office logistics could arise.

If you’d like, I can provide a side-by-side comparison with current law or a concise one-page briefing tailored to policymakers or the public.

Compiled from official sources — confirm details with the bill’s official record.

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