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Bill

S 10526

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

2025 Regular Session Introduced by Tom O'Mara

The bill relaxes residency rules for Yates County ADAs (non-first) and APDs, letting them live in nearby NY counties (including Monroe and Chemung) while serving.

RETURNED TO SENATE
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WeVote Research Nonpartisan
Bill Summary · S 10526

Overview

Bill S 10526 (2025-2026 Session, New York) would modify residency requirements for specific Yates County legal positions. Specifically, it allows certain county prosecutors and public defenders to reside outside Yates County while remaining eligible to hold their offices.

Main purpose and intent

  • To relax residency restrictions for two categories of Yates County legal staff:
    • Assistant district attorneys (ADAs) other than the first ADA
    • Assistant public defenders (APDs)
  • The bill permits these officials to reside in neighboring counties (within New York State), expanding the geographic options for where they may live while performing their official duties.

Key provisions and changes

  • Amends Public Officers Law, sections 3(38) and 3(38-a), as amended by Chapter 405 of 2025:
    • For ADAs (non-first ADAs) in Yates County:
    • Current requirement: resident of the state subdivision/municipality where they serve or within their official functions
    • New allowance: may reside in Yates County, an adjoining county within New York, Chemung County, or Monroe County
    • For APDs in Yates County:
    • Current requirement: resident of the state subdivision/municipality where they serve or within their official functions
    • New allowance: may reside in Yates County, an adjoining county within New York, Chemung County, or Monroe County
  • Effective date: immediate upon enactment

Who would be affected

  • Yates County:
    • Assistant district attorneys (excluding the first ADA)
    • Assistant public defenders
  • Eligible residents outside Yates County:
    • Individuals who reside in adjoining counties within New York, Chemung County, or Monroe County, who are otherwise qualified for the respective roles

Procedural and timeline aspects

  • Introduction and referral: May 18, 2026
  • Referred to the Senate Committee on Investigations and Government Operations
  • As a bill, it would still require passage by both houses of the New York State Legislature and the governor’s signature to become law
  • Immediate effect upon enactment if signed

Potential implications

  • Recruitment and retention: Broader residency eligibility could aid in attracting qualified ADAs and APDs who live outside Yates County but nearby.
  • Resource and commute considerations: May impact commuting expectations, office capacity, and collaboration with county offices.
  • Equity with neighboring counties: Creates parity with residency rules that already permit practice in nearby counties, potentially easing staffing pressures during shortages.
  • Administrative impact: Local government and HR departments would need to align with the updated residency allowances for qualifying personnel.

Note: The bill text explicitly adds Monroe County and Chemung County to the list of permissible places of residence alongside Yates and adjoining counties. As written, it applies to the specified roles and does not extend to other county positions.

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

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