Bill Text: NY A07070 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to residency requirements for members of municipal departments of sanitation; removes the five years of service residency issue.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-24 - signed chap.220 [A07070 Detail]

Download: New_York-2017-A07070-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7070--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2017
                                       ___________
        Introduced  by  M.  of A. ABBATE, DenDEKKER -- read once and referred to
          the Committee on Governmental Operations -- recommitted to the Commit-
          tee on Governmental Operations in accordance  with  Assembly  Rule  3,
          sec.  2  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the  public  officers  law,  in  relation  to  residency
          requirements for members of municipal departments of sanitation
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2-a of section 3 of the public officers law, as
     2  amended by chapter 200 of the laws  of  2006,  is  amended  to  read  as
     3  follows:
     4    2-a.  Neither  the  provisions  of  this  section, nor of any general,
     5  special or local law, charter,  code,  ordinance,  resolution,  rule  or
     6  regulation,  requiring a person to be a resident of the political subdi-
     7  vision or municipal corporation of the  state  for  which  he  shall  be
     8  chosen  or  within which his official functions are required to be exer-
     9  cised, shall apply to the appointment of a member of the  department  of
    10  sanitation  of  any  municipality  of  the state who resides in a county
    11  within the state contiguous  to  such  municipality.  A  member  of  the
    12  department  of  sanitation  of  any  political  subdivision or municipal
    13  corporation who has five or more years of service or in the  case  of  a
    14  member  of  the  department of sanitation in a city with a population of
    15  one million or more who has two or more years of service  to  such  city
    16  may reside (a) in a county in which such political subdivision or munic-
    17  ipal corporation is located; or (b) in a county within the state contig-
    18  uous  to  the  county  in  which such political subdivision or municipal
    19  corporation is located; or (c) in a county within the  state  contiguous
    20  to  such  political  subdivision  or  municipal corporation; or (d) in a
    21  county within the state which is not more than fifteen miles  from  such
    22  political subdivision or municipal corporation.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10829-06-8

        A. 7070--A                          2
     1    §  2. Subdivision 5 of section 30 of the public officers law, as sepa-
     2  rately amended by chapters 200 and 209 of the laws of 2006,  is  amended
     3  to read as follows:
     4    5. Neither the provisions of this section, nor of any general, special
     5  or  local law, charter, code, ordinance, resolution, rule or regulation,
     6  creating a vacancy in a local  office  of  a  political  subdivision  or
     7  municipal  corporation  if the incumbent thereof ceases to be a resident
     8  of such political subdivision or municipal corporation, shall  apply  in
     9  the  case of a paid member of the uniformed force of a paid fire depart-
    10  ment, who, for purposes of this section shall include  persons  employed
    11  as  fire  alarm  dispatchers,  or  in the case of a person employed in a
    12  department of correction in the correction  service  of  the  classified
    13  civil  service,  or in the case of a member of the department of sanita-
    14  tion of any political subdivision or municipal corporation who has  five
    15  or  more  years  of  service,  or in the case of officers and inspectors
    16  employed in a department of health of a city of over one  million  popu-
    17  lation,  or in the case of a member of the department of sanitation in a
    18  city with a population of one million or more who has two or more  years
    19  of service to such city who resides (a) in the county in which said city
    20  is located; or (b) in a county within the state contiguous to the county
    21  in  which  said  city  is  located;  or (c) in a county within the state
    22  contiguous to such city; or (d) in a county within the  state  which  is
    23  not  more  than  fifteen miles from said city; or (e) in a county within
    24  the state contiguous to a county described in item (d) hereof where  the
    25  former  is  less  than  thirty  miles from such political subdivision or
    26  municipal corporation, measured from their respective  nearest  boundary
    27  lines.
    28    § 3. This act shall take effect immediately.
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