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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7070
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2017
                                       ___________
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Operations
        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] two or more years of service may reside (a)
    14  in a county in which such political subdivision or municipal corporation
    15  is located; or (b) in a county within the state contiguous to the county
    16  in which such political subdivision or municipal corporation is located;
    17  or (c) in a county within the state contiguous to such political  subdi-
    18  vision  or  municipal  corporation;  or (d) in a county within the state
    19  which is not more than fifteen miles from such political subdivision  or
    20  municipal corporation.
    21    §  2. Subdivision 5 of section 30 of the public officers law, as sepa-
    22  rately amended by chapters 200 and 209 of the laws of 2006,  is  amended
    23  to read as follows:
    24    5. Neither the provisions of this section, nor of any general, special
    25  or  local law, charter, code, ordinance, resolution, rule or regulation,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10829-01-7
        A. 7070                             2
     1  creating a vacancy in a local  office  of  a  political  subdivision  or
     2  municipal  corporation  if the incumbent thereof ceases to be a resident
     3  of such political subdivision or municipal corporation, shall  apply  in
     4  the  case of a paid member of the uniformed force of a paid fire depart-
     5  ment, who, for purposes of this section shall include  persons  employed
     6  as  fire  alarm  dispatchers,  or  in the case of a person employed in a
     7  department of correction in the correction  service  of  the  classified
     8  civil  service,  or in the case of a member of the department of sanita-
     9  tion of any political  subdivision  or  municipal  corporation  who  has
    10  [five]  two  or  more  years  of service, or in the case of officers and
    11  inspectors employed in a department of health of  a  city  of  over  one
    12  million  population  who resides (a) in the county in which said city is
    13  located; or (b) in a county within the state contiguous to the county in
    14  which said city is located; or (c) in a county within the state  contig-
    15  uous to such city; or (d) in a county within the state which is not more
    16  than  fifteen  miles from said city; or (e) in a county within the state
    17  contiguous to a county described in item (d) hereof where the former  is
    18  less  than  thirty  miles  from  such political subdivision or municipal
    19  corporation, measured from their respective nearest boundary lines.
    20    § 3. This act shall take effect immediately.