Bill Text: NY A10910 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to residency requirements for police officers in a city with a population of one million or more; provides that any person appointed as a paid member of the police force of such city shall become a resident of any political subdivision or municipal corporation within such city within one year of his or her appointment and shall continue to reside within any political subdivision or municipal corporation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-08-17 - referred to governmental operations [A10910 Detail]

Download: New_York-2019-A10910-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10910

                   IN ASSEMBLY

                                     August 17, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Cruz) --
          read once and referred to the Committee on Governmental Operations

        AN ACT to amend the  public  officers  law,  in  relation  to  residency
          requirements  for  police  officers in a city with a population of one
          million or more

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 2 of section 3 of the public officers law, as
     2  amended by chapter 1004 of the laws of  1966,  is  amended  to  read  as
     3  follows:
     4    2.  [Neither]  In  a  city  with  a  population less than one million,
     5  neither the provisions of this section or of  any  general,  special  or
     6  local  law,  charter,  code,  ordinance, resolution, rule or regulation,
     7  requiring a person to be a resident  of  the  political  subdivision  or
     8  municipal  corporation  of the state for which he or she shall be chosen
     9  or within which his official functions are  required  to  be  exercised,
    10  shall  apply  to  the  appointment of a person as a member of the police
    11  force of any political subdivision or municipal corporation of the state
    12  if such person resides (a) in the county in which such political  subdi-
    13  vision  or  municipal  corporation is located; or (b) in a county within
    14  the state contiguous to the county in which such  political  subdivision
    15  or municipal corporation is located; or (c) in a county within the state
    16  contiguous  to  such  political subdivision or municipal corporation; or
    17  (d) in a county within the state contiguous to  a  county  described  in
    18  item  (c)  hereof  where the former is less than fifteen miles from such
    19  political subdivision or  municipal  corporation,  measured  from  their
    20  respective  nearest  boundary lines; or (e) in a county within the state
    21  contiguous to a county described in item (d) hereof where the former  is
    22  less  than  thirty  miles  from  such political subdivision or municipal
    23  corporation, measured from their respective nearest boundary lines.
    24    § 2. Subdivision 19 of section 3 of the public officers law, as  added
    25  by chapter 509 of the laws of 1986, is amended to read as follows:
    26    19. Any person who resides in this state and who is currently employed
    27  as  [a member of the police force,] a paid member of the uniformed force

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16738-08-0

        A. 10910                            2

     1  of a paid fire department or department of corrections  in  the  correc-
     2  tional service classification of the classified civil service, of a city
     3  of  over  one million population, shall be exempt from the provisions of
     4  subdivisions  one, two and nine of this section upon compliance with the
     5  procedure set forth in this subdivision. Any person seeking  to  benefit
     6  from  the exemption created by this subdivision shall notify his respec-
     7  tive employer in writing of said intention within thirty days  from  the
     8  effective  date  of  this  subdivision and shall specify his or her then
     9  current residence address. The exemption  created  by  this  subdivision
    10  shall  be applicable only to said actual designated residence and not to
    11  any residence that any subject currently employed member may  thereafter
    12  establish;  provided,  however,  that any such currently employed member
    13  who resides outside this state shall have one year  from  the  effective
    14  date of this subdivision within which to establish residence as required
    15  pursuant  to  subdivisions  one, two and nine of this section and comply
    16  with the notice requirements of this subdivision. Said  residence  shall
    17  constitute  a  lawful  residence  for  all  purposes notwithstanding any
    18  provision to the contrary of any general, special or local law, charter,
    19  code, ordinance, resolution, rule or regulation.
    20    § 3. Section 3 of the public officers law is amended by adding  a  new
    21  subdivision 19-a to read as follows:
    22    19-a.  In  a city with a population of one million or more, any person
    23  appointed as a paid member of the police force of such city shall become
    24  a resident of any political subdivision or municipal corporation  within
    25  such  city  within one year of his or her appointment and shall continue
    26  to reside within any such  political  subdivision  or  municipal  corpo-
    27  ration.    No person appointed as a paid member of such police force may
    28  continue such employment unless he or she complies with  the  provisions
    29  of this subdivision.
    30    § 4. Paragraph 1 of subdivision 4 of section 30 of the public officers
    31  law,  as  amended by chapter 173 of the laws of 1962, is amended to read
    32  as follows:
    33    (1) If such person was appointed as a  member  of  such  police  force
    34  prior  to  [July  first,  nineteen hundred sixty-one] January first, two
    35  thousand twenty-one, shall reside in any such county on  such  date  and
    36  shall continue to reside in any such county after such date, or
    37    § 5. This act shall take effect immediately.
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