Bill Text: NY S08434 | 2023-2024 | General Assembly | Introduced
Bill Title: Removes the residency requirement for all public office positions employed by a county; provides that counties shall have the authority to determine residency requirements for each county job on a county by county basis.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-29 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08434 Detail]
Download: New_York-2023-S08434-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8434 IN SENATE January 29, 2024 ___________ Introduced by Sen. BORRELLO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public officers law, in relation to the residency requirement for public office in counties in the state; and providing for the repeal of certain provisions of the public officers law relat- ing thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 3 of the public officers 2 law, subdivision 1 as amended by chapter 251 of the laws of 2014 and 3 subdivision 2 as amended by chapter 1004 of the laws of 1966, are 4 amended and a new subdivision 1-b is added to read as follows: 5 1. No person shall be capable of holding a civil office who shall not, 6 at the time he or she shall be chosen thereto, have attained the age of 7 eighteen years, except that in the case of youth boards, youth commis- 8 sions, recreation commissions, or community boards in the city of New 9 York only, members of such boards or commissions may be under the age of 10 eighteen years, but must have attained the age of sixteen years on or 11 before appointment to such youth board, youth commission, recreation 12 commission, or community board in the city of New York, be a citizen of 13 the United States, a resident of the state, and if it be a local office 14 other than a public office position employed by a county, a resident of 15 the political subdivision or municipal corporation of the state for 16 which he or she shall be chosen, or within which the electors electing 17 him or her reside, or within which his or her official functions are 18 required to be exercised, or who shall have been or shall be convicted 19 of a violation of the selective draft act of the United States, enacted 20 May eighteenth, nineteen hundred seventeen, or the acts amendatory or 21 supplemental thereto, or of the federal selective training and service 22 act of nineteen hundred forty or the acts amendatory thereof or supple- 23 mental thereto. 24 1-b. Neither the provisions of this section or 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. LBD13817-02-4S. 8434 2 1 requiring a person to be a resident of the political subdivision or 2 municipal corporation of the state for which he or she shall be chosen 3 or within which his or her official functions are required to be exer- 4 cised, shall apply to the appointment of a person to any county public 5 office employment position, and each county in the state shall set forth 6 residency requirements for county positions on an individual basis. 7 2. Neither the provisions of this section or of any general, special 8 or local law, charter, code, ordinance, resolution, rule or regulation, 9 requiring a person to be a resident of the political subdivision or 10 municipal corporation of the state for which he shall be chosen or with- 11 in which his official functions are required to be exercised, shall 12 apply to the appointment of a person as a member of the police force of 13 any political subdivision or municipal corporation of the state if such 14 person resides (a) in the county in which such political subdivision or 15 municipal corporation is located; or (b) in a county within the state 16 contiguous to the county in which such political subdivision or munici- 17 pal corporation is located; or (c) in a county within the state contig- 18 uous to such political subdivision or municipal corporation; or (d) in a 19 county within the state contiguous to a county described in item (c) 20 hereof where the former is less than fifteen miles from such political 21 subdivision or municipal corporation, measured from their respective 22 nearest boundary lines; or (e) in a county within the state contiguous 23 to a county described in item (d) hereof where the former is less than 24 thirty miles from such political subdivision or municipal corporation, 25 measured from their respective nearest boundary lines. This subdivision 26 shall not apply to any sheriff's office or other county police force in 27 the state. 28 § 2. Subdivisions 2-b, 28, 35, 38, 38-a, 41, 42, 44, 48, 48, 49, 49, 29 50, 50, 52, 53, 55, 55, 55, 60, 62, 64, 66, 66, 67, 67, 68, 68, 68, 68, 30 68, 68, 69, 70, 72, 72, 72, 72, 73, 73, 73, 73, and 73 of section 3 of 31 the public officers law, subdivision 2-b as added by chapter 1003 of the 32 laws of 1965, subdivision 41 as added by chapter 174 of the laws of 33 1998, subdivision 42 as added by chapter 174 of the laws of 1998, subdi- 34 vision 44 as added by chapter 457 of the laws of 2000, subdivision 48 as 35 added by chapter 517 of the laws of 2002, subdivision 48 as added by 36 chapter 518 of the laws of 2002, subdivision 49 as added by chapter 129 37 of the laws of 2003, subdivision 49 as added by chapter 313 of the laws 38 of 2003, subdivision 50 as added by chapter 551 of the laws of 2004, 39 subdivision 50 as added by chapter 665 of the laws of 2004, subdivision 40 53 as added by chapter 663 of the laws of 2006, subdivision 55 as added 41 by chapter 250 of the laws of 2008, subdivision 55 as added by chapter 42 265 of the laws of 2008, subdivision 55 as added by chapter 281 of the 43 laws of 2008, subdivision 60 as added by chapter 255 of the laws of 44 2013, subdivision 62 as added by chapter 225 of the laws of 2014, subdi- 45 vision 64 as added by chapter 139 of the laws of 2015, subdivision 66 as 46 added by chapter 113 of the laws of 2017, subdivision 66 as added by 47 chapter 130 of the laws of 2017, subdivision 67 as added by chapter 185 48 of the laws of 2018, subdivision 67 as added by chapter 340 of the laws 49 of 2018, subdivision 68 as added by chapter 292 of the laws of 2019, 50 subdivision 68 as added by chapter 333 of the laws of 2019, subdivision 51 68 as added by chapter 349 of the laws of 2019, subdivision 68 as added 52 by chapter 396 of the laws of 2019, subdivision 68 as added by chapter 53 464 of the laws of 2019, subdivision 68 as added by chapter 645 of the 54 laws of 2019, subdivision 70 as added by chapter 176 of the laws of 55 2020, subdivision 72 as added by chapter 271 of the laws of 2022, subdi- 56 vision 72 as added by chapter 275 of the laws of 2022, subdivision 72 asS. 8434 3 1 added by chapter 334 of the laws of 2022, subdivision 72 as added by 2 chapter 458 of the laws of 2022, subdivision 73 as added by chapter 385 3 of the laws of 2023, subdivision 73 as added by chapter 392 of the laws 4 of 2023, subdivision 73 as added by chapter 399 of the laws of 2023, 5 subdivision 73 as added by chapter 405 of the laws of 2023, and subdivi- 6 sion 73, as added by chapter 407 of the laws of 2023, are REPEALED. 7 § 3. This act shall take effect immediately.
