Bill Text: NY A00620 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the enactment of local laws requiring residency in cities with a population of one million or more for members of the police force, the department of sanitation, probation officers, members of the uniformed force of the fire department, employees of the department of correction in the correctional service classification of the classified civil service, and officers and inspectors of the department of health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A00620 Detail]
Download: New_York-2011-A00620-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 620 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public officers law and the executive law, in relation to authorizing the local enactment of a residency requirement for members of the police force, the department of sanitation, probation officers, members of the uniformed force of the fire depart- ment, employees of the department of correction in the correctional service classification of the classified civil service, and officers and inspectors of the department of health in cities with a population of one million or more and authorizing the adoption of a residency requirement for members of a police force of a public authority or municipal housing authority within 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. Section 3 of the public officers law is amended by adding 2 two new subdivisions 58 and 59 to read as follows: 3 58. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, TWO-A, FOUR, 4 EIGHT AND NINE OF THIS SECTION, A CITY WITH A POPULATION OF ONE MILLION 5 OR MORE SHALL HAVE THE AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO THE 6 EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING PERSONS, WHO WOULD OTHER- 7 WISE BE EXEMPT FROM MUNICIPAL RESIDENCY REQUIREMENTS BY STATE LAW, TO BE 8 A RESIDENT OF SUCH A CITY; PROVIDED HOWEVER, THAT NOTHING HEREIN SHALL 9 AUTHORIZE SUCH LOCAL LAW TO AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE 10 PRIOR TO THIRTY DAYS SUBSEQUENT TO THE DATE OF ENACTMENT OF THE LOCAL 11 LAW. 12 59. NOTWITHSTANDING ANY OTHER PROVISIONS OF ANY LAW OR REGULATION 13 RELATING TO THE RESIDENCY OF POLICE OFFICERS OF A PUBLIC AUTHORITY OR 14 MUNICIPAL HOUSING AUTHORITY OPERATING A POLICE FORCE WITHIN A CITY WITH 15 A POPULATION OF ONE MILLION OR MORE, AND NOTWITHSTANDING THE PROVISIONS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03608-01-1 A. 620 2 1 OF ANY LAW RELATING TO THE POWER OF A PUBLIC AUTHORITY OR MUNICIPAL 2 HOUSING AUTHORITY IN A CITY WITH A POPULATION OF ONE MILLION OR MORE TO 3 ESTABLISH RESIDENCY REQUIREMENTS FOR MEMBERS OF ITS POLICE FORCE, SUCH 4 AUTHORITIES SHALL HAVE THE POWER TO ADOPT A RESOLUTION SUBSEQUENT TO THE 5 EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING MEMBERS OF THE POLICE FORCE 6 OF SUCH PUBLIC AUTHORITY OR MUNICIPAL HOUSING AUTHORITY TO BE RESIDENTS 7 OF SUCH CITY; PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE 8 SUCH PUBLIC AUTHORITY OR MUNICIPAL HOUSING AUTHORITY TO ADOPT SUCH 9 RESOLUTION AFFECTING PERSONS WHO ENTERED POLICE SERVICE PRIOR TO THIRTY 10 DAYS SUBSEQUENT TO THE DATE OF ADOPTION OF THE RESOLUTION. 11 S 2. Section 30 of the public officers law is amended by adding two 12 new subdivisions 9 and 10 to read as follows: 13 9. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS FOUR, FOUR-A, FOUR-B 14 AND FIVE OF THIS SECTION, A CITY WITH A POPULATION OF ONE MILLION OR 15 MORE SHALL HAVE THE AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO THE 16 EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING PERSONS, WHO WOULD OTHER- 17 WISE BE EXEMPT FROM MUNICIPAL RESIDENCY REQUIREMENTS BY STATE LAW, TO 18 VACATE HIS OR HER OFFICE UPON CEASING TO BE A RESIDENT OF SUCH A CITY; 19 PROVIDED HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE SUCH LOCAL LAW TO 20 AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE PRIOR TO THIRTY DAYS SUBSE- 21 QUENT TO THE DATE OF ENACTMENT OF THE LOCAL LAW. 22 10. NOTWITHSTANDING ANY OTHER PROVISIONS OF ANY LAW OR REGULATION 23 RELATING TO THE RESIDENCY OF POLICE OFFICERS OF A PUBLIC AUTHORITY OR 24 MUNICIPAL HOUSING AUTHORITY OPERATING A POLICE FORCE WITHIN A CITY WITH 25 A POPULATION OF ONE MILLION OR MORE, AND NOTWITHSTANDING THE PROVISIONS 26 OF ANY LAW RELATING TO THE POWER OF A PUBLIC AUTHORITY OR MUNICIPAL 27 HOUSING AUTHORITY IN A CITY WITH A POPULATION OF ONE MILLION OR MORE TO 28 ESTABLISH RESIDENCY REQUIREMENTS FOR MEMBERS OF ITS POLICE FORCE, SUCH 29 AUTHORITIES SHALL HAVE THE POWER TO ADOPT A RESOLUTION SUBSEQUENT TO THE 30 EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING MEMBERS OF THE POLICE FORCE 31 OF SUCH PUBLIC AUTHORITY OR MUNICIPAL HOUSING AUTHORITY TO VACATE THEIR 32 OFFICES UPON CEASING TO BE RESIDENTS OF SUCH CITY; PROVIDED, HOWEVER, 33 THAT NOTHING HEREIN SHALL AUTHORIZE SUCH PUBLIC AUTHORITY OR MUNICIPAL 34 HOUSING AUTHORITY TO ADOPT SUCH RESOLUTION AFFECTING PERSONS WHO ENTERED 35 POLICE SERVICE PRIOR TO THIRTY DAYS SUBSEQUENT TO THE DATE OF ADOPTION 36 OF THE RESOLUTION. 37 S 3. Subdivision 5 of section 255 of the executive law, as added by 38 chapter 603 of the laws of 1973, is amended to read as follows: 39 5. Notwithstanding any other provision of law or of the New York city 40 charter or administrative code, any duly appointed officer or employee 41 of such probation department may reside in any county within the state; 42 PROVIDED HOWEVER, THAT A CITY WITH A POPULATION OF ONE MILLION OR MORE 43 SHALL HAVE THE AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO THE EFFEC- 44 TIVE DATE OF THE AMENDMENT OF THIS SUBDIVISION WHICH ADDED THESE WORDS, 45 REQUIRING OFFICERS AND EMPLOYEES OF THE DEPARTMENT TO BE A RESIDENT OF 46 SUCH A CITY; PROVIDED HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE SUCH 47 LOCAL LAW TO AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE PRIOR TO THIR- 48 TY DAYS SUBSEQUENT TO THE DATE OF ENACTMENT OF THE LOCAL LAW. 49 S 4. This act shall take effect immediately.