Bill Text: NY A02913 | 2023-2024 | 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 9-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A02913 Detail]

Download: New_York-2023-A02913-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2913

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2023
                                       ___________

        Introduced  by  M.  of  A.  CRUZ,  JACKSON,  SIMON,  ZINERMAN,  EPSTEIN,
          SEAWRIGHT, TAPIA, ANDERSON, BURGOS -- 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 or her official functions are required to be exer-
    10  cised, shall apply to the appointment of a person as  a  member  of  the
    11  police  force  of  any political subdivision or municipal corporation of
    12  the state if such person resides (a) in the county in which  such  poli-
    13  tical subdivision or municipal corporation is located; or (b) in a coun-
    14  ty  within  the  state  contiguous to the county in which such political
    15  subdivision or municipal corporation is located;  or  (c)  in  a  county
    16  within  the  state contiguous to such political subdivision or municipal
    17  corporation; or (d) in a county within the state contiguous to a  county
    18  described in item (c) hereof where the former is less than fifteen miles
    19  from  such political subdivision or municipal corporation, measured from
    20  their respective nearest boundary lines; or (e) in a county  within  the
    21  state  contiguous  to  a  county  described in item (d) hereof where the
    22  former is less than thirty miles  from  such  political  subdivision  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01971-01-3

        A. 2913                             2

     1  municipal  corporation,  measured from their respective nearest boundary
     2  lines.
     3    §  2. Subdivision 19 of section 3 of the public officers law, as added
     4  by chapter 509 of the laws of 1986, is amended to read as follows:
     5    19. Any person who resides in this state and who is currently employed
     6  as [a member of the police force,] a paid member of the uniformed  force
     7  of  a  paid  fire department or department of corrections in the correc-
     8  tional service classification of the classified civil service, of a city
     9  of over one million population, shall be exempt from the  provisions  of
    10  subdivisions  one, two and nine of this section upon compliance with the
    11  procedure set forth in this subdivision. Any person seeking  to  benefit
    12  from  the exemption created by this subdivision shall notify his respec-
    13  tive employer in writing of said intention within thirty days  from  the
    14  effective  date  of  this  subdivision and shall specify his or her then
    15  current residence address. The exemption  created  by  this  subdivision
    16  shall  be applicable only to said actual designated residence and not to
    17  any residence that any subject currently employed member may  thereafter
    18  establish;  provided,  however,  that any such currently employed member
    19  who resides outside this state shall have one year  from  the  effective
    20  date of this subdivision within which to establish residence as required
    21  pursuant  to  subdivisions  one, two and nine of this section and comply
    22  with the notice requirements of this subdivision. Said  residence  shall
    23  constitute  a  lawful  residence  for  all  purposes notwithstanding any
    24  provision to the contrary of any general, special or local law, charter,
    25  code, ordinance, resolution, rule or regulation.
    26    § 3. Section 3 of the public officers law is amended by adding  a  new
    27  subdivision 19-a to read as follows:
    28    19-a.  In  a city with a population of one million or more, any person
    29  appointed as a paid member of the police force of such city shall become
    30  a resident of any political subdivision or municipal corporation  within
    31  such  city  within one year of his or her appointment and shall continue
    32  to reside within any such  political  subdivision  or  municipal  corpo-
    33  ration.    No person appointed as a paid member of such police force may
    34  continue such employment unless he or she complies with  the  provisions
    35  of this subdivision.
    36    § 4. Paragraph 1 of subdivision 4 of section 30 of the public officers
    37  law,  as  amended by chapter 173 of the laws of 1962, is amended to read
    38  as follows:
    39    (1) If such person was appointed as a  member  of  such  police  force
    40  prior  to  [July  first,  nineteen hundred sixty-one] January first, two
    41  thousand twenty-four, shall reside in any such county on such  date  and
    42  shall continue to reside in any such county after such date, or
    43    § 5. This act shall take effect immediately.
feedback