S T A T E O F N E W Y O R K
________________________________________________________________________
5324
2011-2012 Regular Sessions
I N A S S E M B L Y
February 15, 2011
___________
Introduced by M. of A. JEFFRIES, MENG, BOYLAND -- Multi-Sponsored by --
M. of A. PEOPLES-STOKES -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the public officers law, in relation to residency
requirements for firefighters 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 9 of section 3 of the public officers law, as
2 amended by chapter 209 of the laws of 2006, is amended to read as
3 follows:
4 9. Neither the provisions of this section, nor of any general, special
5 or local law, charter, code, ordinance, resolution, rule or regulation,
6 requiring a person to be a resident of the political subdivision or
7 municipal corporation of the state for which he or she shall be chosen
8 or within which his or her official functions are required to be exer-
9 cised, shall apply to the appointment ON OR BEFORE JANUARY FIRST, TWO
10 THOUSAND TWELVE of a paid member of the uniformed force of a paid fire
11 department, who, for purposes of this section shall include persons
12 employed as fire alarm dispatchers, or to the appointment of any person
13 employed in a department of correction in the correction service classi-
14 fication of the classified civil service, or to the appointment of offi-
15 cers and inspectors who are employees of a department of health of any
16 city of over one million population who resides (a) in the county in
17 which such city is located; or (b) in a county within the state contig-
18 uous to the county in which said city is located; or (c) in a county
19 within the state contiguous to such city; or (d) in a county within the
20 state which is not more than fifteen miles from said city.
21 S 2. Subdivision 19 of section 3 of the public officers law, as added
22 by chapter 509 of the laws of 1986, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08899-01-1
A. 5324 2
1 19. Any person who resides in this state and who is currently employed
2 as a member of the police force, a paid member of the uniformed force of
3 a paid fire department EMPLOYED ON OR BEFORE JANUARY FIRST, TWO THOUSAND
4 TWELVE or department of corrections in the correctional service classi-
5 fication of the classified civil service, of a city of over one million
6 population, shall be exempt from the provisions of subdivisions one, two
7 and nine of this section upon compliance with the procedure set forth in
8 this subdivision. Any person seeking to benefit from the exemption
9 created by this subdivision shall notify his respective employer in
10 writing of said intention within thirty days from the effective date of
11 this subdivision and shall specify his then current residence address.
12 The exemption created by this subdivision shall be applicable only to
13 said actual designated residence and not to any residence that any
14 subject currently employed member may thereafter establish; provided,
15 however, that any such currently employed member who resides outside
16 this state shall have one year from the effective date of this subdivi-
17 sion within which to establish residence as required pursuant to subdi-
18 visions one, two and nine of this section and comply with the notice
19 requirements of this subdivision. Said residence shall constitute a
20 lawful residence for all purposes notwithstanding any provision to the
21 contrary of any general, special or local law, charter, code, ordinance,
22 resolution, rule or regulation. SUCH EXEMPTION SHALL NOT APPLY TO PAID
23 MEMBERS OF THE UNIFORMED FORCE OF A PAID FIRE DEPARTMENT IN A CITY WITH
24 A POPULATION OF ONE MILLION OR MORE AFTER JANUARY FIRST, TWO THOUSAND
25 TWELVE. BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN NO PERSON SHALL BE
26 APPOINTED A PAID MEMBER OF THE UNIFORMED FORCE OF A PAID FIRE DEPARTMENT
27 IN A CITY WITH A POPULATION OF ONE MILLION OR MORE THAT DOES NOT RESIDE
28 IN THE POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE FOR
29 WHICH HE OR SHE SHALL BE CHOSEN FOR ONE YEAR PRIOR TO BEING APPOINTED
30 AND CONTINUES TO RESIDE THEREIN.
31 S 3. Subdivision 5 of section 30 of the public officers law, as sepa-
32 rately amended by chapters 200 and 209 of the laws of 2006, is amended
33 to read as follows:
34 5. Neither the provisions of this section, nor of any general, special
35 or local law, charter, code, ordinance, resolution, rule or regulation,
36 creating a vacancy in a local office of a political subdivision or
37 municipal corporation if the incumbent thereof ceases to be a resident
38 of such political subdivision or municipal corporation, shall apply in
39 the case [of a paid member of the uniformed force of a paid fire depart-
40 ment, who, for purposes of this section shall include persons employed
41 as fire alarm dispatchers, or in the case] of a person employed in a
42 department of correction in the correction service of the classified
43 civil service, or in the case of a member of the department of sanita-
44 tion of any political subdivision or municipal corporation who has five
45 or more years of service, or in the case of officers and inspectors
46 employed in a department of health of a city of over one million popu-
47 lation who resides (a) in the county in which said city is located; or
48 (b) in a county within the state contiguous to the county in which said
49 city is located; or (c) in a county within the state contiguous to such
50 city; or (d) in a county within the state which is not more than fifteen
51 miles from said city; or (e) in a county within the state contiguous to
52 a county described in item (d) hereof where the former is less than
53 thirty miles from such political subdivision or municipal corporation,
54 measured from their respective nearest boundary lines.
55 S 4. This act shall take effect January 1, 2012.