Bill Text: NY A11102 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to residency requirements for police officers in cities with a population of one million or more.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-11-06 - referred to governmental operations [A11102 Detail]

Download: New_York-2019-A11102-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          11102

                   IN ASSEMBLY

                                    November 6, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Glick,
          Barron, Bichotte, Dickens, Mosley, Simon, Epstein) --  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 cities 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 the provisions of this section or 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 of a person as a member of the
    10  police force of any political subdivision or  municipal  corporation  of
    11  the  state  if such person resides (a) in the county in which such poli-
    12  tical subdivision or municipal corporation is located; or (b) in a coun-
    13  ty within the state contiguous to the county  in  which  such  political
    14  subdivision  or  municipal  corporation  is  located; or (c) in a county
    15  within the state contiguous to such political subdivision  or  municipal
    16  corporation;  or (d) in a county within the state contiguous to a county
    17  described in item (c) hereof where the former is less than fifteen miles
    18  from such political subdivision or municipal corporation, measured  from
    19  their  respective  nearest boundary lines; or (e) in a county within the
    20  state contiguous to a county described in  item  (d)  hereof  where  the
    21  former  is  less  than  thirty  miles from such political subdivision or
    22  municipal corporation, measured from their respective  nearest  boundary
    23  lines.    Provided,  however,  such  exemption  shall  not apply to paid
    24  members of a police force in a city with a population of one million  or
    25  more.  Beginning January first, two thousand twenty-one, no person shall
    26  be  appointed  a  paid member of any police force in a city with a popu-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17323-01-0

        A. 11102                            2

     1  lation of one million or more that does  not  reside  in  the  political
     2  subdivision  or  municipal  corporation of the state for which he or she
     3  shall be chosen for one year prior to being appointed and  continues  to
     4  reside therein.
     5    §  2. Subdivision 19 of section 3 of the public officers law, as added
     6  by chapter 509 of the laws of 1986, is amended to read as follows:
     7    19. Any person who resides in this state and who is currently employed
     8  as a member of the police force, a paid member of the uniformed force of
     9  a paid fire department or department of corrections in the  correctional
    10  service  classification  of  the  classified civil service, of a city of
    11  over one million population, shall be  exempt  from  the  provisions  of
    12  subdivisions  one, two and nine of this section upon compliance with the
    13  procedure set forth in this subdivision. Any person seeking  to  benefit
    14  from  the  exemption created by this subdivision shall notify his or her
    15  respective employer in writing of said intention within thirty days from
    16  the effective date of this subdivision and shall specify his or her then
    17  current residence address. The exemption  created  by  this  subdivision
    18  shall  be applicable only to said actual designated residence and not to
    19  any residence that any subject currently employed member may  thereafter
    20  establish;  provided,  however,  that any such currently employed member
    21  who resides outside this state shall have one year  from  the  effective
    22  date of this subdivision within which to establish residence as required
    23  pursuant  to  subdivisions  one, two and nine of this section and comply
    24  with the notice requirements of this subdivision. Said  residence  shall
    25  constitute  a  lawful  residence  for  all  purposes notwithstanding any
    26  provision to the contrary of any general, special or local law, charter,
    27  code, ordinance, resolution, rule or regulation.   Such exemption  shall
    28  not  apply  to  paid  members of the police force in a city with a popu-
    29  lation of one million or more. Beginning  January  first,  two  thousand
    30  twenty-one,  no  person  shall  be appointed a paid member of the police
    31  force in a city with a population of one million or more that  does  not
    32  reside  in  the  political  subdivision  or municipal corporation of the
    33  state for which he or she shall be chosen for one year  prior  to  being
    34  appointed and continues to reside therein.
    35    § 3. This act shall take effect immediately.
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