Bill Text: NY S05438 | 2017-2018 | General Assembly | Amended

---

Bill Title: Relates to residency requirements for members of municipal departments of sanitation; removes the five years of service residency issue.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-06-19 - SUBSTITUTED BY A7070A [S05438 Detail]

Download: New_York-2017-S05438-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         5438--A
            Cal. No. 613
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 28, 2017
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- recommitted to the Committee on Investigations  and
          Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
        AN ACT to amend the  public  officers  law,  in  relation  to  residency
          requirements for members of municipal departments of sanitation
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2-a of section 3 of the public officers law, as
     2  amended by chapter 200 of the laws  of  2006,  is  amended  to  read  as
     3  follows:
     4    2-a.  Neither  the  provisions  of  this  section, nor of any general,
     5  special or local law, charter,  code,  ordinance,  resolution,  rule  or
     6  regulation,  requiring a person to be a resident of the political subdi-
     7  vision or municipal corporation of the  state  for  which  he  shall  be
     8  chosen  or  within which his official functions are required to be exer-
     9  cised, shall apply to the appointment of a member of the  department  of
    10  sanitation  of  any  municipality  of  the state who resides in a county
    11  within the state contiguous  to  such  municipality.  A  member  of  the
    12  department  of  sanitation  of  any  political  subdivision or municipal
    13  corporation who has five or more years of service or in the  case  of  a
    14  member  of  the  department of sanitation in a city with a population of
    15  one million or more who has two or more years of service  to  such  city
    16  may reside (a) in a county in which such political subdivision or munic-
    17  ipal corporation is located; or (b) in a county within the state contig-
    18  uous  to  the  county  in  which such political subdivision or municipal
    19  corporation is located; or (c) in a county within the  state  contiguous
    20  to  such  political  subdivision  or  municipal corporation; or (d) in a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10829-07-8
        S. 5438--A                          2
     1  county within the state which is not more than fifteen miles  from  such
     2  political subdivision or municipal corporation.
     3    §  2. Subdivision 5 of section 30 of the public officers law, as sepa-
     4  rately amended by chapters 200 and 209 of the laws of 2006,  is  amended
     5  to read as follows:
     6    5. Neither the provisions of this section, nor of any general, special
     7  or  local law, charter, code, ordinance, resolution, rule or regulation,
     8  creating a vacancy in a local  office  of  a  political  subdivision  or
     9  municipal  corporation  if the incumbent thereof ceases to be a resident
    10  of such political subdivision or municipal corporation, shall  apply  in
    11  the  case of a paid member of the uniformed force of a paid fire depart-
    12  ment, who, for purposes of this section shall include  persons  employed
    13  as  fire  alarm  dispatchers,  or  in the case of a person employed in a
    14  department of correction in the correction  service  of  the  classified
    15  civil  service,  or in the case of a member of the department of sanita-
    16  tion of any political subdivision or municipal corporation who has  five
    17  or  more  years  of  service,  or in the case of officers and inspectors
    18  employed in a department of health of a city of over one  million  popu-
    19  lation,  or in the case of a member of the department of sanitation in a
    20  city with a population of one million or more who has two or more  years
    21  of service to such city who resides (a) in the county in which said city
    22  is located; or (b) in a county within the state contiguous to the county
    23  in  which  said  city  is  located;  or (c) in a county within the state
    24  contiguous to such city; or (d) in a county within the  state  which  is
    25  not  more  than  fifteen miles from said city; or (e) in a county within
    26  the state contiguous to a county described in item (d) hereof where  the
    27  former  is  less  than  thirty  miles from such political subdivision or
    28  municipal corporation, measured from their respective  nearest  boundary
    29  lines.
    30    § 3. This act shall take effect immediately.