Bill Text: NY S05661 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to residency requirements for paid firefighters in a city with a population of one million or more; requires any person appointed as a paid member of the uniformed force of a paid fire department of a city with a population of one million or more to become a resident of any political subdivision or municipal corporation within such city within one year of his or her appointment and to continue to reside within any such political subdivision or municipal corporation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05661 Detail]
Download: New_York-2021-S05661-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5661 2021-2022 Regular Sessions IN SENATE March 15, 2021 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public officers law, in relation to residency requirements for paid 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 4 of section 3 of the public officers law, as 2 amended by chapter 985 of the laws of 1965, is amended to read as 3 follows: 4 4. Except as otherwise provided in subdivision nine of this section, 5 persons heretofore or hereafter employed in the paid fire department of 6 a city, town, village or fire district shall not be deemed to be holding 7 a civil office or a local office within the meaning of this section and 8 the provisions of this section shall not apply to such persons. [The] 9 Except within a city with a population of one million or more, 10 provisions of any general, special or local law, city or village char- 11 ter, code or ordinance, or any rule or regulation requiring a person to 12 be a resident of the political subdivision or municipal corporation of 13 the state for which he shall be chosen or within which his official 14 functions are required to be exercised shall not apply to the appoint- 15 ment or continuance in office of any such person so employed, if such 16 person resides in the county, or one of the counties, in which such 17 political subdivision or municipal corporation is located. 18 § 2. Subdivision 9 of section 3 of the public officers law, as amended 19 by chapter 209 of the laws of 2006, is amended to read as follows: 20 9. Neither the provisions of this section, nor of any general, special 21 or local law, charter, code, ordinance, resolution, rule or regulation, 22 requiring a person to be a resident of the political subdivision or 23 municipal corporation of the state for which he or she shall be chosen EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03563-01-1S. 5661 2 1 or within which his or her official functions are required to be exer- 2 cised, shall apply to the appointment of a paid member of the uniformed 3 force of a paid fire department outside of a city with a population of 4 one million or more, who, for purposes of this section shall include 5 persons employed as fire alarm dispatchers, or to the appointment of any 6 person employed in a department of correction in the correction service 7 classification of the classified civil service, or to the appointment of 8 officers and inspectors who are employees of a department of health of 9 any city of over one million population who resides (a) in the county in 10 which such city is located; or (b) in a county within the state contig- 11 uous to the county in which said city is located; or (c) in a county 12 within the state contiguous to such city; or (d) in a county within the 13 state which is not more than fifteen miles from said city. 14 § 3. Subdivision 19 of section 3 of the public officers law, as added 15 by chapter 509 of the laws of 1986, is amended to read as follows: 16 19. Any person who resides in this state and who is currently employed 17 as a member of the police force[, a paid member of the uniformed force18of a paid fire department] or department of corrections in the correc- 19 tional service classification of the classified civil service, of a city 20 of over one million population, shall be exempt from the provisions of 21 subdivisions one, two and nine of this section upon compliance with the 22 procedure set forth in this subdivision. Any person seeking to benefit 23 from the exemption created by this subdivision shall notify his respec- 24 tive employer in writing of said intention within thirty days from the 25 effective date of this subdivision and shall specify his then current 26 residence address. The exemption created by this subdivision shall be 27 applicable only to said actual designated residence and not to any resi- 28 dence that any subject currently employed member may thereafter estab- 29 lish; provided, however, that any such currently employed member who 30 resides outside this state shall have one year from the effective date 31 of this subdivision within which to establish residence as required 32 pursuant to subdivisions one, two and nine of this section and comply 33 with the notice requirements of this subdivision. Said residence shall 34 constitute a lawful residence for all purposes notwithstanding any 35 provision to the contrary of any general, special or local law, charter, 36 code, ordinance, resolution, rule or regulation. 37 § 4. Section 3 of the public officers law is amended by adding a new 38 subdivision 19-a to read as follows: 39 19-a. In a city with a population of one million or more, any person 40 appointed as a paid member of the uniformed force of a paid fire depart- 41 ment of such city shall become a resident of any political subdivision 42 or municipal corporation within such city within one year of his or her 43 appointment and shall continue to reside within any such political 44 subdivision or municipal corporation. No person appointed as a paid 45 member of the uniformed force of a paid fire department of such city may 46 continue such employment unless he or she complies with the provisions 47 of this subdivision. 48 § 5. Subdivision 5-a of section 30 of the public officers law, as 49 added by chapter 509 of the laws of 1986, is amended to read as follows: 50 5-a. Any person who resides in this state and who is currently 51 employed as a member of the police force[, a paid member of the52uniformed force of a paid fire department,] or department of corrections 53 in the correctional service classification of the classified civil 54 service, of a city of over one million population, shall be exempt from 55 the provisions of paragraph (d) of subdivision one and subdivisions four 56 and five of this section upon compliance with the procedure set forth inS. 5661 3 1 this subdivision. Any person seeking to benefit from the exemption 2 created by this subdivision shall notify his respective employer in 3 writing of said intention within thirty days from the effective date of 4 this subdivision and shall specify his then current residence address. 5 The exemption created by this subdivision shall be applicable only to 6 said actual designated residence and not to any residence that any 7 subject currently employed member may thereafter establish; provided, 8 however, that any such currently employed member who resides outside 9 this state shall have one year from the effective date of this subdivi- 10 sion within which to establish residence as required pursuant to para- 11 graph (d) of subdivision one, and subdivisions four and five of this 12 section and comply with the notice requirements of this subdivision. 13 Said residence shall constitute a lawful residence for all purposes 14 notwithstanding any provision to the contrary of any general, special or 15 local law, charter, code, ordinance, resolution, rule or regulation. 16 § 6. This act shall take effect immediately.
