Bill Text: NY S08596 | 2019-2020 | General Assembly | Amended


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 5-0)

Status: (Introduced - Dead) 2020-08-11 - PRINT NUMBER 8596B [S08596 Detail]

Download: New_York-2019-S08596-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8596--B

                    IN SENATE

                                      June 17, 2020
                                       ___________

        Introduced  by  Sens.  PARKER, COMRIE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to  said  committee  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        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  official functions are required to be exercised,
    10  shall apply to the appointment of a person as a  member  of  the  police
    11  force of any political subdivision or municipal corporation of the state
    12  if  such person resides (a) in the county in which such political subdi-
    13  vision or municipal corporation is located; or (b) in  a  county  within
    14  the  state  contiguous to the county in which such political subdivision
    15  or municipal corporation is located; or (c) in a county within the state
    16  contiguous to such political subdivision or  municipal  corporation;  or
    17  (d)  in  a  county  within the state contiguous to a county described in
    18  item (c) hereof where the former is less than fifteen  miles  from  such
    19  political  subdivision  or  municipal  corporation,  measured from their
    20  respective nearest boundary lines; or (e) in a county within  the  state
    21  contiguous  to a county described in item (d) hereof where the former is
    22  less than thirty miles from  such  political  subdivision  or  municipal
    23  corporation, measured from their respective nearest boundary lines.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16738-07-0

        S. 8596--B                          2

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