NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6116B
SPONSOR: Englebright TITLE OF BILL: An act to amend the public officers law, in relation
to residency requirements for certain positions
SUMMARY OF PROVISIONS:
Section one amends section 3-b of the public officers law by adding a
new subdivision 6, providing that persons employed or appointed as an
auxiliary police officer or a special deputy sheriff need to be a resi-
dent of the county in which such political subdivision is located or
adjacent county.
JUSTIFICATION:
This legislation would provide more flexibility for local governments in
the employment or appointment of certain peace officers, specifically
auxiliary police officers and special deputy sheriffs. Under current
law, certain local governments are required to have auxiliary police or
special deputy sheriffs to perform emergency civil defense functions.
Auxiliary police are volunteers. Because of the difficult economic
times across our state, many local governments are experiencing diffi-
culty in recruiting and retaining auxiliary police and special deputy
sheriffs. Allowing local governments to accept these officers from an
adjacent county will help resolve this problem.
LEGISLATIVE HISTORY:
2011-12 A10626 Gov Ops
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6116--B
2013-2014 Regular Sessions
IN ASSEMBLY
March 15, 2013
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported and referred to the Committee on Rules -- Rules
Committee discharged, bill amended, ordered reprinted as amended and
recommitted to the Committee on Rules
AN ACT to amend the public officers law, in relation to residency
requirements for certain positions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3-b of the public officers law is amended by adding
2 a new subdivision 6 to read as follows:
3 6. Neither the provisions of this section or of any general, special
4 or local law, charter, code, ordinance, resolution, rule or regulation,
5 requiring a person to be a resident of the political subdivision or
6 municipal corporation of the state by which he or she is employed or
7 appointed, shall apply to a person employed or appointed by a political
8 subdivision or municipal corporation of the state as an auxiliary police
9 officer or special deputy sheriff, provided that such auxiliary police
10 officer or special deputy sheriff is trained and registered pursuant to
11 the provisions of section eight hundred forty-five of the executive law;
12 and provided, further, that such auxiliary police officer or special
13 deputy sheriff resides in the county in which such political subdivision
14 is located or an adjoining county within the state. The provisions of
15 this subdivision shall not apply to a city having a population of one
16 million or more.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02283-04-3
