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S09020 Summary:

BILL NOS09020A
 
SAME ASNo Same As
 
SPONSORHARCKHAM
 
COSPNSRWEBER
 
MLTSPNSR
 
Amd §§3, 2 & 30, Pub Off L
 
Expands geographical boundaries for residency requirements of correction officers employed by local correction facilities.
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S09020 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9020--A
 
                    IN SENATE
 
                                    January 22, 2026
                                       ___________
 
        Introduced  by  Sens. HARCKHAM, WEBER -- read twice and ordered printed,
          and when printed to be committed to the  Committee  on  Investigations
          and  Government  Operations  --  committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the  public  officers  law,  in  relation  to  expanding
          geographical boundaries for residency requirements of correction offi-
          cers employed by local correction facilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3 of the public officers law is amended by adding a
     2  new subdivision 2-e to read as follows:
     3    2-e. Neither the provisions of  this  section,  nor  of  any  general,
     4  special  or  local  law,  charter,  code, ordinance, resolution, rule or
     5  regulation, requiring a person to be a resident of   the  state  or  the
     6  political  subdivision  or  municipal corporation of the state for which
     7  such person's official functions are required  to  be  exercised,  shall
     8  apply  to the appointment of a person as a uniformed member of a depart-
     9  ment of correction or sheriff's department of any political  subdivision
    10  or  municipal  corporation  of the state if such person resides (a) in a
    11  county in which such political subdivision or municipal  corporation  is
    12  located; or (b) in a county within the state contiguous to the county in
    13  which such political subdivision or municipal corporation is located; or
    14  (c)  in a county within a state contiguous to such political subdivision
    15  or municipal corporation; or (d) in a county within a  state  contiguous
    16  to  a  county  described  in paragraph (c) of this subdivision where the
    17  uniformed member's residence is less than  forty-five  miles  from  such
    18  political  subdivision  or  municipal  corporation,  measured from their
    19  respective nearest boundary lines.
    20    § 2. Section 2 of the public  officers  law  is  amended  to  read  as
    21  follows:
    22    § 2. Definitions. As used in this chapter:
    23    1.  The  term  "state officer" includes every officer for whom all the
    24  electors of the state are entitled to vote, members of the  legislature,
    25  justices  of  the  supreme  court,  regents of the university, and every
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14565-04-6

        S. 9020--A                          2
 
     1  officer, appointed by one or more state officers, or by the legislature,
     2  and authorized to exercise [his] their official functions throughout the
     3  entire state, or without limitation to any political subdivision of  the
     4  state,  except United States senators, members of congress, and electors
     5  for president and vice-president of the United States.
     6    2. The term "local  officer"  includes  every  other  officer  who  is
     7  elected by the electors of a portion only of the state, every officer of
     8  a political subdivision or municipal corporation of the state, and every
     9  officer  limited in the execution of [his] their official functions to a
    10  portion only of the state. The office of a  state  officer  is  a  state
    11  office. The office of a local officer is a local office.
    12    3.  The  term "uniformed member of a department of correction or sher-
    13  iff's department" shall mean all uniformed personnel employed by a sher-
    14  iff's department or local correctional facility as a correction recruit,
    15  correction officer, correction corporal, correction sergeant, correction
    16  lieutenant,   correction   captain,   correction   colonel,   chief   of
    17  corrections, assistant warden or warden.
    18    §  3. Section 30 of the public officers law is amended by adding a new
    19  subdivision 9 to read as follows:
    20    9. Neither the provisions of this section, nor any general, special or
    21  local law, charter, code, ordinance,  resolution,  rule  or  regulation,
    22  creating  a  vacancy  in  a  local  office of a political subdivision or
    23  municipal corporation of the state if the incumbent thereof ceases to be
    24  a resident of the state, such political subdivision or municipal  corpo-
    25  ration,  shall  apply  in  the  case of a person employed as a uniformed
    26  member of a department of correction or  sheriff's  department  provided
    27  (a) such political subdivision or municipal corporation is contiguous to
    28  another  state;  (b) such uniformed member of a department of correction
    29  or sheriff's department resides in a county within a state contiguous to
    30  such political  subdivision  or  municipal  corporation;  and  (c)  such
    31  uniformed  member  of a department of correction or sheriff's department
    32  described in paragraph (b) of this subdivision where the former is  less
    33  than  forty-five  miles  from  such  political  subdivision or municipal
    34  corporation, measured from their respective nearest boundary lines.
    35    § 4. This act shall take effect immediately.
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