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.
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.