STATE OF NEW YORK
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1779
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
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Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to residency
requirements for members of municipal departments of sanitation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-a of section 3 of the public officers law, as
2 amended by chapter 200 of the laws of 2006, is amended to read as
3 follows:
4 2-a. Neither the provisions of this section, nor of any general,
5 special or local law, charter, code, ordinance, resolution, rule or
6 regulation, requiring a person to be a resident of the political subdi-
7 vision or municipal corporation of the state for which he shall be
8 chosen or within which his official functions are required to be exer-
9 cised, shall apply to the appointment of a member of the department of
10 sanitation of any municipality of the state who resides in a county
11 within the state contiguous to such municipality. A member of the
12 department of sanitation of any political subdivision or municipal
13 corporation [who has five or more years of service] may reside (a) in a
14 county in which such political subdivision or municipal corporation is
15 located; or (b) in a county within the state contiguous to the county in
16 which such political subdivision or municipal corporation is located; or
17 (c) in a county within the state contiguous to such political subdivi-
18 sion or municipal corporation; or (d) in a county within the state which
19 is not more than fifteen miles from such political subdivision or munic-
20 ipal corporation.
21 § 2. Subdivision 5 of section 30 of the public officers law, as sepa-
22 rately amended by chapters 200 and 209 of the laws of 2006, is amended
23 to read as follows:
24 5. Neither the provisions of this section, nor of any general, special
25 or local law, charter, code, ordinance, resolution, rule or regulation,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00684-01-5
A. 1779 2
1 creating a vacancy in a local office of a political subdivision or
2 municipal corporation if the incumbent thereof ceases to be a resident
3 of such political subdivision or municipal corporation, shall apply in
4 the case of a paid member of the uniformed force of a paid fire depart-
5 ment, who, for purposes of this section shall include persons employed
6 as fire alarm dispatchers, or in the case of a person employed in a
7 department of correction in the correction service of the classified
8 civil service, or in the case of a member of the department of sanita-
9 tion of any political subdivision or municipal corporation [who has five
10 or more years of service,] or in the case of officers and inspectors
11 employed in a department of health of a city of over one million popu-
12 lation who resides (a) in the county in which said city is located; or
13 (b) in a county within the state contiguous to the county in which said
14 city is located; or (c) in a county within the state contiguous to such
15 city; or (d) in a county within the state which is not more than fifteen
16 miles from said city; or (e) in a county within the state contiguous to
17 a county described in item (d) hereof where the former is less than
18 thirty miles from such political subdivision or municipal corporation,
19 measured from their respective nearest boundary lines.
20 § 3. This act shall take effect immediately.
