STATE OF NEW YORK
________________________________________________________________________
11102
IN ASSEMBLY
November 6, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick,
Barron, Bichotte, Dickens, Mosley, Simon, Epstein) -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to residency
requirements for police officers in cities 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 the provisions of this section or of any general, special
5 or local law, charter, code, ordinance, resolution, rule or regulation,
6 requiring a person to be a resident of the political subdivision or
7 municipal corporation of the state for which he or she shall be chosen
8 or within which his or her official functions are required to be exer-
9 cised, shall apply to the appointment of a person as a member of the
10 police force of any political subdivision or municipal corporation of
11 the state if such person resides (a) in the county in which such poli-
12 tical subdivision or municipal corporation is located; or (b) in a coun-
13 ty within the state contiguous to the county in which such political
14 subdivision or municipal corporation is located; or (c) in a county
15 within the state contiguous to such political subdivision or municipal
16 corporation; or (d) in a county within the state contiguous to a county
17 described in item (c) hereof where the former is less than fifteen miles
18 from such political subdivision or municipal corporation, measured from
19 their respective nearest boundary lines; or (e) in a county within the
20 state contiguous to a county described in item (d) hereof where the
21 former is less than thirty miles from such political subdivision or
22 municipal corporation, measured from their respective nearest boundary
23 lines. Provided, however, such exemption shall not apply to paid
24 members of a police force in a city with a population of one million or
25 more. Beginning January first, two thousand twenty-one, no person shall
26 be appointed a paid member of any police force in a city with a popu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17323-01-0
A. 11102 2
1 lation of one million or more that does not reside in the political
2 subdivision or municipal corporation of the state for which he or she
3 shall be chosen for one year prior to being appointed and continues to
4 reside therein.
5 § 2. Subdivision 19 of section 3 of the public officers law, as added
6 by chapter 509 of the laws of 1986, is amended to read as follows:
7 19. Any person who resides in this state and who is currently employed
8 as a member of the police force, a paid member of the uniformed force of
9 a paid fire department or department of corrections in the correctional
10 service classification of the classified civil service, of a city of
11 over one million population, shall be exempt from the provisions of
12 subdivisions one, two and nine of this section upon compliance with the
13 procedure set forth in this subdivision. Any person seeking to benefit
14 from the exemption created by this subdivision shall notify his or her
15 respective employer in writing of said intention within thirty days from
16 the effective date of this subdivision and shall specify his or her then
17 current residence address. The exemption created by this subdivision
18 shall be applicable only to said actual designated residence and not to
19 any residence that any subject currently employed member may thereafter
20 establish; provided, however, that any such currently employed member
21 who resides outside this state shall have one year from the effective
22 date of this subdivision within which to establish residence as required
23 pursuant to subdivisions one, two and nine of this section and comply
24 with the notice requirements of this subdivision. Said residence shall
25 constitute a lawful residence for all purposes notwithstanding any
26 provision to the contrary of any general, special or local law, charter,
27 code, ordinance, resolution, rule or regulation. Such exemption shall
28 not apply to paid members of the police force in a city with a popu-
29 lation of one million or more. Beginning January first, two thousand
30 twenty-one, no person shall be appointed a paid member of the police
31 force in a city with a population of one million or more that does not
32 reside in the political subdivision or municipal corporation of the
33 state for which he or she shall be chosen for one year prior to being
34 appointed and continues to reside therein.
35 § 3. This act shall take effect immediately.