Removes the residency requirement for all public office positions employed by a county; provides that counties shall have the authority to determine residency requirements for each county job on a county by county basis.
STATE OF NEW YORK
________________________________________________________________________
8434
IN SENATE
January 29, 2024
___________
Introduced by Sen. BORRELLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the public officers law, in relation to the residency
requirement for public office in counties in the state; and providing
for the repeal of certain provisions of the public officers law relat-
ing thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 3 of the public officers
2 law, subdivision 1 as amended by chapter 251 of the laws of 2014 and
3 subdivision 2 as amended by chapter 1004 of the laws of 1966, are
4 amended and a new subdivision 1-b is added to read as follows:
5 1. No person shall be capable of holding a civil office who shall not,
6 at the time he or she shall be chosen thereto, have attained the age of
7 eighteen years, except that in the case of youth boards, youth commis-
8 sions, recreation commissions, or community boards in the city of New
9 York only, members of such boards or commissions may be under the age of
10 eighteen years, but must have attained the age of sixteen years on or
11 before appointment to such youth board, youth commission, recreation
12 commission, or community board in the city of New York, be a citizen of
13 the United States, a resident of the state, and if it be a local office
14 other than a public office position employed by a county, a resident of
15 the political subdivision or municipal corporation of the state for
16 which he or she shall be chosen, or within which the electors electing
17 him or her reside, or within which his or her official functions are
18 required to be exercised, or who shall have been or shall be convicted
19 of a violation of the selective draft act of the United States, enacted
20 May eighteenth, nineteen hundred seventeen, or the acts amendatory or
21 supplemental thereto, or of the federal selective training and service
22 act of nineteen hundred forty or the acts amendatory thereof or supple-
23 mental thereto.
24 1-b. Neither the provisions of this section or 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.
LBD13817-02-4
S. 8434 2
1 requiring a person to be a resident of the political subdivision or
2 municipal corporation of the state for which he or she shall be chosen
3 or within which his or her official functions are required to be exer-
4 cised, shall apply to the appointment of a person to any county public
5 office employment position, and each county in the state shall set forth
6 residency requirements for county positions on an individual basis.
7 2. Neither the provisions of this section or of any general, special
8 or local law, charter, code, ordinance, resolution, rule or regulation,
9 requiring a person to be a resident of the political subdivision or
10 municipal corporation of the state for which he shall be chosen or with-
11 in which his official functions are required to be exercised, shall
12 apply to the appointment of a person as a member of the police force of
13 any political subdivision or municipal corporation of the state if such
14 person resides (a) in the county in which such political subdivision or
15 municipal corporation is located; or (b) in a county within the state
16 contiguous to the county in which such political subdivision or munici-
17 pal corporation is located; or (c) in a county within the state contig-
18 uous to such political subdivision or municipal corporation; or (d) in a
19 county within the state contiguous to a county described in item (c)
20 hereof where the former is less than fifteen miles from such political
21 subdivision or municipal corporation, measured from their respective
22 nearest boundary lines; or (e) in a county within the state contiguous
23 to a county described in item (d) hereof where the former is less than
24 thirty miles from such political subdivision or municipal corporation,
25 measured from their respective nearest boundary lines. This subdivision
26 shall not apply to any sheriff's office or other county police force in
27 the state.
28 § 2. Subdivisions 2-b, 28, 35, 38, 38-a, 41, 42, 44, 48, 48, 49, 49,
29 50, 50, 52, 53, 55, 55, 55, 60, 62, 64, 66, 66, 67, 67, 68, 68, 68, 68,
30 68, 68, 69, 70, 72, 72, 72, 72, 73, 73, 73, 73, and 73 of section 3 of
31 the public officers law, subdivision 2-b as added by chapter 1003 of the
32 laws of 1965, subdivision 41 as added by chapter 174 of the laws of
33 1998, subdivision 42 as added by chapter 174 of the laws of 1998, subdi-
34 vision 44 as added by chapter 457 of the laws of 2000, subdivision 48 as
35 added by chapter 517 of the laws of 2002, subdivision 48 as added by
36 chapter 518 of the laws of 2002, subdivision 49 as added by chapter 129
37 of the laws of 2003, subdivision 49 as added by chapter 313 of the laws
38 of 2003, subdivision 50 as added by chapter 551 of the laws of 2004,
39 subdivision 50 as added by chapter 665 of the laws of 2004, subdivision
40 53 as added by chapter 663 of the laws of 2006, subdivision 55 as added
41 by chapter 250 of the laws of 2008, subdivision 55 as added by chapter
42 265 of the laws of 2008, subdivision 55 as added by chapter 281 of the
43 laws of 2008, subdivision 60 as added by chapter 255 of the laws of
44 2013, subdivision 62 as added by chapter 225 of the laws of 2014, subdi-
45 vision 64 as added by chapter 139 of the laws of 2015, subdivision 66 as
46 added by chapter 113 of the laws of 2017, subdivision 66 as added by
47 chapter 130 of the laws of 2017, subdivision 67 as added by chapter 185
48 of the laws of 2018, subdivision 67 as added by chapter 340 of the laws
49 of 2018, subdivision 68 as added by chapter 292 of the laws of 2019,
50 subdivision 68 as added by chapter 333 of the laws of 2019, subdivision
51 68 as added by chapter 349 of the laws of 2019, subdivision 68 as added
52 by chapter 396 of the laws of 2019, subdivision 68 as added by chapter
53 464 of the laws of 2019, subdivision 68 as added by chapter 645 of the
54 laws of 2019, subdivision 70 as added by chapter 176 of the laws of
55 2020, subdivision 72 as added by chapter 271 of the laws of 2022, subdi-
56 vision 72 as added by chapter 275 of the laws of 2022, subdivision 72 as
S. 8434 3
1 added by chapter 334 of the laws of 2022, subdivision 72 as added by
2 chapter 458 of the laws of 2022, subdivision 73 as added by chapter 385
3 of the laws of 2023, subdivision 73 as added by chapter 392 of the laws
4 of 2023, subdivision 73 as added by chapter 399 of the laws of 2023,
5 subdivision 73 as added by chapter 405 of the laws of 2023, and subdivi-
6 sion 73, as added by chapter 407 of the laws of 2023, are REPEALED.
7 § 3. This act shall take effect immediately.