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A06660 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6660
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 23, 2021
                                       ___________
 
        Introduced by M. of A. GLICK, BARRON, BICHOTTE HERMELYN, DICKENS, 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] they shall  be  chosen
     8  or  within which [his] their 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07951-01-1

        A. 6660                             2
 
     1  members  of a police force in a city with a population of one million or
     2  more.  Beginning January first, two thousand twenty-two, no person shall
     3  be appointed a paid member of any police force in a city  with  a  popu-
     4  lation  of  one  million  or  more that does not reside in the political
     5  subdivision or municipal corporation of the state for which  he  or  she
     6  shall  be  chosen for one year prior to being appointed and continues to
     7  reside therein.
     8    § 2. Subdivision 19 of section 3 of the public officers law, as  added
     9  by chapter 509 of the laws of 1986, is amended to read as follows:
    10    19. Any person who resides in this state and who is currently employed
    11  as a member of the police force, a paid member of the uniformed force of
    12  a  paid fire department or department of corrections in the correctional
    13  service classification of the classified civil service,  of  a  city  of
    14  over  one  million  population,  shall  be exempt from the provisions of
    15  subdivisions one, two and nine of this section upon compliance with  the
    16  procedure  set  forth in this subdivision. Any person seeking to benefit
    17  from the exemption created by this subdivision shall notify [his]  their
    18  respective employer in writing of said intention within thirty days from
    19  the  effective  date  of  this subdivision and shall specify [his] their
    20  then current residence address. The exemption created by  this  subdivi-
    21  sion  shall  be  applicable only to said actual designated residence and
    22  not to any residence that any  subject  currently  employed  member  may
    23  thereafter   establish;  provided,  however,  that  any  such  currently
    24  employed member who resides outside this state shall have one year  from
    25  the  effective  date of this subdivision within which to establish resi-
    26  dence as required pursuant to subdivisions one, two  and  nine  of  this
    27  section  and  comply  with  the notice requirements of this subdivision.
    28  Said residence shall constitute a  lawful  residence  for  all  purposes
    29  notwithstanding any provision to the contrary of any general, special or
    30  local  law,  charter,  code,  ordinance, resolution, rule or regulation.
    31  Such exemption shall not apply to paid members of the police force in  a
    32  city  with a population of one million or more. Beginning January first,
    33  two thousand twenty-two, no person shall be appointed a paid  member  of
    34  the police force in a city with a population of one million or more that
    35  does not reside in the political subdivision or municipal corporation of
    36  the  state  for  which  he  or she shall be chosen for one year prior to
    37  being appointed and continues to reside therein.
    38    § 3. This act shall take effect immediately.
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