STATE OF NEW YORK
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5253
2021-2022 Regular Sessions
IN SENATE
February 26, 2021
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Introduced by Sens. COONEY, BROUK -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the public officers law, in relation to certain police
residency requirements
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09426-01-1
S. 5253 2
1 § 2. Section 3 of the public officers law is amended by adding a new
2 subdivision 71 to read as follows:
3 71. Notwithstanding the provisions of subdivision two of this section,
4 or any provision of any general, special or local law, charter, code,
5 ordinance, resolution, rule or regulation to the contrary, every city
6 with a population of more than ninety thousand but less than three
7 hundred thousand, as of the effective date of this subdivision, shall
8 have the authority to enact a local law subsequent to the effective date
9 of this subdivision requiring any person who is appointed as a member of
10 the police force of such city to be a resident of such a city during his
11 or her employment as a member of such police force; provided however,
12 that nothing in this subdivision shall authorize such local law to
13 affect any person who entered such city service as a police officer
14 prior to thirty days subsequent to the effective date of such local law.
15 Such local law shall, to the extent practicable, be enacted in such a
16 way as to achieve the goal of at least fifty percent of the members of
17 the police force being residents of such city within five years of the
18 enactment of such local law, and one hundred percent of the members of
19 the police force being residents of such city within ten years of the
20 enactment of such local law.
21 § 3. This act shall take effect immediately.
