NY State Senate Bill 2009-S8273

Senate Bill S8273

Signed By Governor

2009-2010 Legislative Session

Relates to the residence of peace officers employed as fire protection inspectors, urban park rangers and traffic enforcement agents level IV by a city with a population over one million

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.480
Aug 18, 2010	delivered to governor
Jul 01, 2010	returned to senate passed assembly ordered to third reading rules cal.550 substituted for a11394
Jun 25, 2010	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1254
Jun 18, 2010	referred to rules

Votes

- Jun 25, 2010 - Floor Vote
  S8273
  
  59
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 25, 2010
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (1)
      
      Lanza
      
      excused (2)
      
      Larkin
      
      Morahan
  Jun 25, 2010 - Rules Committee Vote
  S8273
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 25, 2010
      
      aye (19)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (2)
      
      Hannon
      
      Montgomery
      
      absent (1)
      
      Padavan
      
      excused (1)
      
      Larkin

2009-S8273 (ACTIVE) - Details

See Assembly Version of this Bill:: A11394
Law Section:: Public Officers Law
Laws Affected:: Amd §3-b, Pub Off L

2009-S8273 (ACTIVE) - Summary

Relates to the residence of peace officers employed as fire protection inspectors, urban park rangers and traffic enforcement agents level IV by a city with a population over one million; must complete two years of employment with city of New York and reside in New York, Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or Putnam county.

2009-S8273 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8273

TITLE OF BILL:
An act
to amend the public officers law, in relation to the residence of peace
officers employed as fire protection inspectors, urban park rangers and
traffic enforcement agents level IV by a city with a population over one
million

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend the Public
Officers Law to allow the hiring and continued employment of fire
protection inspectors, urban park rangers and traffic enforcement
agents level IV, by a city with a population over one million so long
as the employee has two years of service with the city and resides in
a New York county that is contiguous with the employing municipality
or contiguous to such contiguous county.

JUSTIFICATION:
The provisions allowing residence in a
contiguous
county are modeled on existing provisions of the Public Officers Law
allowing members of municipal sanitation, fire, and corrections
departments, and departments of health in any city over one million,
to reside in a contiguous county. The same standards should apply to
fire protection inspectors, urban park rangers and traffic

enforcement agents level IV, who also find the costs of housing
prohibitive and want the opportunity to raise their children in a
less dense environment than the urban settings of municipal centers.
In 2009, the City of New York amended its residency requirement in
Local Law 10 of 2009 to allow similarly relaxed residency
requirements - i.e., two years of service with the city of New York
and residency in the counties of New York, Kings, Queens, Bronx,
Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or Putnam -
to dozens of titles represented by the same collective bargaining
agent that represents these titles. Because these titles also hold
peace officer status, however, Local Law 10 did not grant them equal
rights because of § 3-b of the Public Officers Law, which requires
peace officers to be residents of the same county as the mayor,
sheriff or other appointing official. This bill would simply give
these titles the same opportunities as other employees of the city of
New York, as well as members of municipal sanitation, fire, and
corrections departments, and health departments in any city over one
million.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

Immediately.

2009-S8273 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8273

                            I N  S E N A T E

                              June 18, 2010
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public officers law, in relation to the residence of
  peace officers employed as  fire  protection  inspectors,  urban  park
  rangers and traffic enforcement agents level IV by a city with a popu-
  lation over one million

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3-b of the public officers law, as amended by chap-
ter 448 of the laws of 1992, is amended to read as follows:
  S 3-b. Special peace officers to be citizens. 1. No sheriff of a coun-
ty, mayor of a city, or official, or other persons authorized by law  to
appoint  special  deputy  sheriffs, special constables, marshals, police
officers, or peace officers in this state, to preserve the public  peace
or  quell  public  disturbance,  shall hereafter, at the instance of any
agent, society, association or corporation,  or  otherwise,  appoint  as
such  special  deputy,  special  constable,  marshal, police officer, or
peace officer, any person who shall not  be  a  citizen  of  the  United
States  and  a  resident  of the state of New York, and entitled to vote
therein at the time of his appointment, and a resident of the same coun-
ty as the mayor or sheriff or other official  making  such  appointment;
provided,  however,  that when, in the judgment of a sheriff of a county
except those counties within the city of New  York  a  situation  exists
which requires temporary additional assistance, such sheriff may appoint
special  deputy  sheriffs  who are non-residents of the county but resi-
dents of the state of New York who shall hold office until such time  as
the  appointing  sheriff determines that the situation no longer exists;
and no person shall assume or exercise the functions, powers, duties  or
privileges  incident and belonging to the office of special deputy sher-
iff, special constables, marshal,  police  officer,  or  peace  officer,
without  having  first  received  his  appointment  in  writing from the
authority lawfully appointing him. Nothing  herein  contained,  however,
shall  apply  to  the  appointment  of  a  non-resident, as an emergency
special deputy sheriff, by the sheriff of any county to  act  when  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17597-01-0

S. 8273                             2

sheriff  has  declared  a  state  of  special  emergency pursuant to the
provisions of section two hundred nine-f of the general  municipal  law.
Any  person  otherwise  qualified  who  resides  in either the county of
Nassau or the county of Suffolk may at the instance of a society for the
prevention  of cruelty to animals be appointed as a peace officer by the
appropriate appointing official of either of such counties notwithstand-
ing that such appointee does not  reside  in  the  same  county  as  the
appointing official.
  2.  NEITHER  THE PROVISIONS OF THIS SECTION OR OF ANY GENERAL, SPECIAL
OR LOCAL LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR  REGULATION,
REQUIRING  A  PERSON  TO  BE  A RESIDENT OF THE POLITICAL SUBDIVISION OR
MUNICIPAL CORPORATION OF THE STATE BY WHICH HE OR SHE IS EMPLOYED, SHALL
APPLY TO A PERSON EMPLOYED BY A CITY WITH A POPULATION OVER ONE  MILLION
IN  THE  TITLES  OF FIRE PROTECTION INSPECTOR, ASSOCIATE FIRE PROTECTION
INSPECTOR, OR SUPERVISING FIRE PROTECTION INSPECTOR, PROVIDED THAT HE OR
SHE HAS COMPLETED TWO YEARS OF EMPLOYMENT WITH THE CITY OF NEW YORK  AND
IS A RESIDENT OF NEW YORK, KINGS, QUEENS, BRONX, RICHMOND, NASSAU, WEST-
CHESTER, SUFFOLK, ORANGE, ROCKLAND OR PUTNAM COUNTY.
  3.  NEITHER  THE PROVISIONS OF THIS SECTION OR OF ANY GENERAL, SPECIAL
OR LOCAL LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR  REGULATION,
REQUIRING  A  PERSON  TO  BE  A RESIDENT OF THE POLITICAL SUBDIVISION OR
MUNICIPAL CORPORATION OF THE STATE BY WHICH HE OR SHE IS EMPLOYED, SHALL
APPLY TO A PERSON EMPLOYED BY A CITY WITH A POPULATION OVER ONE  MILLION
IN  THE  TITLES  OF URBAN PARK RANGER OR TRAFFIC ENFORCEMENT AGENT LEVEL
IV, PROVIDED THAT HE OR SHE HAS COMPLETED TWO YEARS OF  EMPLOYMENT  WITH
THE  CITY  OF  NEW  YORK  AND  IS A RESIDENT OF NEW YORK, KINGS, QUEENS,
BRONX, RICHMOND,  NASSAU,  WESTCHESTER,  SUFFOLK,  ORANGE,  ROCKLAND  OR
PUTNAM COUNTY.
  A violation of the provisions of this section is a misdemeanor.
  S 2. This act shall take effect immediately.

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