S T A T E O F N E W Y O R K
________________________________________________________________________
5324
2011-2012 Regular Sessions
I N A S S E M B L Y
February 15, 2011
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Introduced by M. of A. JEFFRIES, MENG, BOYLAND -- Multi-Sponsored by --
M. of A. PEOPLES-STOKES -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the public officers law, in relation to residency
requirements for firefighters in a city 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:
Section 1. Subdivision 9 of section 3 of the public officers law, as
amended by chapter 209 of the laws of 2006, is amended to read as
follows:
9. Neither the provisions of this section, nor 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 for which he or she shall be chosen
or within which his or her official functions are required to be exer-
cised, shall apply to the appointment ON OR BEFORE JANUARY FIRST, TWO
THOUSAND TWELVE of a paid member of the uniformed force of a paid fire
department, who, for purposes of this section shall include persons
employed as fire alarm dispatchers, or to the appointment of any person
employed in a department of correction in the correction service classi-
fication of the classified civil service, or to the appointment of offi-
cers and inspectors who are employees of a department of health of any
city of over one million population who resides (a) in the county in
which such city is located; or (b) in a county within the state contig-
uous to the county in which said city is located; or (c) in a county
within the state contiguous to such city; or (d) in a county within the
state which is not more than fifteen miles from said city.
S 2. Subdivision 19 of section 3 of the public officers law, as added
by chapter 509 of the laws of 1986, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08899-01-1
A. 5324 2
19. Any person who resides in this state and who is currently employed
as a member of the police force, a paid member of the uniformed force of
a paid fire department EMPLOYED ON OR BEFORE JANUARY FIRST, TWO THOUSAND
TWELVE or department of corrections in the correctional service classi-
fication of the classified civil service, of a city of over one million
population, shall be exempt from the provisions of subdivisions one, two
and nine of this section upon compliance with the procedure set forth in
this subdivision. Any person seeking to benefit from the exemption
created by this subdivision shall notify his respective employer in
writing of said intention within thirty days from the effective date of
this subdivision and shall specify his then current residence address.
The exemption created by this subdivision shall be applicable only to
said actual designated residence and not to any residence that any
subject currently employed member may thereafter establish; provided,
however, that any such currently employed member who resides outside
this state shall have one year from the effective date of this subdivi-
sion within which to establish residence as required pursuant to subdi-
visions one, two and nine of this section and comply with the notice
requirements of this subdivision. Said residence shall constitute a
lawful residence for all purposes notwithstanding any provision to the
contrary of any general, special or local law, charter, code, ordinance,
resolution, rule or regulation. SUCH EXEMPTION SHALL NOT APPLY TO PAID
MEMBERS OF THE UNIFORMED FORCE OF A PAID FIRE DEPARTMENT IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE AFTER JANUARY FIRST, TWO THOUSAND
TWELVE. BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN NO PERSON SHALL BE
APPOINTED A PAID MEMBER OF THE UNIFORMED FORCE OF A PAID FIRE DEPARTMENT
IN A CITY WITH A POPULATION OF ONE MILLION OR MORE THAT DOES NOT RESIDE
IN THE POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE FOR
WHICH HE OR SHE SHALL BE CHOSEN FOR ONE YEAR PRIOR TO BEING APPOINTED
AND CONTINUES TO RESIDE THEREIN.
S 3. Subdivision 5 of section 30 of the public officers law, as sepa-
rately amended by chapters 200 and 209 of the laws of 2006, is amended
to read as follows:
5. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation if the incumbent thereof ceases to be a resident
of such political subdivision or municipal corporation, shall apply in
the case [of a paid member of the uniformed force of a paid fire depart-
ment, who, for purposes of this section shall include persons employed
as fire alarm dispatchers, or in the case] of a person employed in a
department of correction in the correction service of the classified
civil service, or in the case of a member of the department of sanita-
tion of any political subdivision or municipal corporation who has five
or more years of service, or in the case of officers and inspectors
employed in a department of health of a city of over one million popu-
lation who resides (a) in the county in which said city is located; or
(b) in a county within the state contiguous to the county in which said
city is located; or (c) in a county within the state contiguous to such
city; or (d) in a county within the state which is not more than fifteen
miles from said city; or (e) in a county within the state contiguous to
a county described in item (d) hereof where the former is less than
thirty miles from such political subdivision or municipal corporation,
measured from their respective nearest boundary lines.
S 4. This act shall take effect January 1, 2012.