Assembly Bill A10035

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

                                  10035

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend  the  public  officers  law, in relation to residency
  requirements for police officers 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 2 of section 3 of the public officers  law,  as
amended  by  chapter  1004  of  the  laws of 1966, is amended to read as
follows:
  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 for which he OR SHE shall be chosen
or within which his official functions are  required  to  be  exercised,
shall  apply to the appointment ON OR BEFORE JANUARY FIRST, TWO THOUSAND
THIRTEEN of a person as a member of the police force  of  any  political
subdivision or municipal corporation of the state if such person resides
(a)  in  the  county  in  which  such political subdivision or municipal
corporation is located; or (b) in a county within the  state  contiguous
to  the  county  in which such political subdivision or municipal corpo-
ration is located; or (c) in a county within  the  state  contiguous  to
such  political subdivision or municipal corporation; or (d) in a county
within the state contiguous to a county described  in  item  (c)  hereof
where the former is less than fifteen miles from such political subdivi-
sion  or  municipal  corporation, measured from their respective nearest
boundary lines; 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  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:
  19. Any person who resides in this state and who is currently employed
as a member of the police force EMPLOYED ON OR BEFORE JANUARY FIRST, TWO

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

                                                           LBD13916-01-2

A. 10035                            2

THOUSAND THIRTEEN, a paid member of the uniformed force of a  paid  fire
department  or  department  of  corrections  in the correctional service
classification 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 effec-
tive date of this subdivision and shall specify his OR HER then  current
residence  address.  The  exemption created by this subdivision shall be
applicable only to said actual designated residence and not to any resi-
dence that any subject currently employed member may  thereafter  estab-
lish;  provided,  however,  that  any such currently employed member who
resides outside this state shall have one year from the  effective  date
of  this  subdivision  within  which  to establish residence as required
pursuant to subdivisions 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 POLICE FORCE IN A  CITY  WITH  A  POPU-
LATION  OF  ONE  MILLION OR MORE AFTER JANUARY FIRST, TWO THOUSAND FOUR-
TEEN. BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN, NO PERSON SHALL BE
APPOINTED A PAID MEMBER OF THE POLICE FORCE 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.  This  act shall take effect immediately. Effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.