Senate Bill S8612

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8612
 
                             I N  S E N A T E
 
                               June 22, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  residency
   requirements for police officers
 
   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 OR HER official functions are required to  be  exer-
 cised,  shall  apply  to the appointment ON OR BEFORE JANUARY FIRST, TWO
 THOUSAND TWENTY-ONE 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  munici-
 pal  corporation is located; or (c) in a county within the state contig-
 uous 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
 subdivision 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.  PROVIDED, HOWEV-
 ER, SUCH EXEMPTION SHALL NOT APPLY TO PAID MEMBERS  OF  A  POLICE  FORCE
 AFTER  JANUARY FIRST, TWO THOUSAND TWENTY-TWO.  BEGINNING JANUARY FIRST,
 TWO THOUSAND TWENTY-ONE, NO PERSON SHALL BE APPOINTED A PAID  MEMBER  OF
 ANY  POLICE  FORCE  THAT DOES NOT RESIDE IN THE POLITICAL SUBDIVISION OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16766-01-0

 S. 8612                             2
 
 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.
   §  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
 THOUSAND TWENTY-ONE, 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 OR HER 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 TWENTY-
 TWO. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE, NO  PERSON  SHALL
 BE  APPOINTED  A  PAID MEMBER OF THE POLICE FORCE IN A CITY WITH A POPU-
 LATION 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.
   § 3. This act shall take effect immediately.