The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1951
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   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]  IN  A  CITY  WITH  A  POPULATION LESS THAN ONE MILLION,
 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 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  subdi-
 vision  or  municipal  corporation is located; or (b) in a county within
 the state contiguous to the county in which such  political  subdivision
 or municipal corporation 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 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06217-01-1

 A. 1951                             2
 
   § 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,] a paid member of the uniformed force
 of a paid fire department or department of corrections  in  the  correc-
 tional 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  respec-
 tive  employer  in writing of said intention within thirty days from the
 effective 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  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 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.
   §  3.  Section 3 of the public officers law is amended by adding a new
 subdivision 19-a to read as follows:
   19-A. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE,  ANY  PERSON
 APPOINTED AS A PAID MEMBER OF THE POLICE FORCE OF SUCH CITY SHALL BECOME
 A  RESIDENT OF ANY POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION WITHIN
 SUCH CITY WITHIN ONE YEAR OF HIS OR HER APPOINTMENT AND  SHALL  CONTINUE
 TO  RESIDE  WITHIN  ANY  SUCH  POLITICAL SUBDIVISION OR MUNICIPAL CORPO-
 RATION.  NO PERSON APPOINTED AS A PAID MEMBER OF SUCH POLICE  FORCE  MAY
 CONTINUE  SUCH  EMPLOYMENT UNLESS HE OR SHE COMPLIES WITH THE PROVISIONS
 OF THIS SUBDIVISION.
   § 4. Paragraph 1 of subdivision 4 of section 30 of the public officers
 law, as amended by chapter 173 of the laws of 1962, is amended  to  read
 as follows:
   (1)  If  such  person  was  appointed as a member of such police force
 prior to [July first, nineteen hundred  sixty-one]  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-TWO,  shall  reside in any such county on such date and
 shall continue to reside in any such county after such date, or
   § 5. This act shall take effect immediately.