NY State Senate Bill 2021-S5253

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Feb 26, 2021	referred to investigations and government operations

co-Sponsors

2021-S5253 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L

2021-S5253 (ACTIVE) - Summary

Authorizes every city with a population of more than ninety thousand but less than three hundred thousand to have the authority to enact a local law requiring any person who is appointed as a member of the police force of such city to be a resident of such city during his or her employment as a member of such police force; makes related provisions.

2021-S5253 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5253

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the public officers law, in relation to certain police
residency requirements

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 2 of section 3 of the public officers law
to add inclusive gender pronouns.

Section 2 amends section 3 of the public officers law by adding a new
subdivision 71 which authorizes every city with a population between
90,000 and 300,000 to enact a local law requiring any person who is a
member of the police force of such city to be a resident of the city.
Such local law shall, to the extent practicable, be enacted in such a
way as to achieve the goal of at least fifty percent residency for
members of the police force within five years and one hundred percent
within ten years.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

There is a growing distrust between police departments and the communi-
ties they serve. Moreover, the use of excessive force by members of law
enforcement has been an increasing reality for New Yorkers. Recent
violent events by upstate police officers in Rochester and Buffalo have
underscored the model of law enforcement needs to change.

Police residency requirements create trust by connecting law enforcement
personnel to the communities they patrol. In the United States, on aver-
age only 3196 of police officers live in the cities and towns that they
serve. This can lead to the officers feeling less personal investment in
the communities they protect and conversely, resentment from citizens
being policed by outsiders. Recognizing this potential effect, many
cities in New York State have had, or currently have, residency require-
ments for the hiring of members of the police force.  However, addi-
tional efforts have been stymied due to legal action, labor contracts,
and general police opposition.

This bill would authorize the five largest upstate cities (Buffalo,
Rochester, Yonkers, Syracuse, and Albany) to enact a local law to
require all new sworn officers of their police departments to be a resi-
dent of the city they serve. Hopefully, these local laws would achieve
goals of at least fifty percent of the police force being city residents
within five years and one hundred percent within ten years of this law
going into effect. By creating a uniform approach to police residency,
the largest upstate cities can ensure that those patrolling their
streets are invested in the communities they serve.

This bill would not address all of our State's problems with policing,
but it would be a step in the right direction. We must do more to
address police violence, and this bill is important to help officers see
themselves as valuable members of the communities that they are sworn to
protect.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5253 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5253
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced by Sens. COONEY, BROUK -- read twice and ordered printed, and
   when  printed  to  be committed to the Committee on Investigations and
   Government Operations
 
 AN ACT to amend the public officers law, in relation to  certain  police
   residency requirements
 
   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 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 poli-
 tical subdivision or municipal corporation is located; or (b) in a coun-
 ty 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.
                                                            LBD09426-01-1

 S. 5253                             2
 
   §  2.  Section 3 of the public officers law is amended by adding a new
 subdivision 71 to read as follows:
   71. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 OR  ANY  PROVISION  OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, CODE,
 ORDINANCE, RESOLUTION, RULE OR REGULATION TO THE  CONTRARY,  EVERY  CITY
 WITH  A  POPULATION  OF  MORE  THAN  NINETY THOUSAND BUT LESS THAN THREE
 HUNDRED THOUSAND, AS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  SHALL
 HAVE THE AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO THE EFFECTIVE DATE
 OF THIS SUBDIVISION REQUIRING ANY PERSON WHO IS APPOINTED AS A MEMBER OF
 THE POLICE FORCE OF SUCH CITY TO BE A RESIDENT OF SUCH A CITY DURING HIS
 OR  HER  EMPLOYMENT  AS A MEMBER OF SUCH POLICE FORCE; PROVIDED HOWEVER,
 THAT NOTHING IN THIS SUBDIVISION  SHALL  AUTHORIZE  SUCH  LOCAL  LAW  TO
 AFFECT  ANY  PERSON  WHO  ENTERED  SUCH CITY SERVICE AS A POLICE OFFICER
 PRIOR TO THIRTY DAYS SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH LOCAL LAW.
 SUCH LOCAL LAW SHALL, TO THE EXTENT PRACTICABLE, BE ENACTED  IN  SUCH  A
 WAY  AS  TO ACHIEVE THE GOAL OF AT LEAST FIFTY PERCENT OF THE MEMBERS OF
 THE POLICE FORCE BEING RESIDENTS OF SUCH CITY WITHIN FIVE YEARS  OF  THE
 ENACTMENT  OF  SUCH LOCAL LAW, AND ONE HUNDRED PERCENT OF THE MEMBERS OF
 THE POLICE FORCE BEING RESIDENTS OF SUCH CITY WITHIN TEN  YEARS  OF  THE
 ENACTMENT OF SUCH LOCAL LAW.
   § 3. This act shall take effect immediately.

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Senate Bill S5253

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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co-Sponsors

2021-S5253 (ACTIVE) - Details

2021-S5253 (ACTIVE) - Summary

2021-S5253 (ACTIVE) - Sponsor Memo

2021-S5253 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jeremy Cooney

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

co-Sponsors

Samra G. Brouk

Brad Hoylman-Sigal

Rachel May

2021-S5253 (ACTIVE) - Details

2021-S5253 (ACTIVE) - Summary

2021-S5253 (ACTIVE) - Sponsor Memo

2021-S5253 (ACTIVE) - Bill Text download pdf

Comments