Senate Bill S5661

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5661
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the  public  officers  law,  in  relation  to  residency
   requirements  for paid 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 4 of section 3 of the public officers law, as
 amended by chapter 985 of the laws  of  1965,  is  amended  to  read  as
 follows:
   4.  Except  as otherwise provided in subdivision nine of this section,
 persons heretofore or hereafter employed in the paid fire department  of
 a city, town, village or fire district shall not be deemed to be holding
 a  civil office or a local office within the meaning of this section and
 the provisions of this section shall not apply to  such  persons.  [The]
 EXCEPT  WITHIN  A  CITY  WITH  A  POPULATION  OF  ONE  MILLION  OR MORE,
 provisions of any general, special or local law, city or  village  char-
 ter,  code or ordinance, or any rule or regulation requiring a person to
 be a resident of the political subdivision or municipal  corporation  of
 the  state  for  which  he  shall be chosen or within which his official
 functions are required to be exercised shall not apply to  the  appoint-
 ment  or  continuance  in office of any such person so employed, if such
 person resides in the county, or one of  the  counties,  in  which  such
 political subdivision or municipal corporation is located.
   § 2. 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

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

                                                            LBD03563-01-1

 S. 5661                             2
 
 or within which his or her official functions are required to  be  exer-
 cised,  shall apply to the appointment of a paid member of the uniformed
 force of a paid fire department OUTSIDE OF A CITY WITH A  POPULATION  OF
 ONE  MILLION  OR  MORE,  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
 classification of the classified civil service, or to the appointment of
 officers  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.
   §  3. 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 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.
   § 4.  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 UNIFORMED FORCE OF A PAID FIRE DEPART-
 MENT 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  CORPORATION.  NO  PERSON APPOINTED AS A PAID
 MEMBER OF THE UNIFORMED FORCE OF A PAID FIRE DEPARTMENT OF SUCH CITY MAY
 CONTINUE SUCH EMPLOYMENT UNLESS HE OR SHE COMPLIES WITH  THE  PROVISIONS
 OF THIS SUBDIVISION.
   §  5.  Subdivision  5-a  of  section 30 of the public officers law, as
 added by chapter 509 of the laws of 1986, is amended to read as follows:
   5-a. 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 correctional  service  classification  of  the  classified  civil
 service,  of a city of over one million population, shall be exempt from
 the provisions of paragraph (d) of subdivision one and subdivisions four
 and five of this section upon compliance with the procedure set forth in

 S. 5661                             3
 
 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 para-
 graph (d) of subdivision one, and subdivisions four  and  five  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.
   § 6. This act shall take effect immediately.