The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2913
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  JACKSON,  SIMON,  ZINERMAN,  EPSTEIN,
   SEAWRIGHT, TAPIA, ANDERSON, BURGOS -- 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01971-01-3
 A. 2913                             2

 
 municipal  corporation,  measured from their respective nearest boundary
 lines.
   §  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-FOUR, 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.