Senate Bill S7268

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7268
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 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 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-FOUR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08042-01-3
              

 S. 7268                             2
 
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.  BEGINNING JANUARY FIRST,
 TWO  THOUSAND TWENTY-FOUR, NO PERSON SHALL BE APPOINTED A PAID MEMBER OF
 ANY POLICE FORCE 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.
   § 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-FOUR,  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-
 FIVE. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, 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.