BILL NUMBER: S7639

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the public officers law, in relation to permitting poli-
tical subdivisions and municipal corporations of the state to set the
residency requirements for certain positions

 
PURPOSE:

This bill seeks to amend Section 3 of the Public Officers law by adding
a new subdivision 1-b which would permit political subdivisions and
municipal corporations of the state to set the residency requirements
for certain positions.

 
SUMMARY OF PROVISIONS:

By amending Section 3 of the Public Officers law, public officers may no
longer be required to live within the political subdivision or municipal
corporation that they serve.

              

Establishes that local governments can pass their own rule to determine
whether a public officer must live within the political subdivision or
municipal corporation that they serve.

Sets the effective date of the bill as the ninetieth day after it shall
have been enacted.

 
JUSTIFICATION:

Currently public officers such as police officers, caseworkers,
correction officers, nurses, public safety dispatchers, highway patrol
officers, public defenders, and many more positions are required to live
within the political subdivision or municipal corporation that they
serve. This statewide residency requirement can hinder the ability of
local governments to recruit and retain qualified personnel, particular-
ly in specialized or hard-to-fill positions. It also restricts local
flexibility, forcing municipalities to comply with a one-size-fits-all
rule that may not reflect local workforce needs or housing realities.

This bill seeks to address those challenges by authorizing local legis-
lative bodies to set or waive residency requirements for public officers
through local law, ordinance, or resolution. This reform empowers muni-
cipalities to make decisions that are best suited to their individual
circumstances, without requiring state-level waivers or exceptions.

Many communities across New York, especially in rural areas or regions
with high housing costs, struggle to attract applicants for essential
public positions due to the residency constraint. Allowing local govern-
ments to waive this requirement will broaden the pool of qualified
candidates and promote more efficient government operations.

By removing an outdated and often impractical mandate, this bill will
enhance local government capacity, reduce staffing shortages, and
improve service delivery to residents throughout New York State.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.