Bill Text: NY A02948 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes the enactment of local laws requiring residency in cities with a population of one million or more for members of the police force, the department of sanitation, probation officers, members of the uniformed force of the fire department, employees of the department of correction in the correctional service classification of the classified civil service, and officers and inspectors of the department of health.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A02948 Detail]

Download: New_York-2013-A02948-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2948
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2013
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to  amend  the  public  officers  law and the executive law, in
         relation to authorizing the local enactment of a residency requirement
         for members  of  the  police  force,  the  department  of  sanitation,
         probation officers, members of the uniformed force of the fire depart-
         ment,  employees  of  the department of correction in the correctional
         service classification of the classified civil service,  and  officers
         and inspectors of the department of health in cities with a population
         of  one  million  or  more and authorizing the adoption of a residency
         requirement for members of a police force of  a  public  authority  or
         municipal  housing  authority  within  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:
    1    Section  1.  Section 3 of the public officers law is amended by adding
    2  two new subdivisions 60 and 61 to read as follows:
    3    60. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO,  TWO-A,  FOUR,
    4  EIGHT  AND NINE OF THIS SECTION, A CITY WITH A POPULATION OF ONE MILLION
    5  OR MORE SHALL HAVE THE AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO  THE
    6  EFFECTIVE  DATE  OF THIS SUBDIVISION REQUIRING PERSONS, WHO WOULD OTHER-
    7  WISE BE EXEMPT FROM MUNICIPAL RESIDENCY REQUIREMENTS BY STATE LAW, TO BE
    8  A RESIDENT OF SUCH A CITY; PROVIDED HOWEVER, THAT NOTHING  HEREIN  SHALL
    9  AUTHORIZE SUCH LOCAL LAW TO AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE
   10  PRIOR  TO  THIRTY  DAYS SUBSEQUENT TO THE DATE OF ENACTMENT OF THE LOCAL
   11  LAW.
   12    61. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  ANY  LAW  OR  REGULATION
   13  RELATING  TO  THE  RESIDENCY OF POLICE OFFICERS OF A PUBLIC AUTHORITY OR
   14  MUNICIPAL HOUSING AUTHORITY OPERATING A POLICE FORCE WITHIN A CITY  WITH
   15  A  POPULATION OF ONE MILLION OR MORE, AND NOTWITHSTANDING THE PROVISIONS
   16  OF ANY LAW RELATING TO THE POWER OF  A  PUBLIC  AUTHORITY  OR  MUNICIPAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00688-01-3
       A. 2948                             2
    1  HOUSING  AUTHORITY IN A CITY WITH A POPULATION OF ONE MILLION OR MORE TO
    2  ESTABLISH RESIDENCY REQUIREMENTS FOR MEMBERS OF ITS POLICE  FORCE,  SUCH
    3  AUTHORITIES SHALL HAVE THE POWER TO ADOPT A RESOLUTION SUBSEQUENT TO THE
    4  EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING MEMBERS OF THE POLICE FORCE
    5  OF  SUCH PUBLIC AUTHORITY OR MUNICIPAL HOUSING AUTHORITY TO BE RESIDENTS
    6  OF SUCH CITY; PROVIDED, HOWEVER, THAT  NOTHING  HEREIN  SHALL  AUTHORIZE
    7  SUCH  PUBLIC  AUTHORITY  OR  MUNICIPAL  HOUSING  AUTHORITY TO ADOPT SUCH
    8  RESOLUTION AFFECTING PERSONS WHO ENTERED POLICE SERVICE PRIOR TO  THIRTY
    9  DAYS SUBSEQUENT TO THE DATE OF ADOPTION OF THE RESOLUTION.
   10    S  2.  Section  30 of the public officers law is amended by adding two
   11  new subdivisions 9 and 10 to read as follows:
   12    9. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS FOUR, FOUR-A, FOUR-B
   13  AND FIVE OF THIS SECTION, A CITY WITH A POPULATION  OF  ONE  MILLION  OR
   14  MORE  SHALL  HAVE  THE  AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO THE
   15  EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING PERSONS, WHO  WOULD  OTHER-
   16  WISE  BE  EXEMPT  FROM MUNICIPAL RESIDENCY REQUIREMENTS BY STATE LAW, TO
   17  VACATE HIS OR HER OFFICE UPON CEASING TO BE A RESIDENT OF SUCH  A  CITY;
   18  PROVIDED  HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE SUCH LOCAL LAW TO
   19  AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE PRIOR TO THIRTY DAYS SUBSE-
   20  QUENT TO THE DATE OF ENACTMENT OF THE LOCAL LAW.
   21    10. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  ANY  LAW  OR  REGULATION
   22  RELATING  TO  THE  RESIDENCY OF POLICE OFFICERS OF A PUBLIC AUTHORITY OR
   23  MUNICIPAL HOUSING AUTHORITY OPERATING A POLICE FORCE WITHIN A CITY  WITH
   24  A  POPULATION OF ONE MILLION OR MORE, AND NOTWITHSTANDING THE PROVISIONS
   25  OF ANY LAW RELATING TO THE POWER OF  A  PUBLIC  AUTHORITY  OR  MUNICIPAL
   26  HOUSING  AUTHORITY IN A CITY WITH A POPULATION OF ONE MILLION OR MORE TO
   27  ESTABLISH RESIDENCY REQUIREMENTS FOR MEMBERS OF ITS POLICE  FORCE,  SUCH
   28  AUTHORITIES SHALL HAVE THE POWER TO ADOPT A RESOLUTION SUBSEQUENT TO THE
   29  EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING MEMBERS OF THE POLICE FORCE
   30  OF  SUCH PUBLIC AUTHORITY OR MUNICIPAL HOUSING AUTHORITY TO VACATE THEIR
   31  OFFICES UPON CEASING TO BE RESIDENTS OF SUCH  CITY;  PROVIDED,  HOWEVER,
   32  THAT  NOTHING  HEREIN SHALL AUTHORIZE SUCH PUBLIC AUTHORITY OR MUNICIPAL
   33  HOUSING AUTHORITY TO ADOPT SUCH RESOLUTION AFFECTING PERSONS WHO ENTERED
   34  POLICE SERVICE PRIOR TO THIRTY DAYS SUBSEQUENT TO THE DATE  OF  ADOPTION
   35  OF THE RESOLUTION.
   36    S  3.  Subdivision  5 of section 255 of the executive law, as added by
   37  chapter 603 of the laws of 1973, is amended to read as follows:
   38    5. Notwithstanding any other provision of law or of the New York  city
   39  charter  or  administrative code, any duly appointed officer or employee
   40  of such probation department may reside in any county within the  state;
   41  PROVIDED  HOWEVER,  THAT A CITY WITH A POPULATION OF ONE MILLION OR MORE
   42  SHALL HAVE THE AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO  THE  EFFEC-
   43  TIVE  DATE OF THE AMENDMENT OF THIS SUBDIVISION WHICH ADDED THESE WORDS,
   44  REQUIRING OFFICERS AND EMPLOYEES OF THE DEPARTMENT TO BE A  RESIDENT  OF
   45  SUCH  A CITY; PROVIDED HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE SUCH
   46  LOCAL LAW TO AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE PRIOR TO THIR-
   47  TY DAYS SUBSEQUENT TO THE DATE OF ENACTMENT OF THE LOCAL LAW.
   48    S 4. This act shall take effect immediately.