S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4056

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

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:

  Section  1.  Section 3 of the public officers law is amended by adding
two new subdivisions 64 and 65 to read as follows:
  64. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO,  TWO-A,  FOUR,
EIGHT  AND NINE OF THIS SECTION, A CITY WITH A POPULATION OF ONE MILLION
OR MORE SHALL HAVE THE AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO  THE
EFFECTIVE  DATE  OF THIS SUBDIVISION REQUIRING PERSONS, WHO WOULD OTHER-
WISE BE EXEMPT FROM MUNICIPAL RESIDENCY REQUIREMENTS BY STATE LAW, TO BE
A RESIDENT OF SUCH A CITY; PROVIDED HOWEVER, THAT NOTHING  HEREIN  SHALL
AUTHORIZE SUCH LOCAL LAW TO AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE
PRIOR  TO  THIRTY  DAYS SUBSEQUENT TO THE DATE OF ENACTMENT OF THE LOCAL
LAW.
  65. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  ANY  LAW  OR  REGULATION
RELATING  TO  THE  RESIDENCY OF POLICE OFFICERS OF A PUBLIC AUTHORITY OR
MUNICIPAL HOUSING AUTHORITY OPERATING A POLICE FORCE WITHIN A CITY  WITH
A  POPULATION OF ONE MILLION OR MORE, AND NOTWITHSTANDING THE PROVISIONS
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.
                                                           LBD05292-01-5
              

A. 4056                             2

HOUSING  AUTHORITY IN A CITY WITH A POPULATION OF ONE MILLION OR MORE TO
ESTABLISH RESIDENCY REQUIREMENTS FOR MEMBERS OF ITS POLICE  FORCE,  SUCH
AUTHORITIES SHALL HAVE THE POWER TO ADOPT A RESOLUTION SUBSEQUENT TO THE
EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING MEMBERS OF THE POLICE FORCE
OF  SUCH PUBLIC AUTHORITY OR MUNICIPAL HOUSING AUTHORITY TO BE RESIDENTS
OF SUCH CITY; PROVIDED, HOWEVER, THAT  NOTHING  HEREIN  SHALL  AUTHORIZE
SUCH  PUBLIC  AUTHORITY  OR  MUNICIPAL  HOUSING  AUTHORITY TO ADOPT SUCH
RESOLUTION AFFECTING PERSONS WHO ENTERED POLICE SERVICE PRIOR TO  THIRTY
DAYS SUBSEQUENT TO THE DATE OF ADOPTION OF THE RESOLUTION.
  S  2.  Section  30 of the public officers law is amended by adding two
new subdivisions 9 and 10 to read as follows:
  9. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS FOUR, FOUR-A, FOUR-B
AND FIVE OF THIS SECTION, A CITY WITH A POPULATION  OF  ONE  MILLION  OR
MORE  SHALL  HAVE  THE  AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO THE
EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING PERSONS, WHO  WOULD  OTHER-
WISE  BE  EXEMPT  FROM MUNICIPAL RESIDENCY REQUIREMENTS BY STATE LAW, TO
VACATE HIS OR HER OFFICE UPON CEASING TO BE A RESIDENT OF SUCH  A  CITY;
PROVIDED  HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE SUCH LOCAL LAW TO
AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE PRIOR TO THIRTY DAYS SUBSE-
QUENT TO THE DATE OF ENACTMENT OF THE LOCAL LAW.
  10. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  ANY  LAW  OR  REGULATION
RELATING  TO  THE  RESIDENCY OF POLICE OFFICERS OF A PUBLIC AUTHORITY OR
MUNICIPAL HOUSING AUTHORITY OPERATING A POLICE FORCE WITHIN A CITY  WITH
A  POPULATION OF ONE MILLION OR MORE, AND NOTWITHSTANDING THE PROVISIONS
OF ANY LAW RELATING TO THE POWER OF  A  PUBLIC  AUTHORITY  OR  MUNICIPAL
HOUSING  AUTHORITY IN A CITY WITH A POPULATION OF ONE MILLION OR MORE TO
ESTABLISH RESIDENCY REQUIREMENTS FOR MEMBERS OF ITS POLICE  FORCE,  SUCH
AUTHORITIES SHALL HAVE THE POWER TO ADOPT A RESOLUTION SUBSEQUENT TO THE
EFFECTIVE DATE OF THIS SUBDIVISION REQUIRING MEMBERS OF THE POLICE FORCE
OF  SUCH PUBLIC AUTHORITY OR MUNICIPAL HOUSING AUTHORITY TO VACATE THEIR
OFFICES UPON CEASING TO BE RESIDENTS OF SUCH  CITY;  PROVIDED,  HOWEVER,
THAT  NOTHING  HEREIN SHALL AUTHORIZE SUCH PUBLIC AUTHORITY OR MUNICIPAL
HOUSING AUTHORITY TO ADOPT SUCH RESOLUTION AFFECTING PERSONS WHO ENTERED
POLICE SERVICE PRIOR TO THIRTY DAYS SUBSEQUENT TO THE DATE  OF  ADOPTION
OF THE RESOLUTION.
  S  3.  Subdivision  5 of section 255 of the executive law, as added by
chapter 603 of the laws of 1973, is amended to read as follows:
  5. Notwithstanding any other provision of law or of the New York  city
charter  or  administrative code, any duly appointed officer or employee
of such probation department may reside in any county within the  state;
PROVIDED  HOWEVER,  THAT A CITY WITH A POPULATION OF ONE MILLION OR MORE
SHALL HAVE THE AUTHORITY TO ENACT A LOCAL LAW SUBSEQUENT TO  THE  EFFEC-
TIVE  DATE OF THE AMENDMENT OF THIS SUBDIVISION WHICH ADDED THESE WORDS,
REQUIRING OFFICERS AND EMPLOYEES OF THE DEPARTMENT TO BE A  RESIDENT  OF
SUCH  A CITY; PROVIDED HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE SUCH
LOCAL LAW TO AFFECT PERSONS WHO ENTERED SUCH CITY SERVICE PRIOR TO THIR-
TY DAYS SUBSEQUENT TO THE DATE OF ENACTMENT OF THE LOCAL LAW.
  S 4. This act shall take effect immediately.