Provides that requirements for certain positions do not apply to persons employed as an auxiliary police officer or special deputy sheriff.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the public officers law, in relation to residency requirements for certain positions
SUMMARY OF PROVISIONS:
Section one amends section 3-b of the public officers law by adding a new subdivision 6, providing that persons employed or appointed as an auxiliary police officer or a special deputy sheriff need not be a resident of the political subdivision or municipal corporation that employed or appointed such person.
Section two is the effective date.
JUSTIFICATION: This legislation would provide more flexibility for local governments in the employment or appointment of certain peace officers, specifically auxiliary police officers and special deputy sheriffs. Under current law, certain local governments are required to have auxiliary police or special deputy sheriffs to perform emergency civil defense functions. Auxiliary police are volunteers. Because of the difficult economic times across our state, many local governments are experiencing difficulty in recruiting and retaining auxiliary police and special deputy sheriffs. Allowing local governments to accept these officers from neighboring counties will help resolve this problem.
LEGISLATIVE HISTORY: S7629/A10626 of 2011-12; Referred to Governmental Operations
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1122--B Cal. No. 573 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public officers law, in relation to residency requirements for certain positions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3-b of the public officers law is amended by adding a new subdivision 6 to read as follows: 6. 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 BY WHICH HE OR SHE IS EMPLOYED OR APPOINTED, SHALL APPLY TO A PERSON EMPLOYED OR APPOINTED BY A POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE AS AN AUXILIARY POLICE OFFICER OR SPECIAL DEPUTY SHERIFF, PROVIDED THAT SUCH AUXILIARY POLICE OFFICER OR SPECIAL DEPUTY SHERIFF IS TRAINED AND REGISTERED PURSUANT TO THE PROVISIONS OF SECTION EIGHT HUNDRED FORTY-FIVE OF THE EXECUTIVE LAW; AND PROVIDED, FURTHER, THAT SUCH AUXILIARY POLICE OFFICER OR SPECIAL DEPUTY SHERIFF RESIDES IN THE COUNTY IN WHICH SUCH POLITICAL SUBDIVISION IS LOCATED OR AN ADJOINING COUNTY WITHIN THE STATE. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY HAVING A POPULATION OF ONE MILLION OR MORE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02283-05-3