Bill S3489A-2011

Relates to certain residency requirements for certain positions

Provides that requirements for certain positions do not apply to persons employed by a city with a population of over one million so long as he or she is a resident of New York, Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or Putnam county.

Details

Actions

  • Jun 20, 2011: SUBSTITUTED BY A289B
  • Jun 20, 2011: ORDERED TO THIRD READING CAL.1420
  • Jun 20, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 25, 2011: PRINT NUMBER 3489A
  • May 25, 2011: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Feb 23, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2011
Ayes (20): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Montgomery, Smith, Stewart-Cousins
Ayes W/R (1): Perkins
Nays (3): Hassell-Thompson, Krueger, Parker

Memo

BILL NUMBER:S3489A

TITLE OF BILL: An act to amend the public officers law, in relation to certain residency requirements for certain positions

PURPOSE: The purpose of this bill is to allow residents of Nassau, Westchester, Suffolk, Orange, Rockland, or Putnam counties to satisfy the residency requirements of section 3-b of the Public Officers Law, should they be employed in any of the peace officer titles listed in this bill.

SUMMARY OF PROVISIONS: Section 1 amends section 3-b of the Public Officers law by adding a new subdivision 4 allowing persons holding any of the titles listed within the section to satisfy the residency requirement of section 3-b of Article 2 of the Public Officers Law if he or she resides in Nassau, Suffolk, Orange, Rockland or Putnam counties following two years of continuous service residing within New York City.

JUSTIFICATION: In 2009, the City of New York amended its residency requirement, Local Law 10 of 2009, to permit an employee of the City of New York to reside in Nassau, Westchester, Suffolk, Orange, Rockland, or Putnam counties following two years of employment while residing within New York City. Because these counties have lower costs of living than the counties of the City of New York, these residency provisions provide employees an opportunity to decrease their cost of living. However, employees must reside within the City of New York for two years before they are eligible for this residency exemption. Employers in the City of New York that have the power to enforce this city law strictly adhere to it, and employees found to be in violation are terminated.

Presently, the New York City law does not extend the residency exemption to the titles listed in this bill, peace officers subject to New York State Public Officers Law. This bill would place the peace officers listed in the same position as all other employees that are granted a reprieve from high cost of living expenses after two years of continuous employment.

Chapter 480 of the Laws of 2010 provided New York City fire protection inspectors, urban park rangers and traffic enforcement agents level IV the same residency requirement of Local Law 10 of 2009. This bill simply extends the residency exemption to the peace officer titles listed in the bill.

LEGISLATIVE HISTORY: 2009-2010: S.7745 - Referred to Investigations and Government Operations

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3489--A 2011-2012 Regular Sessions IN SENATE February 23, 2011 ___________
Introduced by Sens. SALAND, PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law, in relation to certain residen- cy requirements for certain positions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading of section 3-b of the public officers law, as amended by chapter 480 of the laws of 2010, is amended to read as follows: Special peace officers to be citizens; OTHER RESIDENCY REQUIREMENTS. S 2. Section 3-b of the public officers law is amended by adding a new subdivision 4 to read as follows: 4. 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, SHALL APPLY TO A PERSON EMPLOYED BY A CITY WITH A POPULATION OF OVER ONE MILLION IN THE TITLES OF SPECIAL OFFICER, SENIOR SPECIAL OFFICER, PRIN- CIPAL SPECIAL OFFICER AND SUPERVISING SPECIAL OFFICER AS "SPECIAL OFFI- CER" IS DEFINED IN SUBDIVISION FORTY OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, EVIDENCE AND PROPERTY CONTROL SPECIALISTS, TAXI AND LIMOUSINE INSPECTOR, TAXI AND LIMOUSINE INSPECTOR (MOTOR VEHICLES), SENIOR TAXI AND LIMOUSINE INSPECTOR, SENIOR TAXI AND LIMOUSINE INSPECTOR (MOTOR VEHICLES), ASSOCIATE TAXI AND LIMOUSINE INSPECTOR, SUPERVISING TAXI AND LIMOUSINE INSPECTOR, SUPERVISING TAXI AND LIMOUSINE INSPECTOR (MOTOR VEHICLES), EDUCATION FACILITIES OFFICERS L1 (FORMERLY SCHOOL GUARDS), EDUCATION FACILITIES OFFICERS L2 (FORMERLY SCHOOL SAFETY OFFI- CERS), HOSPITAL SECURITY OFFICERS, CAMPUS SECURITY OFFICER, CAMPUS PEACE OFFICER, COLLEGE SECURITY SPECIALIST, CAMPUS PUBLIC SAFETY SERGEANT,
CAMPUS SECURITY ASSISTANT OR SCHOOL GUARD (SCHOOL SAFETY AGENT), PROVIDED THAT HE OR SHE HAS COMPLETED TWO YEARS OF EMPLOYMENT WITH THE CITY OF NEW YORK AND IS A RESIDENT OF NEW YORK, KINGS, QUEENS, BRONX, RICHMOND, NASSAU, WESTCHESTER, SUFFOLK, ORANGE, ROCKLAND OR PUTNAM COUN- TY. S 3. This act shall take effect immediately.

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