NY State Senate Bill 2017-S5438A

Senate Bill S5438A

Signed By Governor

2017-2018 Legislative Session

Relates to residency requirements for members of municipal departments of sanitation

download bill text pdf

Archive: Last Bill Status Via A7070 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 24, 2018	signed chap.220
Aug 13, 2018	delivered to governor
Jun 19, 2018	returned to assembly passed senate 3rd reading cal.613 substituted for s5438a
Jun 19, 2018	substituted by a7070a
Jun 07, 2018	amended on third reading 5438a
Mar 13, 2018	advanced to third reading
Mar 12, 2018	2nd report cal.
Mar 06, 2018	1st report cal.613
Jan 03, 2018	referred to investigations and government operations returned to senate died in assembly
Jun 19, 2017	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1957 committee discharged and committed to rules
Mar 28, 2017	referred to investigations and government operations

Votes

- Jun 19, 2018 - Floor Vote
  A7070
  
  52
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (52)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (10)
      
      Comrie
      
      Dilan
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Parker
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Sepúlveda
      
      excused (1)
      
      Croci
  Jun 19, 2017 - Floor Vote
  S5438A
  
  49
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (49)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (13)
      
      Alcantara
      
      Bailey
      
      Benjamin
      
      Dilan
      
      Hamilton
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Parker
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Squadron
      
      excused (1)
      
      Serrano
  Jun 19, 2017 - Rules Committee Vote
  S5438A
  
  18
  
  Aye
  
  4
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2017
      
      aye (18)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (4)
      
      Dilan
      
      Krueger
      
      Montgomery
      
      Parker
      
      aye wr (3)
      
      LaValle
      
      Lanza
      
      Squadron
  Mar 6, 2018 - Investigations And Government Operations Committee Vote
  S5438A
  
  5
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Mar 6, 2018
      
      aye (5)
      
      Carlucci
      
      Golden
      
      Murphy
      
      O'Mara
      
      Phillips
      
      nay (2)
      
      Benjamin
      
      Hoylman-Sigal
      
      aye wr (2)
      
      Kavanagh
      
      Lanza

Bill Amendments

Original

A (Active)

2017-S5438 - Details

See Assembly Version of this Bill:: A7070
Law Section:: Public Officers Law
Laws Affected:: Amd §§3 & 30, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6668, A9929
2015-2016: S1996, A1779

2017-S5438 - Summary

Relates to residency requirements for members of municipal departments of sanitation; removes the five years of service residency issue.

2017-S5438 - Sponsor Memo

                                 BILL NUMBER:  S5438

 TITLE OF BILL :

An act to amend the public officers law, in relation to residency
requirements for members of municipal departments of sanitation

 PURPOSE OR GENERAL IDEA OF BILL :

This bill seeks to allow members of the municipal sanitation
departments the same rights regarding residency as other city
employees after two years of service.

 SUMMARY OF PROVISIONS :

This legislation would amend subdivision 2-a of Section 3 of the
Public Officers Law to all municipal sanitation employee who has
served for two years to reside in a political subdivision or municipal
corporation which is not located more than 15 miles from the City of
New York.

 EXISTING LAW :

Currently, municipal sanitation employees must serve 5 years before
qualifying for expanded residency rights.

 JUSTIFICATION :

The statutory residency rights of New York City Uniformed Sanitation
workers were won after negotiations with the State Legislature and New
York City over thirty years ago. These residency rights allow members
of the Department of Sanitation to reside in Nassau and Westchester
Counties, in addition to the five boroughs of New York City.

Since that time, the cost of living in New York City and the counties
immediately surrounding it has skyrocketed. The prospect of owning a
home in Nassau and Westchester has become almost as remote as the
prospect of owning a home on the Upper West Side of Manhattan.

The State Legislature has extended the residency rights of other New
York City employees, including the Police Department, to include
Rockland, Orange, Putnam and Suffolk Counties. As a matter of equity
and parity, Uniformed Sanitation workers should also be allowed to
reside in these areas. They are subject to the same economic factors
as other city employees and should therefore be afforded the same
residency rights.

Additionally, it should be noted that New York City would not be
financially affected by the proposed legislation for it would still
receive its share of tax revenue, as members would still be required
to pay taxes on income earned film York City.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5438 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5438
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the  public  officers  law,  in  relation  to  residency
   requirements for members of municipal departments of sanitation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 3 of the public officers law, as
 amended by chapter 200 of the laws  of  2006,  is  amended  to  read  as
 follows:
   2-a.  Neither  the  provisions  of  this  section, nor of any general,
 special or local law, charter,  code,  ordinance,  resolution,  rule  or
 regulation,  requiring a person to be a resident of the political subdi-
 vision or municipal corporation of the  state  for  which  he  shall  be
 chosen  or  within which his official functions are required to be exer-
 cised, shall apply to the appointment of a member of the  department  of
 sanitation  of  any  municipality  of  the state who resides in a county
 within the state contiguous  to  such  municipality.  A  member  of  the
 department  of  sanitation  of  any  political  subdivision or municipal
 corporation who has [five] TWO or more years of service may  reside  (a)
 in a county in which such political subdivision or municipal corporation
 is located; or (b) in a county within the state contiguous to the county
 in which such political subdivision or municipal corporation is located;
 or  (c) in a county within the state contiguous to such political subdi-
 vision or municipal corporation; or (d) in a  county  within  the  state
 which  is not more than fifteen miles from such political subdivision or
 municipal corporation.
   § 2. Subdivision 5 of section 30 of the public officers law, as  sepa-
 rately  amended  by chapters 200 and 209 of the laws of 2006, is amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10829-01-7

 S. 5438                             2
 
   5. Neither the provisions of this section, nor of any general, special
 or local law, charter, code, ordinance, resolution, rule or  regulation,
 creating  a  vacancy  in  a  local  office of a political subdivision or
 municipal corporation if the incumbent thereof ceases to be  a  resident
 of  such  political subdivision or municipal corporation, shall apply in
 the case of a paid member of the uniformed force of a paid fire  depart-
 ment,  who,  for purposes of this section shall include persons employed
 as fire alarm dispatchers, or in the case of  a  person  employed  in  a
 department  of  correction  in  the correction service of the classified
 civil service, or in the case of a member of the department  of  sanita-
 tion  of  any  political  subdivision  or  municipal corporation who has
 [five] TWO or more years of service, or in  the  case  of  officers  and
 inspectors  employed  in  a  department  of health of a city of over one
 million population who resides (a) in the county in which said  city  is
 located; or (b) in a county within the state contiguous to the county in
 which  said city is located; or (c) in a county within the state contig-
 uous to such city; or (d) in a county within the state which is not more
 than fifteen miles from said city; or (e) in a county within  the  state
 contiguous  to a county described in item (d) hereof where the former is
 less than thirty miles from  such  political  subdivision  or  municipal
 corporation, measured from their respective nearest boundary lines.
   § 3. This act shall take effect immediately.

co-Sponsors

2017-S5438A (ACTIVE) - Details

See Assembly Version of this Bill:: A7070
Law Section:: Public Officers Law
Laws Affected:: Amd §§3 & 30, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6668, A9929
2015-2016: S1996, A1779

2017-S5438A (ACTIVE) - Summary

Relates to residency requirements for members of municipal departments of sanitation; removes the five years of service residency issue.

2017-S5438A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5438A

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to residency requirements for members of municipal departments of sani-
tation

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to allow members of the municipal sanitation departments
the same rights regarding residency as other city employees after two
years of service.

 
SUMMARY OF PROVISIONS:

This legislation would amend subdivision 2-a of Section 3 of the Public
Officers Law to a municipal sanitation employee who has served for two
Years in any city with a population of one million or more to reside in
a political subdivision or municipal corporation which is not located
more than 15 miles from the municipality which employs them.

 
JUSTIFICATION:

The statutory residency rights of New York City Uniformed Sanitation
workers were won after negotiations with the State Legislature and New
York City over thirty years ago. These residency rights allow members of
the Department of Sanitation to reside in Nassau and Westchester Coun-
ties, in addition to the five boroughs of New York City.

Since that time, the cost of living in New York City and the counties
immediately surrounding it has skyrocketed. The prospect of owning a
home in Nassau and Westchester has become almost as remote as the pros-
pect of owning a home on the Upper West Side of Manhattan.

The State Legislature has extended the residency rights of other New
York City employees, including the Police Department, to include Rock-
land, Orange, Putnam and Suffolk Counties. As a matter of equity and
parity, Uniformed Sanitation workers should also be allowed to reside in
these areas. They are subject to the same economic factors as other city
employees and should therefore be afforded the same residency rights.

Additionally, it should be noted that New York City would not be finan-
cially affected by the proposed legislation for it would still receive
its share of tax revenue, as members would still be required to pay
taxes on income earned in New York City.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5438 - Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S5438A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5438--A
     Cal. No. 613
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- recommitted to the Committee on Investigations  and
   Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, 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 members of municipal departments of sanitation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 3 of the public officers law, as
 amended by chapter 200 of the laws  of  2006,  is  amended  to  read  as
 follows:
   2-a.  Neither  the  provisions  of  this  section, nor of any general,
 special or local law, charter,  code,  ordinance,  resolution,  rule  or
 regulation,  requiring a person to be a resident of the political subdi-
 vision or municipal corporation of the  state  for  which  he  shall  be
 chosen  or  within which his official functions are required to be exer-
 cised, shall apply to the appointment of a member of the  department  of
 sanitation  of  any  municipality  of  the state who resides in a county
 within the state contiguous  to  such  municipality.  A  member  of  the
 department  of  sanitation  of  any  political  subdivision or municipal
 corporation who has five or more years of service OR IN THE  CASE  OF  A
 MEMBER  OF  THE  DEPARTMENT OF SANITATION IN A CITY WITH A POPULATION OF
 ONE MILLION OR MORE WHO HAS TWO OR MORE YEARS OF SERVICE  TO  SUCH  CITY
 may reside (a) in a county in which such political subdivision or munic-
 ipal corporation is located; or (b) in a county within the state contig-
 uous  to  the  county  in  which such political subdivision or municipal
 corporation is located; or (c) in a county within the  state  contiguous
 to  such  political  subdivision  or  municipal corporation; or (d) in a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10829-07-8

 S. 5438--A                          2
 
 county within the state which is not more than fifteen miles  from  such
 political subdivision or municipal corporation.
   §  2. Subdivision 5 of section 30 of the public officers law, as sepa-
 rately amended by chapters 200 and 209 of the laws of 2006,  is  amended
 to read as follows:
   5. Neither the provisions of this section, nor of any general, special
 or  local law, charter, code, ordinance, resolution, rule or regulation,
 creating a vacancy in a local  office  of  a  political  subdivision  or
 municipal  corporation  if the incumbent thereof ceases to be a resident
 of such political subdivision or municipal corporation, shall  apply  in
 the  case of a paid member of the uniformed force of a paid fire depart-
 ment, who, for purposes of this section shall include  persons  employed
 as  fire  alarm  dispatchers,  or  in the case of a person employed in a
 department of correction in the correction  service  of  the  classified
 civil  service,  or in the case of a member of the department of sanita-
 tion of any political subdivision or municipal corporation who has  five
 or  more  years  of  service,  or in the case of officers and inspectors
 employed in a department of health of a city of over one  million  popu-
 lation,  OR IN THE CASE OF A MEMBER OF THE DEPARTMENT OF SANITATION IN A
 CITY WITH A POPULATION OF ONE MILLION OR MORE WHO HAS TWO OR MORE  YEARS
 OF SERVICE TO SUCH CITY who resides (a) in the county in which said city
 is located; or (b) in a county within the state contiguous to the county
 in  which  said  city  is  located;  or (c) in a county within the state
 contiguous to such city; or (d) in a county within the  state  which  is
 not  more  than  fifteen miles from said city; or (e) in a county within
 the state contiguous to a county described in item (d) hereof where  the
 former  is  less  than  thirty  miles from such political subdivision or
 municipal corporation, measured from their respective  nearest  boundary
 lines.
   § 3. This act shall take effect immediately.

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