BILL NUMBER: S5787           Revised 1/17/18

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to authorizing the waiver of citizenship requirements for certain police
and firefighters

 
PURPOSE:

Authorizes the local governing board of cities, counties, towns,
villages, police, and fire districts of the state to waive citizenship
requirements from the qualifications for police and firefighters upon
submission of proof of having received an honorable or general discharge
from the United States Armed Forces, Reserves, National Guard, New York
Guard, and/or New York Naval Militia.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds subdivision 1-b to § 3 of the public offi-
cers law which authorizes the local governing bodies of cities, coun-
ties, towns, villages, police, and fire districts to waive any citizen-
              

ship requirements from the qualifications for appointment as a police
officer or a firefighter upon the submission by the police officer or
firefighter candidate proof of having received an honorable or general
discharge from the United States Army, Navy, Air Force, Marines, Coast
Guard, and/or Reserves thereof, and/or the Army National Guard, Air
National Guard, New York Guard and/or New York Naval Militia and also
requires that the candidate have never been convicted of a crime as
defined in subdivision six of section 10.00 of the penal law.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Current law only allows for United States citizens to become members of
police and fire departments, including the New York City Police Depart-
ment and the Fire Department of New York. This legislation would expand
the employment eligibility requirements for these positions to include
permanent residents who submit proof of service in the United States
military forces and of an honorable or general discharge.

About 40 percent of New York City's population is comprised of immi-
grants who are law abiding citizens and who share its tax burden.  The
New York Police Department and the Fire Department of New York, and
other municipal police and fire departments, should be allowed to
receive the benefit the employment of permanent residents who have
served in the United States Military and received an honorable or gener-
al discharge.

This bill will allow for the New York City Police Department and the
Fire Department of New York to include employees who are reflective of
its community as a whole. Legal permanent residents are permitted by the
federal government to serve in the United States military; and the
history of the United States is replete with heroic, patriotic, and
honorable service by immigrants who served and even died while they were
still non-citizens. If these New Yorkers can be called upon to serve in
the U.S. military to defend and die for our country, then they should
also be allowed to serve in the FDNY and NYPD, and in other police and
fire departments of the counties, towns, villages, and cities of the
state. Enactment of this legislation will allow local governments to
include permanent residents who have served in the United States mili-
tary and received an honorable or general discharge to contribute valu-
able public service within their communities.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5787 - Referred to Investigations & Governmental Operations /
A3575-A - Referred to Governmental Operations
2015-2016: A.4953 - Referred to Governmental Operations
2014: A.9791-C - Referred to Rules

 
FISCAL IMPLICATIONS:

None to the State.