NY State Senate Bill 2019-S8596B

Senate Bill S8596B

2019-2020 Legislative Session

Relates to residency requirements for police officers in a city with a population of one million or more

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Archive: Last Bill Status - In Senate Committee Rules Committee

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 11, 2020	print number 8596b
Aug 11, 2020	amend and recommit to rules
Jul 09, 2020	print number 8596a
Jul 09, 2020	amend and recommit to rules
Jun 17, 2020	referred to rules

Bill Amendments

Original

B (Active)

2019-S8596 - Details

See Assembly Version of this Bill:: A10910
Current Committee:: Senate Rules
Law Section:: Public Officers Law
Laws Affected:: Amd §§3 & 30, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2984, A1951
2023-2024: S7271, A2913

2019-S8596 - Summary

Relates to residency requirements for police officers in a city with a population of one million or more; provides that any person appointed as a paid member of the police force of such city shall become a resident of any political subdivision or municipal corporation within such city within one year of his or her appointment and shall continue to reside within any political subdivision or municipal corporation.

2019-S8596 - Sponsor Memo

2019-S8596 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8596
 
                             I N  S E N A T E
 
                               June 17, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  public  officers  law,  in  relation  to  residency
   requirements  for  police  officers in 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.  Subdivision 2 of section 3 of the public officers law, as
 amended by chapter 1004 of the laws of  1966,  is  amended  to  read  as
 follows:
   2.  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 for which he OR SHE shall  be  chosen
 or  within  which  his  official functions are required to be exercised,
 shall apply to the appointment ON OR BEFORE JANUARY FIRST, TWO  THOUSAND
 TWENTY-ONE  of a person as a member of the police force of any political
 subdivision or municipal corporation of the state if such person resides
 (a) in the 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  corpo-
 ration  is  located;  or  (c) in a county within the state contiguous to
 such political subdivision or municipal corporation; or (d) in a  county
 within  the  state  contiguous  to a county described in item (c) hereof
 where the former is less than fifteen miles from such political subdivi-
 sion or municipal corporation, measured from  their  respective  nearest
 boundary  lines;  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.
   § 2. Subdivision 19 of section 3 of the public officers law, as  added
 by chapter 509 of the laws of 1986, is amended to read as follows:
   19. Any person who resides in this state and who is currently employed
 as a member of the police force EMPLOYED ON OR BEFORE JANUARY FIRST, TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16738-01-0

 S. 8596                             2
 
 THOUSAND TWENTY-ONE, a paid member of the uniformed force of a paid fire
 department  or  department  of  corrections  in the correctional service
 classification of the classified civil service, of a city  of  over  one
 million  population, shall be exempt from the provisions of subdivisions
 one, two and nine of this section upon compliance with the procedure set
 forth in this subdivision.  Any  person  seeking  to  benefit  from  the
 exemption  created  by  this  subdivision  shall  notify  his respective
 employer in writing of said intention within thirty days from the effec-
 tive date of this subdivision and shall specify his OR HER then  current
 residence  address.  The  exemption created by this subdivision shall be
 applicable only to said actual designated residence and not to any resi-
 dence that any subject currently employed member may  thereafter  estab-
 lish;  provided,  however,  that  any such currently employed member who
 resides outside this state shall have one year from the  effective  date
 of  this  subdivision  within  which  to establish residence as required
 pursuant to subdivisions one, two and nine of this  section  and  comply
 with  the  notice requirements of this subdivision. Said residence shall
 constitute a lawful  residence  for  all  purposes  notwithstanding  any
 provision to the contrary of any general, special or local law, charter,
 code,  ordinance,  resolution, rule or regulation.  SUCH EXEMPTION SHALL
 NOT APPLY TO PAID MEMBERS OF THE POLICE FORCE IN A  CITY  WITH  A  POPU-
 LATION  OF ONE MILLION OR MORE AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 TWO. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE, NO  PERSON  SHALL
 BE  APPOINTED  A  PAID MEMBER OF THE POLICE FORCE IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE THAT DOES  NOT  RESIDE  IN  THE  POLITICAL
 SUBDIVISION  OR  MUNICIPAL  CORPORATION OF THE STATE FOR WHICH HE OR SHE
 SHALL BE CHOSEN FOR ONE YEAR PRIOR TO BEING APPOINTED AND  CONTINUES  TO
 RESIDE THEREIN.
   § 3. This act shall take effect immediately.

co-Sponsors

2019-S8596A - Details

See Assembly Version of this Bill:: A10910
Current Committee:: Senate Rules
Law Section:: Public Officers Law
Laws Affected:: Amd §§3 & 30, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2984, A1951
2023-2024: S7271, A2913

2019-S8596A - Summary

2019-S8596A - Sponsor Memo

2019-S8596A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8596--A
 
                             I N  S E N A T E
 
                               June 17, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  public  officers  law, in relation to residency
   requirements for police officers in 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. Subdivision 2 of section 3 of the public officers  law,  as
 amended  by  chapter  1004  of  the  laws of 1966, is amended to read as
 follows:
   2. 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 for which he OR SHE shall be chosen
 or within which his official functions are  required  to  be  exercised,
 shall  apply to the appointment ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-ONE of a person as a member of the police force of any  political
 subdivision or municipal corporation of the state if such person resides
 (a)  in  the  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 corpo-
 ration is located; or (c) in a county within  the  state  contiguous  to
 such  political subdivision or municipal corporation; or (d) in a county
 within the state contiguous to a county described  in  item  (c)  hereof
 where the former is less than fifteen miles from such political subdivi-
 sion  or  municipal  corporation, measured from their respective nearest
 boundary lines; 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.
   §  2. Subdivision 19 of section 3 of the public officers law, as added
 by chapter 509 of the laws of 1986, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16738-02-0

 S. 8596--A                          2
 
   19. Any person who resides in this state and who is currently employed
 as a member of the police force EMPLOYED ON OR BEFORE JANUARY FIRST, TWO
 THOUSAND TWENTY-ONE, a paid member of the uniformed force of a paid fire
 department or department of  corrections  in  the  correctional  service
 classification  of  the  classified civil service, of a city of over one
 million population, shall be exempt from the provisions of  subdivisions
 one, two and nine of this section upon compliance with the procedure set
 forth  in  this  subdivision.  Any  person  seeking  to benefit from the
 exemption created  by  this  subdivision  shall  notify  his  respective
 employer in writing of said intention within thirty days from the effec-
 tive  date of this subdivision and shall specify his OR HER then current
 residence address. The exemption created by this  subdivision  shall  be
 applicable only to said actual designated residence and not to any resi-
 dence  that  any subject currently employed member may thereafter estab-
 lish; provided, however, that any such  currently  employed  member  who
 resides  outside  this state shall have one year from the effective date
 of this subdivision within which  to  establish  residence  as  required
 pursuant  to  subdivisions  one, two and nine of this section and comply
 with the notice requirements of this subdivision. Said  residence  shall
 constitute  a  lawful  residence  for  all  purposes notwithstanding any
 provision to the contrary of any general, special or local law, charter,
 code, ordinance, resolution, rule or regulation.   SUCH EXEMPTION  SHALL
 NOT  APPLY  TO  PAID  MEMBERS OF THE POLICE FORCE IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-
 TWO.  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY-ONE, NO PERSON SHALL
 BE APPOINTED A PAID MEMBER OF THE POLICE FORCE IN A CITY  WITH  A  POPU-
 LATION OF ONE MILLION OR MORE THAT DOES NOT RESIDE IN A POLITICAL SUBDI-
 VISION  OR  MUNICIPAL CORPORATION OF SUCH CITY FOR WHICH HE OR SHE SHALL
 BE CHOSEN FOR ONE YEAR PRIOR TO BEING APPOINTED AND CONTINUES TO  RESIDE
 THEREIN.
   § 3. This act shall take effect immediately.

co-Sponsors

2019-S8596B (ACTIVE) - Details

See Assembly Version of this Bill:: A10910
Current Committee:: Senate Rules
Law Section:: Public Officers Law
Laws Affected:: Amd §§3 & 30, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2984, A1951
2023-2024: S7271, A2913

2019-S8596B (ACTIVE) - Summary

2019-S8596B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8596B

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public officers law, in relation to residency
requirements for police officers in a city with a population of one
million or more

 
PURPOSE OR GENERAL IDEA OF BILL:

The proposed legislation will require that NYPD officer live within one
of the five boroughs of either Brooklyn, Manhattan, Queens, Bronx, or
Staten Island.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 2 of section 3 of the public officers law
to limit the blanket prohibition against residency requirement to cities
with a population of less than one million.

Section 2 amends subdivision 19 of section 3 of the public officers law
to remove police officers from the exemption provision.

Section 3 amends section 3 of the public officers law to add a new
subdivision 19-a that requires, in a city with a population of one
million or more, any person appointed as a police officer to become a
resident of any of the political subdivision or municipal corporation
within the city. The section provides officers with a one-year window
after his or her appointment to establish residency, and creates a
continuing residency requirement thereafter.

Section 4 amends paragraph 1 of subdivision 4 of section 30 of the
public officers law to establish a grandfather provision for officers
employed prior to January first, two thousand twenty-one.

 
JUSTIFICATION:

The makeup of the New York City's police force lacks proportionality to
the demographics of the city as a whole. According to the NYPD's own
2019 Enforcement Report, white police officers of all ranks account for
about 50 percent of the NYPD, while Black and Hispanic officers are
about 15 percent and 28 percent of the NYPD, respectively. In a city
where white residents account for 33 percent of the population, these
figures are indicative of a stark racial divide in the NYPD and an indi-
cation that a majority of NYPD officers originate outside of the five
boroughs.

Reserving NYPD jobs for NYC residents will provide the city's minority
community with gainful employment. Outside of the current pandemic year,
for the previous 5 years the city had an average unemployment rate
slightly under 5 percent, last year the city's unemployment rate was
about 4 percent, with the national unemployment rate at 3.5 percent.
Black and Hispanic New York City residents had an unemployment rate of
5.4 percent and 5.0 respectively. The law enforcement jobs provided by
the NYPD will be able to go directly to NYC residents to alleviate the
burden of NYC residents.  The proposed residency requirement for police
officers aims to improve the relationship between police officers and
the community they serve.  Residency is particularly important in city
like New York. A residency requirement will ensure that officers truly
understand the communities they serve; in a city such as New York, it is
imperative that officers are familiar with the culture and norms of the
city's residents. Officers who live in the city they serve will have a
greater understating of the city's condition and a greater personal
stake in the city's progress.

Finally, the salaries paid to NYPD officers should recirculate within
the public and private economy of the city that pays those salaries.  92
percent of the NYPD's budget is funded by the city, with a majority of
the NYPD's budget being used for salaries and wages.  Unfortunately,
Officers that do not live in the city do not help to replenish the
city's budget. Officers who live in the city are not only subjected to
the city's taxes but also will spend a good portion of their salaries in
the communities they live; this will ensure that the expended tax reven-
ues used to pay those salaries will ultimately return to the city.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Effective Immediately

2019-S8596B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8596--B
 
                             I N  S E N A T E
 
                               June 17, 2020
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  public  officers  law, in relation to residency
   requirements for police officers in 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. Subdivision 2 of section 3 of the public officers  law,  as
 amended  by  chapter  1004  of  the  laws of 1966, is amended to read as
 follows:
   2. [Neither] IN A CITY  WITH  A  POPULATION  LESS  THAN  ONE  MILLION,
 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 for which he OR SHE shall  be  chosen
 or  within  which  his  official functions are required to be exercised,
 shall apply to the appointment of a person as a  member  of  the  police
 force of any political subdivision or municipal corporation of the state
 if  such person resides (a) in the county in which such political subdi-
 vision 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 subdivision or  municipal  corporation;  or
 (d)  in  a  county  within the state contiguous to a county described in
 item (c) hereof where the former is less than fifteen  miles  from  such
 political  subdivision  or  municipal  corporation,  measured from their
 respective nearest boundary lines; 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16738-07-0

 S. 8596--B                          2
 
   §  2. Subdivision 19 of section 3 of the public officers law, as added
 by chapter 509 of the laws of 1986, is amended to read as follows:
   19. Any person who resides in this state and who is currently employed
 as  [a member of the police force,] a paid member of the uniformed force
 of a paid fire department or department of corrections  in  the  correc-
 tional service classification of the classified civil service, of a city
 of  over  one million population, shall be exempt from the provisions of
 subdivisions one, two and nine of this section upon compliance with  the
 procedure  set  forth in this subdivision. Any person seeking to benefit
 from the exemption created by this subdivision shall notify his  respec-
 tive  employer  in writing of said intention within thirty days from the
 effective date of this subdivision and shall specify  his  OR  HER  then
 current  residence  address.  The  exemption created by this subdivision
 shall be applicable only to said actual designated residence and not  to
 any  residence that any subject currently employed member may thereafter
 establish; provided, however, that any such  currently  employed  member
 who  resides  outside  this state shall have one year from the effective
 date of this subdivision within which to establish residence as required
 pursuant to subdivisions one, two and nine of this  section  and  comply
 with  the  notice requirements of this subdivision. Said residence shall
 constitute a lawful  residence  for  all  purposes  notwithstanding  any
 provision to the contrary of any general, special or local law, charter,
 code, ordinance, resolution, rule or regulation.
   §  3.  Section 3 of the public officers law is amended by adding a new
 subdivision 19-a to read as follows:
   19-A. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE,  ANY  PERSON
 APPOINTED AS A PAID MEMBER OF THE POLICE FORCE OF SUCH CITY SHALL BECOME
 A  RESIDENT OF ANY POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION WITHIN
 SUCH CITY WITHIN ONE YEAR OF HIS OR HER APPOINTMENT AND  SHALL  CONTINUE
 TO  RESIDE  WITHIN  ANY  SUCH  POLITICAL SUBDIVISION OR MUNICIPAL CORPO-
 RATION.  NO PERSON APPOINTED AS A PAID MEMBER OF SUCH POLICE  FORCE  MAY
 CONTINUE  SUCH  EMPLOYMENT UNLESS HE OR SHE COMPLIES WITH THE PROVISIONS
 OF THIS SUBDIVISION.
   § 4. Paragraph 1 of subdivision 4 of section 30 of the public officers
 law, as amended by chapter 173 of the laws of 1962, is amended  to  read
 as follows:
   (1)  If  such  person  was  appointed as a member of such police force
 prior to [July first, nineteen hundred  sixty-one]  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-ONE,  shall  reside in any such county on such date and
 shall continue to reside in any such county after such date, or
   § 5. This act shall take effect immediately.

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Senate Bill S8596B

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2019-S8596 - Details

2019-S8596 - Summary

2019-S8596 - Sponsor Memo

2019-S8596 - Bill Text download pdf

co-Sponsors

Leroy Comrie

2019-S8596A - Details

2019-S8596A - Summary

2019-S8596A - Sponsor Memo

2019-S8596A - Bill Text download pdf

co-Sponsors

Leroy Comrie

Brad Hoylman-Sigal

Robert Jackson

Liz Krueger

2019-S8596B (ACTIVE) - Details

2019-S8596B (ACTIVE) - Summary

2019-S8596B (ACTIVE) - Sponsor Memo

2019-S8596B (ACTIVE) - Bill Text download pdf

Comments