NY State Senate Bill 2021-S2984

Senate Bill S2984

2021-2022 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 Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jan 26, 2021	referred to investigations and government operations

co-Sponsors

2021-S2984 (ACTIVE) - Details

See Assembly Version of this Bill:: A1951
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§3 & 30, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8596, A10910
2023-2024: S7271, A2913

2021-S2984 (ACTIVE) - 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.

2021-S2984 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2984

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:

2019/20-S8596-B

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Effective Immediately

2021-S2984 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2984
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE, HOYLMAN, JACKSON, KRUEGER -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Investigations and Government Operations
 
 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.

                                                            LBD06217-01-1

 S. 2984                             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-TWO,  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 S2984

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Leroy Comrie

Brad Hoylman-Sigal

Robert Jackson

Liz Krueger

2021-S2984 (ACTIVE) - Details

2021-S2984 (ACTIVE) - Summary

2021-S2984 (ACTIVE) - Sponsor Memo

2021-S2984 (ACTIVE) - Bill Text download pdf

Comments