NY State Senate Bill 2023-S9548

Current Bill Status - In Senate Committee Local Government 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
Jun 17, 2024	print number 9548a
Jun 17, 2024	amend and recommit to local government
May 16, 2024	referred to local government

Bill Amendments

Original

A (Active)

2023-S9548 - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §209-h, Gen Muni L; amd §§3 & 3-b, Pub Off L

2023-S9548 - Summary

Removes the citizenship requirement for police officers and firefighters; extends eligibility to those legally authorized to work in the United States under federal law.

2023-S9548 - Sponsor Memo

                                 
BILL NUMBER: S9548

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the general municipal law and the public officers law,
in relation to removing the citizenship requirement for police officers
and firefighters

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to amend municipal law and the public offi-
cer law to allow individuals who are legally authorized to work in the
United States under federal law. To become police officers, fire fight-
ers or hold any position under the public officer law.

 
SUMMARY OF PROVISIONS:

Section 1 Amends the General Municipal Law by adding a new section §
209-h which authorizes municipalities to remove citizenship requirements
from the qualifications of police officers and firefighters.

§ 2. Amends the Public Officers Law, section 3 (1) to provide that in
addition to citizenship, one can also hold civil office if they are
authorized to work in the United States under federal law.

§ 3. Amends the Public Officers Law, section 3-b (1) to provide that
municipalities or municipal officials in appointing certain officer, in
addition to appointing people who are citizens may also appoint individ-
uals who legally authorized to work in the United States under federal
law.

 
JUSTIFICATION:

Municipalities are facing a workforce shortage in many public serving
jobs. Under current law, Citizenship is a requirement for a person to
serve as a public officer, the intent of this bill is to expand the
opportunity to New Yorkers who are legally authorized to work in the
United States under federal law. It would allow the opportunity to
people who want to serve in this public safety roles.

 
RACIAL JUSTICE IMPACT

The intent of this bill is to further close the gap on racial justice by
increasing the visibility and representation of diverse communities and
languages in the public serving workforce by creating a labor force that
better reflects the population they serve.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPACT

Not known. This bill does not require appropriation of funds.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9548 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9548
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law and the public  officers  law,
   in  relation  to removing the citizenship requirement for police offi-
   cers and firefighters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 209-h to read as follows:
   § 209-H. CITIZENSHIP REQUIREMENTS OF POLICE OFFICERS AND FIREFIGHTERS.
 NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE
 TO THE CONTRARY, THE LOCAL  GOVERNING  BODIES  OF  THE  SEVERAL  CITIES,
 TOWNS,  VILLAGES,  POLICE  AND  FIRE  DISTRICTS  OF THE STATE ARE HEREBY
 AUTHORIZED TO REMOVE, BY LOCAL LAW, RULE OR ORDINANCE,  ANY  CITIZENSHIP
 REQUIREMENTS  FROM  THE QUALIFICATIONS OF POLICE OFFICERS AND FIREFIGHT-
 ERS.
   § 2. Subdivision 1 of section 3 of the public officers law, as amended
 by chapter 251 of the laws of 2014, is amended to read as follows:
   1. No person shall be capable of holding a civil office who shall not,
 at the time [he or she]  SUCH  PERSON  shall  be  chosen  thereto,  have
 attained  the  age  of  eighteen years, except that in the case of youth
 boards, youth commissions, recreation commissions, or  community  boards
 in  the city of New York only, members of such boards or commissions may
 be under the age of eighteen years, but must have attained  the  age  of
 sixteen  years  on  or  before  appointment  to  such youth board, youth
 commission, recreation commission, or community board in the city of New
 York, be a citizen of the United States OR LEGALLY AUTHORIZED TO WORK IN
 THE UNITED STATES UNDER FEDERAL LAW, a resident of the state, and if  it
 be  a local office, a resident of the political subdivision or municipal
 corporation of the state for which [he or  she]  SUCH  PERSON  shall  be
 chosen,  or  within which the electors electing [him or her] SUCH PERSON
 reside, or within which [his or her] SUCH  PERSON'S  official  functions
 are  required  to  be  exercised[,  or  who  shall have been or shall be
 convicted of a violation of  the  selective  draft  act  of  the  United

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15580-02-4
 S. 9548                             2

 States,  enacted May eighteenth, nineteen hundred seventeen, or the acts
 amendatory or supplemental thereto, or of the federal selective training
 and service act of nineteen hundred forty or the acts amendatory thereof
 or supplemental thereto].
   § 3. Subdivision 1 of section 3-b of the public officers law, as sepa-
 rately  amended  by chapters 263 and 371 of the laws of 2021, is amended
 to read as follows:
   1. No sheriff of a county, mayor of a  city,  or  official,  or  other
 persons  authorized  by  law to appoint special deputy sheriffs, special
 constables, marshals, police officers, or peace officers in this  state,
 to preserve the public peace or quell public disturbance, shall hereaft-
 er,  at  the instance of any agent, society, association or corporation,
 or  otherwise,  appoint  as  such  special  deputy,  special  constable,
 marshal, police officer, or peace officer, any person who shall not be a
 citizen of the United States OR LEGALLY AUTHORIZED TO WORK IN THE UNITED
 STATES  UNDER  FEDERAL  LAW and a resident of the state of New York, and
 entitled to vote therein at the time of [his] SUCH PERSON'S appointment,
 and a resident of the same county as the mayor or sheriff or other offi-
 cial making such appointment; provided, however, that when, in the judg-
 ment of a sheriff of a county except those counties within the  city  of
 New  York a situation exists which requires temporary additional assist-
 ance, such sheriff may appoint special deputy sheriffs who are non-resi-
 dents of the county but residents of the state of  New  York  who  shall
 hold  office  until  such time as the appointing sheriff determines that
 the situation no longer exists; and no person shall assume  or  exercise
 the  functions,  powers,  duties or privileges incident and belonging to
 the office of  special  deputy  sheriff,  special  constables,  marshal,
 police  officer,  or  peace officer, without having first received [his]
 appointment in writing from the authority lawfully appointing [him] SUCH
 PERSON.  Nothing herein contained, however, shall apply to the  appoint-
 ment  of  a non-resident, as an emergency special deputy sheriff, by the
 sheriff of any county to act when such sheriff has declared a  state  of
 special  emergency  pursuant  to  the  provisions of section two hundred
 nine-f of the general municipal law. Provided further, that  any  person
 otherwise  qualified  who  resides in either the county of Nassau or the
 county of Suffolk may at the instance of a society for the prevention of
 cruelty to animals be appointed as a peace officer  by  the  appropriate
 appointing official of either of such counties notwithstanding that such
 appointee does not reside in the same county as the appointing official.
 Provided,  further,  that  any  person qualified who resides in a county
 adjacent to the county of Allegany may at the instance  of  the  society
 for  the  prevention of cruelty to animals for the county of Allegany be
 appointed as a peace officer by the appropriate appointing  official  of
 the county of Allegany. Provided, further, that any person qualified who
 resides in a county adjacent to the county of Albany may at the instance
 of  the  society for the prevention of cruelty to animals for the county
 of Albany be appointed as a peace officer by the appropriate  appointing
 official  of  the  county  of Albany. Provided, further, that any person
 otherwise qualified who resides in the county of Orange  or  Westchester
 may  at  the  instance  of  the society for the prevention of cruelty to
 animals for the county of Rockland be appointed as a  peace  officer  by
 the appropriate appointing official of the county of Rockland. Provided,
 further,  that  any person qualified who resides in a county adjacent to
 the county of Putnam  may  at  the  instance  of  the  society  for  the
 prevention  of  cruelty to animals for the county of Putnam be appointed
 as a peace officer by the appropriate appointing official in the  county
 S. 9548                             3
 
 of Putnam. Provided, further, that any person qualified who resides in a
 county  adjacent  to  the  county  of  Monroe may at the instance of the
 Humane Society of Rochester and Monroe  County  for  the  Prevention  of
 Cruelty  to Animals, Inc., doing business as Lollypop Farm, be appointed
 as a peace officer by the appropriate appointing official in the  county
 of Monroe.
   § 4. This act shall take effect immediately.

2023-S9548A (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §209-h, Gen Muni L; amd §§3 & 3-b, Pub Off L

2023-S9548A (ACTIVE) - Summary

Removes the citizenship requirement for police officers and firefighters; extends eligibility to those legally authorized to work in the United States under federal law.

2023-S9548A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9548A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the general municipal law and the public officers law,
in relation to removing the citizenship requirement for police officers
and firefighters

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to amend municipal law and the public offi-
cer law to allow individuals who are legally authorized to work in the
United States under federal law. To become police officers, fire fight-
ers or hold any position under the public officer law.

 
SUMMARY OF PROVISIONS:

Section 1 states that this act shall be known and may be cited as the
"We too serve NY act".

§ 2. Amends the General Municipal Law by adding a new section § 209-h

which authorizes municipalities to remove citizenship requirements from
the qualifications of police officers and firefighters.

§ 3. Amends the Public Officers Law, section 3 (1) to provide that in
addition to citizenship, one can also hold civil office if they are
authorized to work in the United States under federal law.

§ 4. Amends the Public Officers Law, section 3-b (1) to provide that
municipalities or municipal officials in appointing certain officer, in
addition to appointing people who are citizens may also appoint individ-
uals who legally authorized to work in the United States under federal
law.

§ 5. Establishes the effective date.

 
JUSTIFICATION:

Municipalities are facing a workforce shortage in many public serving
jobs. Under current law, Citizenship is a requirement for a person to
serve as a public officer, the intent of this bill is to expand the
opportunity to New Yorkers who are legally authorized to work in the
United States under federal law. It would allow the opportunity to
people who want to serve in this public safety roles.

 
AMENDED BILL:

The "A" print of the bill added that the act shall be known and may be
cited as the, "We too serve NY act".

 
RACIAL JUSTICE IMPACT

The intent of this bill is to further close the gap on racial justice by
increasing the visibility and representation of diverse communities and
languages in the public serving workforce by creating a labor force that
better reflects the population they serve.

 
LEGISLATIVE HISTORY:
New bill

 
FISCAL IMPACT

Not known. This bill does not require appropriation of funds.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9548A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9548--A
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general municipal law and the public  officers  law,
   in  relation  to removing the citizenship requirement for police offi-
   cers and firefighters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "we too
 serve NY act".
   § 2.  The general municipal law is amended by  adding  a  new  section
 209-h to read as follows:
   § 209-H. CITIZENSHIP REQUIREMENTS OF POLICE OFFICERS AND FIREFIGHTERS.
 NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE
 TO  THE  CONTRARY,  THE  LOCAL  GOVERNING  BODIES OF THE SEVERAL CITIES,
 TOWNS, VILLAGES, POLICE AND FIRE  DISTRICTS  OF  THE  STATE  ARE  HEREBY
 AUTHORIZED  TO  REMOVE, BY LOCAL LAW, RULE OR ORDINANCE, ANY CITIZENSHIP
 REQUIREMENTS FROM THE QUALIFICATIONS OF POLICE OFFICERS  AND  FIREFIGHT-
 ERS.
   § 3. Subdivision 1 of section 3 of the public officers law, as amended
 by chapter 251 of the laws of 2014, is amended to read as follows:
   1. No person shall be capable of holding a civil office who shall not,
 at  the  time  [he  or  she]  SUCH  PERSON shall be chosen thereto, have
 attained the age of eighteen years, except that in  the  case  of  youth
 boards,  youth  commissions, recreation commissions, or community boards
 in the city of New York only, members of such boards or commissions  may
 be  under  the  age of eighteen years, but must have attained the age of
 sixteen years on or  before  appointment  to  such  youth  board,  youth
 commission, recreation commission, or community board in the city of New
 York, be a citizen of the United States OR LEGALLY AUTHORIZED TO WORK IN
 THE  UNITED STATES UNDER FEDERAL LAW, a resident of the state, and if it
 be a local office, a resident of the political subdivision or  municipal
 corporation  of  the  state  for  which [he or she] SUCH PERSON shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15580-03-4
 S. 9548--A                          2
 
 chosen, or within which the electors electing [him or her]  SUCH  PERSON
 reside,  or  within  which [his or her] SUCH PERSON'S official functions
 are required to be exercised[, or  who  shall  have  been  or  shall  be
 convicted  of  a  violation  of  the  selective  draft act of the United
 States, enacted May eighteenth, nineteen hundred seventeen, or the  acts
 amendatory or supplemental thereto, or of the federal selective training
 and service act of nineteen hundred forty or the acts amendatory thereof
 or supplemental thereto].
   § 4. Subdivision 1 of section 3-b of the public officers law, as sepa-
 rately  amended  by chapters 263 and 371 of the laws of 2021, is amended
 to read as follows:
   1. No sheriff of a county, mayor of a  city,  or  official,  or  other
 persons  authorized  by  law to appoint special deputy sheriffs, special
 constables, marshals, police officers, or peace officers in this  state,
 to preserve the public peace or quell public disturbance, shall hereaft-
 er,  at  the instance of any agent, society, association or corporation,
 or  otherwise,  appoint  as  such  special  deputy,  special  constable,
 marshal, police officer, or peace officer, any person who shall not be a
 citizen of the United States OR LEGALLY AUTHORIZED TO WORK IN THE UNITED
 STATES  UNDER  FEDERAL  LAW and a resident of the state of New York, and
 entitled to vote therein at the time of [his] SUCH PERSON'S appointment,
 and a resident of the same county as the mayor or sheriff or other offi-
 cial making such appointment; provided, however, that when, in the judg-
 ment of a sheriff of a county except those counties within the  city  of
 New  York a situation exists which requires temporary additional assist-
 ance, such sheriff may appoint special deputy sheriffs who are non-resi-
 dents of the county but residents of the state of  New  York  who  shall
 hold  office  until  such time as the appointing sheriff determines that
 the situation no longer exists; and no person shall assume  or  exercise
 the  functions,  powers,  duties or privileges incident and belonging to
 the office of  special  deputy  sheriff,  special  constables,  marshal,
 police  officer,  or  peace officer, without having first received [his]
 appointment in writing from the authority lawfully appointing [him] SUCH
 PERSON.  Nothing herein contained, however, shall apply to the  appoint-
 ment  of  a non-resident, as an emergency special deputy sheriff, by the
 sheriff of any county to act when such sheriff has declared a  state  of
 special  emergency  pursuant  to  the  provisions of section two hundred
 nine-f of the general municipal law. Provided further, that  any  person
 otherwise  qualified  who  resides in either the county of Nassau or the
 county of Suffolk may at the instance of a society for the prevention of
 cruelty to animals be appointed as a peace officer  by  the  appropriate
 appointing official of either of such counties notwithstanding that such
 appointee does not reside in the same county as the appointing official.
 Provided,  further,  that  any  person qualified who resides in a county
 adjacent to the county of Allegany may at the instance  of  the  society
 for  the  prevention of cruelty to animals for the county of Allegany be
 appointed as a peace officer by the appropriate appointing  official  of
 the county of Allegany. Provided, further, that any person qualified who
 resides in a county adjacent to the county of Albany may at the instance
 of  the  society for the prevention of cruelty to animals for the county
 of Albany be appointed as a peace officer by the appropriate  appointing
 official  of  the  county  of Albany. Provided, further, that any person
 otherwise qualified who resides in the county of Orange  or  Westchester
 may  at  the  instance  of  the society for the prevention of cruelty to
 animals for the county of Rockland be appointed as a  peace  officer  by
 the appropriate appointing official of the county of Rockland. Provided,
 S. 9548--A                          3
 
 further,  that  any person qualified who resides in a county adjacent to
 the county of Putnam  may  at  the  instance  of  the  society  for  the
 prevention  of  cruelty to animals for the county of Putnam be appointed
 as  a peace officer by the appropriate appointing official in the county
 of Putnam. Provided, further, that any person qualified who resides in a
 county adjacent to the county of Monroe  may  at  the  instance  of  the
 Humane  Society  of  Rochester  and  Monroe County for the Prevention of
 Cruelty to Animals, Inc., doing business as Lollypop Farm, be  appointed
 as  a peace officer by the appropriate appointing official in the county
 of Monroe.
   § 5. This act shall take effect immediately.

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Senate Bill S9548

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2023-S9548 - Details

2023-S9548 - Summary

2023-S9548 - Sponsor Memo

2023-S9548 - Bill Text download pdf

2023-S9548A (ACTIVE) - Details

2023-S9548A (ACTIVE) - Summary

2023-S9548A (ACTIVE) - Sponsor Memo

2023-S9548A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9548

Share this bill

Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2023-S9548 - Details

2023-S9548 - Summary

2023-S9548 - Sponsor Memo

2023-S9548 - Bill Text download pdf

2023-S9548A (ACTIVE) - Details

2023-S9548A (ACTIVE) - Summary

2023-S9548A (ACTIVE) - Sponsor Memo

2023-S9548A (ACTIVE) - Bill Text download pdf

Comments