STATE OF NEW YORK ________________________________________________________________________ 6052 2025-2026 Regular Sessions IN SENATE March 5, 2025 ___________ Introduced by Sen. PARKER -- 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 paid firefighters 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: 1 Section 1. Subdivision 4 of section 3 of the public officers law, as 2 amended by chapter 985 of the laws of 1965, is amended to read as 3 follows: 4 4. Except as otherwise provided in subdivision nine of this section, 5 persons heretofore or hereafter employed in the paid fire department of 6 a city, town, village or fire district shall not be deemed to be holding 7 a civil office or a local office within the meaning of this section and 8 the provisions of this section shall not apply to such persons. [The] 9 Except within a city with a population of one million or more, 10 provisions of any general, special or local law, city or village char- 11 ter, code or ordinance, or any rule or regulation requiring a person to 12 be a resident of the political subdivision or municipal corporation of 13 the state for which [he] such person shall be chosen or within which 14 [his] their official functions are required to be exercised shall not 15 apply to the appointment or continuance in office of any such person so 16 employed, if such person resides in the county, or one of the counties, 17 in which such political subdivision or municipal corporation is located. 18 § 2. Subdivision 9 of section 3 of the public officers law, as amended 19 by chapter 209 of the laws of 2006, is amended to read as follows: 20 9. Neither the provisions of this section, nor of any general, special 21 or local law, charter, code, ordinance, resolution, rule or regulation, 22 requiring a person to be a resident of the political subdivision or 23 municipal corporation of the state for which [he or she] such person EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10596-01-5
S. 6052 2 1 shall be chosen or within which [his or her] their official functions 2 are required to be exercised, shall apply to the appointment of a paid 3 member of the uniformed force of a paid fire department outside of a 4 city with a population of one million or more, who, for purposes of this 5 section shall include persons employed as fire alarm dispatchers, or to 6 the appointment of any person employed in a department of correction in 7 the correction service classification of the classified civil service, 8 or to the appointment of officers and inspectors who are employees of a 9 department of health of any city of over one million population who 10 resides (a) in the county in which such city is located; or (b) in a 11 county within the state contiguous to the county in which said city is 12 located; or (c) in a county within the state contiguous to such city; or 13 (d) in a county within the state which is not more than fifteen miles 14 from said city. 15 § 3. Subdivision 19 of section 3 of the public officers law, as added 16 by chapter 509 of the laws of 1986, is amended to read as follows: 17 19. Any person who resides in this state and who is currently employed 18 as a member of the police force[, a paid member of the uniformed force 19 of a paid fire department] or department of corrections in the correc- 20 tional service classification of the classified civil service, of a city 21 of over one million population, shall be exempt from the provisions of 22 subdivisions one, two and nine of this section upon compliance with the 23 procedure set forth in this subdivision. Any person seeking to benefit 24 from the exemption created by this subdivision shall notify [his] their 25 respective employer in writing of said intention within thirty days from 26 the effective date of this subdivision and shall specify [his] their 27 then current residence address. The exemption created by this subdivi- 28 sion shall be applicable only to said actual designated residence and 29 not to any residence that any subject currently employed member may 30 thereafter establish; provided, however, that any such currently 31 employed member who resides outside this state shall have one year from 32 the effective date of this subdivision within which to establish resi- 33 dence as required pursuant to subdivisions one, two and nine of this 34 section and comply with the notice requirements of this subdivision. 35 Said residence shall constitute a lawful residence for all purposes 36 notwithstanding any provision to the contrary of any general, special or 37 local law, charter, code, ordinance, resolution, rule or regulation. 38 § 4. Section 3 of the public officers law is amended by adding a new 39 subdivision 19-a to read as follows: 40 19-a. In a city with a population of one million or more, any person 41 appointed as a paid member of the uniformed force of a paid fire depart- 42 ment of such city shall become a resident of any political subdivision 43 or municipal corporation within such city within one year of their 44 appointment and shall continue to reside within any such political 45 subdivision or municipal corporation. No person appointed as a paid 46 member of the uniformed force of a paid fire department of such city may 47 continue such employment unless such person complies with the provisions 48 of this subdivision. 49 § 5. Subdivision 5-a of section 30 of the public officers law, as 50 added by chapter 509 of the laws of 1986, is amended to read as follows: 51 5-a. Any person who resides in this state and who is currently 52 employed as a member of the police force[, a paid member of the 53 uniformed force of a paid fire department,] or department of corrections 54 in the correctional service classification of the classified civil 55 service, of a city of over one million population, shall be exempt from 56 the provisions of paragraph (d) of subdivision one and subdivisions four
S. 6052 3 1 and five of this section upon compliance with the procedure set forth in 2 this subdivision. Any person seeking to benefit from the exemption 3 created by this subdivision shall notify [his] their respective employer 4 in writing of said intention within thirty days from the effective date 5 of this subdivision and shall specify [his] their then current residence 6 address. The exemption created by this subdivision shall be applicable 7 only to said actual designated residence and not to any residence that 8 any subject currently employed member may thereafter establish; 9 provided, however, that any such currently employed member who resides 10 outside this state shall have one year from the effective date of this 11 subdivision within which to establish residence as required pursuant to 12 paragraph (d) of subdivision one, and subdivisions four and five of this 13 section and comply with the notice requirements of this subdivision. 14 Said residence shall constitute a lawful residence for all purposes 15 notwithstanding any provision to the contrary of any general, special or 16 local law, charter, code, ordinance, resolution, rule or regulation. 17 § 6. This act shall take effect immediately.