Relates to residency requirements for certain peace officers in Monroe county; allows peace officers residing in counties adjacent to Monroe county to be appointed as peace officers for the Monroe county society for the prevention of cruelty to animals.
STATE OF NEW YORK
________________________________________________________________________
6330--A
2021-2022 Regular Sessions
IN ASSEMBLY
March 16, 2021
___________
Introduced by M. of A. BRONSON, LUNSFORD, CLARK -- read once and
referred to the Committee on Governmental Operations -- 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 certain peace officers in Monroe county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 3-b of the public officers law, as
2 separately amended by chapters 145 and 175 of the laws of 2018, is
3 amended to read as follows:
4 1. No sheriff of a county, mayor of a city, or official, or other
5 persons authorized by law to appoint special deputy sheriffs, special
6 constables, marshals, police officers, or peace officers in this state,
7 to preserve the public peace or quell public disturbance, shall hereaft-
8 er, at the instance of any agent, society, association or corporation,
9 or otherwise, appoint as such special deputy, special constable,
10 marshal, police officer, or peace officer, any person who shall not be a
11 citizen of the United States and a resident of the state of New York,
12 and entitled to vote therein at the time of his appointment, and a resi-
13 dent of the same county as the mayor or sheriff or other official making
14 such appointment; provided, however, that when, in the judgment of a
15 sheriff of a county except those counties within the city of New York a
16 situation exists which requires temporary additional assistance, such
17 sheriff may appoint special deputy sheriffs who are non-residents of the
18 county but residents of the state of New York who shall hold office
19 until such time as the appointing sheriff determines that the situation
20 no longer exists; and no person shall assume or exercise the functions,
21 powers, duties or privileges incident and belonging to the office of
22 special deputy sheriff, special constables, marshal, police officer, or
23 peace officer, without having first received his appointment in writing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10430-02-1
A. 6330--A 2
1 from the authority lawfully appointing him. Nothing herein contained,
2 however, shall apply to the appointment of a non-resident, as an emer-
3 gency special deputy sheriff, by the sheriff of any county to act when
4 such sheriff has declared a state of special emergency pursuant to the
5 provisions of section two hundred nine-f of the general municipal law.
6 Provided further, that any person otherwise qualified who resides in
7 either the county of Nassau or the county of Suffolk may at the instance
8 of a society for the prevention of cruelty to animals be appointed as a
9 peace officer by the appropriate appointing official of either of such
10 counties notwithstanding that such appointee does not reside in the same
11 county as the appointing official. Provided, further, that any person
12 qualified who resides in a county adjacent to the county of Allegany may
13 at the instance of the society for the prevention of cruelty to animals
14 for the county of Allegany be appointed as a peace officer by the appro-
15 priate appointing official of the county of Allegany. Provided, further,
16 that any person qualified who resides in a county adjacent to the county
17 of Albany may at the instance of the society for the prevention of
18 cruelty to animals for the county of Albany be appointed as a peace
19 officer by the appropriate appointing official of the county of Albany.
20 Provided, further, that any person otherwise qualified who resides in
21 the county of Orange or Westchester may at the instance of the society
22 for the prevention of cruelty to animals for the county of Rockland be
23 appointed as a peace officer by the appropriate appointing official of
24 the county of Rockland. Provided, further, that any person qualified who
25 resides in a county adjacent to the county of Monroe may at the instance
26 of the Humane Society of Rochester and Monroe County for the Prevention
27 of Cruelty to Animals, Inc., doing business as Lollypop Farm, be
28 appointed as a peace officer by the appropriate appointing official in
29 the county of Monroe.
30 § 2. This act shall take effect immediately.
