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S06202 Summary:

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S06202 Floor Votes:

S06202 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6202
 
                    IN SENATE
 
                                    January 12, 2012
                                       ___________
 
        Introduced  by  Sen.  YOUNG  -- 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  authorizing
          non-residents of the county of Allegany to be appointed as peace offi-
          cers  by  the society for the prevention of cruelty to animals of such
          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,
     2  as amended by chapter 480 of the laws of 2010, is  amended  to  read  as
     3  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

    24  from the authority lawfully appointing him.  Nothing  herein  contained,
    25  however,  shall  apply to the appointment of a non-resident, as an emer-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13940-01-2
        S. 6202                             2
 
     1  gency special deputy sheriff, by the sheriff of any county to  act  when
     2  such  sheriff  has declared a state of special emergency pursuant to the
     3  provisions of section two hundred nine-f of the general  municipal  law.
     4  Any  person  otherwise  qualified  who  resides  in either the county of
     5  Nassau or the county of Suffolk may at the instance of a society for the
     6  prevention of cruelty to animals be appointed as a peace officer by  the

     7  appropriate appointing official of either of such counties notwithstand-
     8  ing  that  such  appointee  does  not  reside  in the same county as the
     9  appointing official. Provided, further, that any  person  qualified  who
    10  resides  in  a  county  adjacent  to  the  county of Allegany may at the
    11  instance of the society for the prevention of cruelty to animals for the
    12  county of Allegany be appointed as a peace officer  by  the  appropriate
    13  appointing official of the county of Allegany.
    14    § 2. This act shall take effect immediately.