Bill Text: NY S06327 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to residency requirements for certain peace officers in Putnam county; allows peace officers residing in counties adjacent to Putnam county to be appointed as peace officers for the Putnam county society for the prevention of cruelty to animals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-06-07 - SUBSTITUTED BY A7639 [S06327 Detail]

Download: New_York-2021-S06327-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6327

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 21, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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 certain peace officers in Putnam 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
    24  from the authority lawfully appointing him.  Nothing  herein  contained,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11031-01-1
        S. 6327                             2

     1  however,  shall  apply to the appointment of a non-resident, as an emer-
     2  gency special deputy sheriff, by the sheriff of any county to  act  when
     3  such  sheriff  has declared a state of special emergency pursuant to the
     4  provisions  of  section two hundred nine-f of the general municipal law.
     5  Provided further, that any person otherwise  qualified  who  resides  in
     6  either the county of Nassau or the county of Suffolk may at the instance
     7  of  a society for the prevention of cruelty to animals be appointed as a
     8  peace officer by the appropriate appointing official of either  of  such
     9  counties notwithstanding that such appointee does not reside in the same
    10  county  as  the  appointing official. Provided, further, that any person
    11  qualified who resides in a county adjacent to the county of Allegany may
    12  at the instance of the society for the prevention of cruelty to  animals
    13  for the county of Allegany be appointed as a peace officer by the appro-
    14  priate appointing official of the county of Allegany. Provided, further,
    15  that any person qualified who resides in a county adjacent to the county
    16  of  Albany  may  at  the  instance  of the society for the prevention of
    17  cruelty to animals for the county of Albany  be  appointed  as  a  peace
    18  officer  by the appropriate appointing official of the county of Albany.
    19  Provided, further, that any person otherwise qualified  who  resides  in
    20  the  county  of Orange or Westchester may at the instance of the society
    21  for the prevention of cruelty to animals for the county of  Rockland  be
    22  appointed  as  a peace officer by the appropriate appointing official of
    23  the county of Rockland. Provided, further, that any person qualified who
    24  resides in a county adjacent to the county of Putnam may at the instance
    25  of the society for the prevention of cruelty to animals for  the  county
    26  of  Putnam be appointed as a peace officer by the appropriate appointing
    27  official in the county of Putnam.
    28    § 2. This act shall take effect immediately.