S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6202

                            I N  S E N A T E

                            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:

  Section  1.   Subdivision 1 of section 3-b of the public officers law,
as amended by chapter 480 of the laws of 2010, 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 and a resident of the state  of  New  York,
and entitled to vote therein at the time of his appointment, and a resi-
dent of the same county as the mayor or sheriff or other official making
such  appointment;  provided,  however,  that when, in the judgment of a
sheriff of a county except those counties within the city of New York  a
situation  exists  which  requires temporary additional assistance, such
sheriff may appoint special deputy sheriffs who are non-residents 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.  Nothing  herein  contained,
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

gency 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.
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 notwithstand-
ing  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.
  S 2. This act shall take effect immediately.