The New York State Senate

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

                                 2872--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2017
                               ___________

Introduced  by M. of A. MURRAY, GRAF, MALLIOTAKIS, ERRIGO, CROUCH, McDO-
  NOUGH,  RA,  DiPIETRO,  McLAUGHLIN,   BYRNE,   B. MILLER,   MONTESANO,
  LAWRENCE,  BLANKENBUSH,  JOHNS, LOPEZ, HAWLEY, BRABENEC, LALOR, CURRAN
  -- 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 executive law and  the  general  municipal  law,  in
  relation  to  prohibiting  local  government action which prevents the
  enforcement of federal laws

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (u) of subdivision 2 of section 709 of the execu-
tive law is relettered paragraph (v) and a new paragraph (u) is added to
read as follows:
  (U) DEVELOP A PLAN, IN CONJUNCTION WITH THE STATE POLICE, TO DETERMINE
WHETHER  A COUNTY, CITY, TOWN OR VILLAGE, ANY AGENCY, OFFICE, DEPARTMENT
OR AUTHORITY THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE
DEPARTMENT OR DISTRICT ATTORNEY'S  OFFICE  IS  IN  COMPLIANCE  WITH  THE
REQUIREMENTS OF SECTION ONE HUNDRED THIRTY-NINE-E OF THE GENERAL MUNICI-
PAL  LAW.  TOGETHER,  THE  COMMISSIONER  AND SUPERINTENDENT OF THE STATE
POLICE SHALL COMPILE A LIST OF LOCAL GOVERNMENT ENTITIES THAT ARE DEEMED
TO BE IN VIOLATION OF SECTION ONE HUNDRED THIRTY-NINE-E OF  THE  GENERAL
MUNICIPAL  LAW.  THIS  LIST  SHALL  BE  UPDATED  MONTHLY,  AND  SHALL BE
FORWARDED TO THE COMPTROLLER.
  § 2. The general municipal law is amended  by  adding  a  new  section
139-e to read as follows:
  §  139-E.  PROHIBITION  AGAINST LOCAL GOVERNMENT ACTION PREVENTING THE
ENFORCEMENT OF FEDERAL LAWS. 1. IN ACCORDANCE  WITH  ARTICLES  NINE  AND
THIRTEEN  OF  THE CONSTITUTION, NO COUNTY, CITY, TOWN OR VILLAGE, OR ANY
AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF, INCLUDING  A  SHERIFF'S
DEPARTMENT,  MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTORNEY'S OFFICE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00980-03-7

A. 2872--A                          2

OR THE GOVERNING BODY THEREOF, SHALL ADOPT ANY RULE,  ORDER,  ORDINANCE,
LOCAL  LAW  OR  POLICY,  EITHER  FORMALLY  OR INFORMALLY, PROHIBITING OR
INHIBITING THE FOLLOWING:
  (A)  THE  COMPLIANCE  WITH  A DETAINER REQUEST ISSUED BY A FEDERAL LAW
ENFORCEMENT AGENCY, PERTAINING TO AN INDIVIDUAL LAWFULLY DETAINED BY THE
LOCAL GOVERNMENT ENTITY; OR
  (B) THE ABILITY OF FEDERAL LAW  ENFORCEMENT  OFFICIALS  TO  ENTER  AND
CONDUCT  ENFORCEMENT ACTIVITIES AT A MUNICIPAL OR COUNTY JAIL, IN FURTH-
ERANCE OF THEIR DUTY TO ENFORCE FEDERAL LAWS.
  2. FOR PURPOSES OF THIS SECTION, A "FEDERAL  LAW  ENFORCEMENT  AGENCY"
INCLUDES THE:
  (A) UNITED STATES CENTRAL INTELLIGENCE AGENCY,
  (B) UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
  (C) UNITED STATES DEPARTMENT OF JUSTICE,
  (D) UNITED STATES DRUG ENFORCEMENT ADMINISTRATION,
  (E) FEDERAL AIR MARSHAL SERVICE,
  (F) FEDERAL BUREAU OF INVESTIGATION,
  (G) FEDERAL EMERGENCY MANAGEMENT AGENCY,
  (H) FEDERAL PROTECTIVE SERVICE,
  (I) UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT,
  (J) NATIONAL PARK SERVICE,
  (K) UNITED STATES SECRET SERVICE,
  (L) TRANSPORTATION SECURITY ADMINISTRATION,
  (M) UNITED STATES COAST GUARD,
  (N) UNITED STATES CUSTOMS AND BORDER PROTECTION, AND
  (O) UNITED STATES MARSHALS.
  3.  (A)  A  PERSON  SHALL NOT BE CONSIDERED TO BE LAWFULLY DETAINED IF
SUCH CONTACT WITH LAW ENFORCEMENT IS FOR  THE  PURPOSE  OF  REPORTING  A
CRIME  OR  SUSPECTED CRIMINAL ACTIVITY, OR WHEN THE PURPOSE IS TO ASSIST
LAW ENFORCEMENT WITH AN INVESTIGATION.
  (B) THIS SECTION SHALL NOT  APPLY  TO  ANY  SCHOOL  DISTRICT,  CHARTER
SCHOOL OR MUNICIPAL HEALTH SERVICES FACILITY.
  4.  (A)  NO  STATE  FUNDING  SHALL BE APPROPRIATED OR DISBURSED TO ANY
COUNTY, CITY, TOWN OR VILLAGE, OR  ANY  AGENCY,  OFFICE,  DEPARTMENT  OR
AUTHORITY  THEREOF,  INCLUDING  A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE
DEPARTMENT OR DISTRICT ATTORNEY'S OFFICE, DETERMINED TO BE IN  VIOLATION
OF THIS SECTION, PURSUANT TO PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION
SEVEN HUNDRED NINE OF THE EXECUTIVE LAW.
  (B)  THE  COMPTROLLER  SHALL, PRIOR TO THE DISBURSEMENT OR DELIVERY OF
ANY STATE FUNDS, TO A COUNTY, CITY, TOWN  OR  VILLAGE,  OR  ANY  AGENCY,
OFFICE, DEPARTMENT OR AUTHORITY THEREOF, VERIFY THAT THE RECEIVING ENTI-
TY  HAS  NOT  BEEN  DETERMINED  TO  BE  IN VIOLATION OF THIS SECTION, IN
ACCORDANCE WITH THE MOST RECENT LISTING RECEIVED PURSUANT  TO  PARAGRAPH
(U)  OF  SUBDIVISION  TWO OF SECTION SEVEN HUNDRED NINE OF THE EXECUTIVE
LAW.
  § 3. If any clause, sentence, paragraph, subdivision, section or  part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  subdivision,  section  or  part  thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered. It is hereby declared to be the intent of the legislature that
this act would have been enacted even if such invalid provisions had not
been included herein.
  § 4. This act shall take effect immediately.