S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9877
 
                           I N  A S S E M B L Y
 
                             February 15, 2018
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the  public  officers  law, in relation to residency
   requirements for certain peace officers in Albany 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  497  of  the  laws  of 2012, 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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14659-01-8

 A. 9877                             2
 
 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. PROVIDED, FURTHER, THAT
 ANY PERSON QUALIFIED WHO RESIDES IN A COUNTY ADJACENT TO THE  COUNTY  OF
 ALBANY  MAY AT THE INSTANCE OF THE SOCIETY FOR THE PREVENTION OF CRUELTY
 TO ANIMALS FOR THE COUNTY OF ALBANY BE APPOINTED AS A PEACE  OFFICER  BY
 THE APPROPRIATE APPOINTING OFFICIAL OF THE COUNTY OF ALBANY.
   § 2. This act shall take effect immediately.