S T A T E O F N E W Y O R K
________________________________________________________________________
3698
2017-2018 Regular Sessions
I N S E N A T E
January 25, 2017
___________
Introduced by Sens. CROCI, AKSHAR, DeFRANCISCO, GOLDEN, MURPHY, O'MARA,
ORTT, SEWARD -- read twice and ordered printed, and when printed to be
committed to the Committee on Veterans, Homeland Security and Military
Affairs
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,
OR THE GOVERNING BODY THEREOF, SHALL ADOPT ANY RULE, ORDER, ORDINANCE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09050-01-7
S. 3698 2
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.