S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8876
 
                             I N  S E N A T E
 
                               May 31, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 the  appointment
   of peace officers in the county of Rockland
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15987-01-8

 S. 8876                             2
 
 provisions of section two hundred nine-f of the general  municipal  law.
 [Any]PROVIDED  FURTHER,  THAT 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  notwithstanding 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  Allega-
 ny.  PROVIDED,  FURTHER, THAT ANY PERSON OTHERWISE QUALIFIED WHO RESIDES
 IN THE COUNTY OF ORANGE OR WESTCHESTER MAY AT THE INSTANCE OF THE SOCIE-
 TY FOR THE PREVENTION OF CRUELTY TO ANIMALS FOR THE COUNTY  OF  ROCKLAND
 BE  APPOINTED  AS A PEACE OFFICER BY THE APPROPRIATE APPOINTING OFFICIAL
 OF THE COUNTY OF ROCKLAND.
   § 2. This act shall take effect immediately.