S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6330--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BRONSON,  LUNSFORD,  CLARK  -- 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  public  officers  law, in relation to residency
   requirements for certain peace officers in Monroe 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
 separately  amended  by  chapters  145  and  175 of the laws of 2018, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10430-02-1

 A. 6330--A                          2
 
 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.
 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 appro-
 priate 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.
 Provided,  further,  that  any person otherwise qualified who resides in
 the county of Orange or Westchester may at the instance of  the  society
 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. PROVIDED, FURTHER, THAT ANY PERSON QUALIFIED WHO
 RESIDES IN A COUNTY ADJACENT TO THE COUNTY OF MONROE MAY AT THE INSTANCE
 OF  THE HUMANE SOCIETY OF ROCHESTER AND MONROE COUNTY FOR THE PREVENTION
 OF CRUELTY TO  ANIMALS,  INC.,  DOING  BUSINESS  AS  LOLLYPOP  FARM,  BE
 APPOINTED  AS  A PEACE OFFICER BY THE APPROPRIATE APPOINTING OFFICIAL IN
 THE COUNTY OF MONROE.
   § 2. This act shall take effect immediately.