S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6540
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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  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
 from the authority lawfully appointing him.  Nothing  herein  contained,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10430-03-1

 S. 6540                             2
 
 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.