NY State Senate Bill 2023-S2695

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local government returned to senate died in assembly
Jun 07, 2023	referred to local governments delivered to assembly passed senate ordered to third reading cal.1669 committee discharged and committed to rules
May 30, 2023	print number 2695b
May 30, 2023	amend (t) and recommit to local government
May 26, 2023	print number 2695a
May 26, 2023	amend (t) and recommit to local government
Jan 24, 2023	referred to local government

Votes

- Jun 7, 2023 - Floor Vote
  S2695
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Brisport
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S2695
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S2695 - Details

See Assembly Version of this Bill:: A7086
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §209-q, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S9264

2023-S2695 - Summary

Relates to the completion of training requirements for sheriffs and undersheriffs.

2023-S2695 - Sponsor Memo

                                 
BILL NUMBER: S2695

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to the completion
of training requirements for sheriffs and undersheriffs

 
PURPOSE:

Excludes Sheriffs and Undersheriffs from certain training required under
section 209-q of the general municipal law.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 209-q of the general municipal law to provided
an exemption for an elected or appointed sheriff, or appointed under-
sheriff, shall not be considered a person who receives such an original
appointment on a permanent basis as a police officer and shall not be
subject to the training requirements of this section.

Section two states the effective date.

 
JUSTIFICATION:

Historically, individuals elected to the office of Sheriff were granted
police officer powers by virtue of simply holding the office.  This was
the case since the formal inception of the Office of Sheriff via the New
York State Constitution and remained so even after the adoption of more
formal training requirements for police officers as our bodies of law
evolved and modernized throughout the last century.  Without apparent
explanation or justification, this consideration for the Office of Sher-
iff was stricken from the General Municipal Law as part of the larger
Professional Policing Act of 2020. Whether this was the underlying
intention of the original legislation or not, the unique nature of the
Office of Sheriff warrants a return to the former statutory scheme with
regards to inherent police powers that attach to that position.

The Office of Sheriff is unique among New York State Law enforcement
entities in two respects. First, it is the only elected law enforcement
position in New York, and the only one that is established in our state
Constitution. A Sheriff, and their appointed Undersheriff, rightfully
derive their law enforcement authority from the people who have chosen
to elect them and from the Constitution itself which designates them as
conservators of the peace.

There is now a distinct electoral disadvantage of candidates for the
Office of Sheriff who do not come from a law enforcement background.
Those seekers of the Office, however qualified they might otherwise be
in government administration, could be depicted by their opponent who
may come from a police background as unfit for that role. This will only
serve to diminish the pool of aspiring public servants who could bring
diversity and new perspectives to the Office of Sheriff.

This bill seeks to exclude Sheriffs and Undersheriffs from the training
required under section 209-q of the general municipal law.

 
LEGISLATIVE HISTORY:

2021-2022: S9264 - Died in Local Government

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2695 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2695
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to the completion
   of training requirements for sheriffs and undersheriffs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 1 of section 209-q of the
 general municipal law, as amended by chapter 735 of the laws of 1988, is
 amended to read as follows:
   (a) Notwithstanding the provisions of any general,  special  or  local
 law or charter to the contrary, no person shall, after July first, nine-
 teen hundred sixty, receive an original appointment on a permanent basis
 as  a  police  officer  of  any  county,  city,  town, village or police
 district unless such person has previously been awarded a certificate by
 the executive director of the municipal police training council  created
 under  article thirty-five of the executive law, attesting to his satis-
 factory completion  of  an  approved  municipal  police  basic  training
 program; and every person who is appointed on a temporary basis or for a
 probationary term or on other than a permanent basis as a police officer
 of  any county, city, town, village or police district shall forfeit his
 position as such unless he previously has satisfactorily  completed,  or
 within  the  time  prescribed by regulations promulgated by the governor
 pursuant to section eight hundred forty-two of the executive law, satis-
 factorily completes, a  municipal  police  basic  training  program  for
 temporary  or  probationary police officers and is awarded a certificate
 by such director attesting thereto.  AN ELECTED OR APPOINTED SHERIFF, OR
 APPOINTED UNDERSHERIFF, SHALL NOT BE CONSIDERED A  PERSON  WHO  RECEIVES
 SUCH  AN  ORIGINAL  APPOINTMENT ON A PERMANENT BASIS AS A POLICE OFFICER
 AND SHALL NOT BE SUBJECT TO THE TRAINING REQUIREMENTS OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06930-01-3

co-Sponsors

2023-S2695A - Details

See Assembly Version of this Bill:: A7086
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §209-q, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S9264

2023-S2695A - Summary

Relates to the completion of training requirements for sheriffs and undersheriffs.

2023-S2695A - Sponsor Memo

                                 
BILL NUMBER: S2695A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to the completion
of training requirements for sheriffs

 
PURPOSE:

Excludes Sheriffs from certain training required under section 209-q of
the general municipal law.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 209-q of the general municipal law to provide
that an elected or appointed sheriff will'not be considered a person who
receives such an original appointment on a permanent basis as a police
officer and shall not be subject to the training requirements of this
section.

Section two states the effective date.

 
JUSTIFICATION:

Historically, individuals elected to the office of Sheriff were granted
police officer powers by virtue of simply holding the office.  This was
the case since the formal inception of the Office of Sheriff via the New
York State Constitution and remained so even after the adoption of more
formal training requirements for police officers as our bodies of law
evolved and modernized throughout the last century.  Without apparent
explanation or justification, this consideration for the Office of Sher-
iff was stricken from the General Municipal Law as part of the larger
Professional Policing Act of 2020. Whether this was the underlying
intention of the original legislation or not, the unique nature of the
Office of Sheriff warrants a return to the former statutory scheme with
regards to inherent police powers that attach to that position.

The Office of Sheriff is unique among New York State Law enforcement
entities in two respects. First, it is the only elected law enforcement
position in New York, and the only one that is established in our state
Constitution. A Sheriff rightfully derives their law enforcement author-
ity from the people who have chosen to elect them and from the Constitu-
tion itself which designates them as conservators of the peace.

There is now a distinct electoral disadvantage of candidates for the
Office of Sheriff who do not come from a law enforcement background.
Those seekers of the Office, however qualified they might otherwise be
in government administration, could be depicted by their opponent who
may come from a police background as unfit for that role. This will only
serve to diminish the pool of aspiring public servants who could bring
diversity and new perspectives to the Office of Sheriff.

This bill seeks to exclude Sheriffs from the training required under
section 209-q of the general municipal law.

 
LEGISLATIVE HISTORY:

2021-2022: S9264 - Died in Local Government
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2695A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2695--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, O'MARA, ROLISON -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Local
   Government -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation to the completion
   of training requirements for sheriffs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1  of  section  209-q  of  the
 general municipal law, as amended by chapter 735 of the laws of 1988, is
 amended to read as follows:
   (a)  Notwithstanding  the  provisions of any general, special or local
 law or charter to the contrary, no person shall, after July first, nine-
 teen hundred sixty, receive an original appointment on a permanent basis
 as a police officer  of  any  county,  city,  town,  village  or  police
 district unless such person has previously been awarded a certificate by
 the  executive director of the municipal police training council created
 under article thirty-five of the executive law, attesting to his  satis-
 factory  completion  of  an  approved  municipal  police  basic training
 program; and every person who is appointed on a temporary basis or for a
 probationary term or on other than a permanent basis as a police officer
 of any county, city, town, village or police district shall forfeit  his
 position  as  such unless he previously has satisfactorily completed, or
 within the time prescribed by regulations promulgated  by  the  governor
 pursuant to section eight hundred forty-two of the executive law, satis-
 factorily  completes,  a  municipal  police  basic  training program for
 temporary or probationary police officers and is awarded  a  certificate
 by  such  director  attesting thereto.   AN ELECTED OR APPOINTED SHERIFF
 SHALL NOT BE SUBJECT TO THE TRAINING REQUIREMENTS OF THIS SECTION.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06930-02-3

co-Sponsors

2023-S2695B (ACTIVE) - Details

See Assembly Version of this Bill:: A7086
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §209-q, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S9264

2023-S2695B (ACTIVE) - Summary

Relates to the completion of training requirements for sheriffs and undersheriffs.

2023-S2695B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2695B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to the completion
of training requirements for sheriffs and undersheriffs

 
PURPOSE:

Excludes Sheriffs and Undersheriffs from certain training required under
section 209-q of the general municipal law.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 209-q of the general municipal law to provide
that an elected or appointed sheriff or undersheriff will not be consid-
ered a person who receives such an original appointment on a permanent
basis as a police officer and shall not be subject to the training
requirements of this section.

Section two states the effective date.

 
JUSTIFICATION:

Historically, individuals elected to the office of Sheriff were granted
police officer powers by virtue of simply holding the office.  This was
the case since the formal inception of the Office of Sheriff via the New
York State Constitution and remained so even after the adoption of more
formal training requirements for police officers as our bodies of law
evolved and modernized throughout the last century.

Without apparent explanation or justification, this consideration for
the Office of Sheriff was stricken from the General Municipal Law as
part of the larger Professional Policing Act of 2020. Whether this was
the underlying intention of the original legislation or not, the unique
nature of the Office of Sheriff warrants a return to the former statuto-
ry scheme with regards to inherent police powers that attach to that
position.

The Office of Sheriff is unique among New York State Law enforcement
entities in two respects. First, it is the only elected law enforcement
position in New York, and the only one that is established in our state
Constitution. A Sheriff rightfully derives their law enforcement author-
ity from the people who have chosen to elect them and from the Constitu-
tion itself which designates them as conservators of the peace.

There is now a distinct electoral disadvantage of candidates for the
Office of Sheriff who do not come from a law enforcement background.
Those seekers of the Office, however qualified they might otherwise be
in government administration, could be depicted by their opponent who
may come from a police background as unfit for that role. This will only
serve to diminish the pool of aspiring public servants who could bring
diversity and new perspectives to the Office of Sheriff.

This bill seeks to exclude Sheriffs and Undersheriffs from the training
required under section 209-q of the general municipal law.

 
LEGISLATIVE HISTORY:
2021-2022: S9264 - Died in Local Government

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2695B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2695--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, O'MARA, ROLISON -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Local
   Government -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN ACT to amend the general municipal law, in relation to the completion
   of training requirements for sheriffs and undersheriffs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1  of  section  209-q  of  the
 general municipal law, as amended by chapter 735 of the laws of 1988, is
 amended to read as follows:
   (a)  Notwithstanding  the  provisions of any general, special or local
 law or charter to the contrary, no person shall, after July first, nine-
 teen hundred sixty, receive an original appointment on a permanent basis
 as a police officer  of  any  county,  city,  town,  village  or  police
 district unless such person has previously been awarded a certificate by
 the  executive director of the municipal police training council created
 under article thirty-five of the executive law, attesting to his  satis-
 factory  completion  of  an  approved  municipal  police  basic training
 program; and every person who is appointed on a temporary basis or for a
 probationary term or on other than a permanent basis as a police officer
 of any county, city, town, village or police district shall forfeit  his
 position  as  such unless he previously has satisfactorily completed, or
 within the time prescribed by regulations promulgated  by  the  governor
 pursuant to section eight hundred forty-two of the executive law, satis-
 factorily  completes,  a  municipal  police  basic  training program for
 temporary or probationary police officers and is awarded  a  certificate
 by  such director attesting thereto.  AN ELECTED OR APPOINTED SHERIFF OR
 UNDERSHERIFF SHALL NOT BE SUBJECT TO THE TRAINING REQUIREMENTS  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD06930-04-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2695

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

Jun 7, 2023 - Floor Vote

Floor Vote: Jun 7, 2023

Jun 7, 2023 - Rules Committee Vote

Rules Committee Vote: Jun 7, 2023

Bill Amendments

co-Sponsors

2023-S2695 - Details

2023-S2695 - Summary

2023-S2695 - Sponsor Memo

2023-S2695 - Bill Text download pdf

co-Sponsors

2023-S2695A - Details

2023-S2695A - Summary

2023-S2695A - Sponsor Memo

2023-S2695A - Bill Text download pdf

co-Sponsors

2023-S2695B (ACTIVE) - Details

2023-S2695B (ACTIVE) - Summary

2023-S2695B (ACTIVE) - Sponsor Memo

2023-S2695B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2695

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

Bill Amendments

co-Sponsors

2023-S2695 - Details

2023-S2695 - Summary

2023-S2695 - Sponsor Memo

2023-S2695 - Bill Text download pdf

co-Sponsors

2023-S2695A - Details

2023-S2695A - Summary

2023-S2695A - Sponsor Memo

2023-S2695A - Bill Text download pdf

co-Sponsors

2023-S2695B (ACTIVE) - Details

2023-S2695B (ACTIVE) - Summary

2023-S2695B (ACTIVE) - Sponsor Memo

2023-S2695B (ACTIVE) - Bill Text download pdf

Comments