A9306-2011 Actions

• Jun 18, 2012: substituted by s6202
• Jun 18, 2012: rules report cal.302
• Jun 18, 2012: reported
• Jun 12, 2012: reported referred to rules
• Jun 5, 2012: reported referred to codes
• Feb 15, 2012: referred to governmental operations

A9306-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         9306
 I N  ASSEMBLY
 February 15, 2012
 
 Introduced by M. of A. GIGLIO -- read once and referred to the Committee
 on Governmental Operations
 AN  ACT  to  amend  the  public officers law, in relation to authorizing
 non-residents of the county of Allegany to be appointed as peace offi
 cers by the society for the prevention of cruelty to animals  of  such
 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  amended  by  chapter  480 of the laws of 2010, 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13940-01-2
 
       A. 9306                             2
 such sheriff has declared a state of special emergency pursuant  to  the
 provisions  of  section two hundred nine-f of the general municipal law.
 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 notwithstand
 ing 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 ALLEGANY.
 

S 2. This act shall take effect immediately.

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