S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6202

                                   I N  S E N A T E

                                   January 12, 2012
                                      ___________

       Introduced  by  Sen.  YOUNG  -- 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  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:

    1    Section  1.   Subdivision 1 of section 3-b of the public officers law,
    2  as amended by chapter 480 of the laws of 2010, is  amended  to  read  as
    3  follows:
    4    1.  No  sheriff  of  a  county, mayor of a city, or official, or other
    5  persons authorized by law to appoint special  deputy  sheriffs,  special
    6  constables,  marshals, police officers, or peace officers in this state,
    7  to preserve the public peace or quell public disturbance, shall hereaft-
    8  er, at the instance of any agent, society, association  or  corporation,
    9  or  otherwise,  appoint  as  such  special  deputy,  special  constable,
   10  marshal, police officer, or peace officer, any person who shall not be a
   11  citizen of the United States and a resident of the state  of  New  York,
   12  and entitled to vote therein at the time of his appointment, and a resi-
   13  dent of the same county as the mayor or sheriff or other official making
   14  such  appointment;  provided,  however,  that when, in the judgment of a
   15  sheriff of a county except those counties within the city of New York  a
   16  situation  exists  which  requires temporary additional assistance, such
   17  sheriff may appoint special deputy sheriffs who are non-residents of the
   18  county but residents of the state of New  York  who  shall  hold  office
   19  until  such time as the appointing sheriff determines that the situation
   20  no longer exists; and no person shall assume or exercise the  functions,
   21  powers,  duties  or  privileges  incident and belonging to the office of
   22  special deputy sheriff, special constables, marshal, police officer,  or
   23  peace  officer, without having first received his appointment in writing
   24  from the authority lawfully appointing him.  Nothing  herein  contained,
   25  however,  shall  apply to the appointment of a non-resident, as an emer-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13940-01-2

S. 6202 2 1 gency special deputy sheriff, by the sheriff of any county to act when 2 such sheriff has declared a state of special emergency pursuant to the 3 provisions of section two hundred nine-f of the general municipal law. 4 Any person otherwise qualified who resides in either the county of 5 Nassau or the county of Suffolk may at the instance of a society for the 6 prevention of cruelty to animals be appointed as a peace officer by the 7 appropriate appointing official of either of such counties notwithstand- 8 ing that such appointee does not reside in the same county as the 9 appointing official. PROVIDED, FURTHER, THAT ANY PERSON QUALIFIED WHO 10 RESIDES IN A COUNTY ADJACENT TO THE COUNTY OF ALLEGANY MAY AT THE 11 INSTANCE OF THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS FOR THE 12 COUNTY OF ALLEGANY BE APPOINTED AS A PEACE OFFICER BY THE APPROPRIATE 13 APPOINTING OFFICIAL OF THE COUNTY OF ALLEGANY. 14 S 2. This act shall take effect immediately.