Authorizes non-residents of the county of Allegany to be appointed as peace officers for the society for the prevention of cruelty to animals for such county.
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (3): Montgomery, Perkins, Rivera
Excused (2): Huntley, Krueger
TITLE OF BILL: An act to amend the public officers law, in relation to authorizing non-residents of the county of Allegany to be appointed as peace officers by the society for the prevention of cruelty to animals of such county
PURPOSE: This bill authorizes non-residents of the county of Allegany to be appointed as peace officers for the society for the prevention of cruelty to animals for such county.
SUMMARY OF PROVISIONS: This bill amends subdivision 1 of section 3-b of the public officers law to authorize non-residents of Allegany county to be appointed as peace officers for the society for the prevention of cruelty to animals.
JUSTIFICATION: Among its duties, many chapters of the Society for the Prevention of Cruelty to Animals (SPCA) investigate complaints of animal cruelty. The SPCA serving Allegany County has its own cruelty investigation unit, which registers its cruelty investigators as peace officers with the NYS Department of Criminal Justice Services.
Because of its small population and location in a rural area, SPCA serving Allegany County employs some cruelty investigators that live outside Allegany County. However, as these investigators work but do not live in Allegany County, by current law they cannot be appointed as peace officers. This legislation would correct this issue and allow these cruelty investigators to be appointed as peace officers.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6202 IN SENATE 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: 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-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13940-01-2 S. 6202 2
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. 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.