S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8273
                                   I N  S E N A T E
                                     June 18, 2010
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the public officers law, in relation to the residence of
         peace officers employed as  fire  protection  inspectors,  urban  park
         rangers and traffic enforcement agents level IV by a city with a popu-
         lation over one million
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3-b of the public officers law, as amended by chap-
    2  ter 448 of the laws of 1992, is amended to read as follows:
    3    S 3-b. Special peace officers to be citizens. 1. No sheriff of a coun-
    4  ty, mayor of a city, or official, or other persons authorized by law  to
    5  appoint  special  deputy  sheriffs, special constables, marshals, police
    6  officers, or peace officers in this state, to preserve the public  peace
    7  or  quell  public  disturbance,  shall hereafter, at the instance of any
    8  agent, society, association or corporation,  or  otherwise,  appoint  as
    9  such  special  deputy,  special  constable,  marshal, police officer, or
   10  peace officer, any person who shall not  be  a  citizen  of  the  United
   11  States  and  a  resident  of the state of New York, and entitled to vote
   12  therein at the time of his appointment, and a resident of the same coun-
   13  ty as the mayor or sheriff or other official  making  such  appointment;
   14  provided,  however,  that when, in the judgment of a sheriff of a county
   15  except those counties within the city of New  York  a  situation  exists
   16  which requires temporary additional assistance, such sheriff may appoint
   17  special  deputy  sheriffs  who are non-residents of the county but resi-
   18  dents of the state of New York who shall hold office until such time  as
   19  the  appointing  sheriff determines that the situation no longer exists;
   20  and no person shall assume or exercise the functions, powers, duties  or
   21  privileges  incident and belonging to the office of special deputy sher-
   22  iff, special constables, marshal,  police  officer,  or  peace  officer,
   23  without  having  first  received  his  appointment  in  writing from the
   24  authority lawfully appointing him. Nothing  herein  contained,  however,
   25  shall  apply  to  the  appointment  of  a  non-resident, as an emergency
   26  special deputy sheriff, by the sheriff of any county to  act  when  such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17597-01-0
       S. 8273                             2
    1  sheriff  has  declared  a  state  of  special  emergency pursuant to the
    2  provisions of section two hundred nine-f of the general  municipal  law.
    3  Any  person  otherwise  qualified  who  resides  in either the county of
    4  Nassau or the county of Suffolk may at the instance of a society for the
    5  prevention  of cruelty to animals be appointed as a peace officer by the
    6  appropriate appointing official of either of such counties notwithstand-
    7  ing that such appointee does not  reside  in  the  same  county  as  the
    8  appointing official.
    9    2.  NEITHER  THE PROVISIONS OF THIS SECTION OR OF ANY GENERAL, SPECIAL
   10  OR LOCAL LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR  REGULATION,
   11  REQUIRING  A  PERSON  TO  BE  A RESIDENT OF THE POLITICAL SUBDIVISION OR
   12  MUNICIPAL CORPORATION OF THE STATE BY WHICH HE OR SHE IS EMPLOYED, SHALL
   13  APPLY TO A PERSON EMPLOYED BY A CITY WITH A POPULATION OVER ONE  MILLION
   14  IN  THE  TITLES  OF FIRE PROTECTION INSPECTOR, ASSOCIATE FIRE PROTECTION
   15  INSPECTOR, OR SUPERVISING FIRE PROTECTION INSPECTOR, PROVIDED THAT HE OR
   16  SHE HAS COMPLETED TWO YEARS OF EMPLOYMENT WITH THE CITY OF NEW YORK  AND
   17  IS A RESIDENT OF NEW YORK, KINGS, QUEENS, BRONX, RICHMOND, NASSAU, WEST-
   18  CHESTER, SUFFOLK, ORANGE, ROCKLAND OR PUTNAM COUNTY.
   19    3.  NEITHER  THE PROVISIONS OF THIS SECTION OR OF ANY GENERAL, SPECIAL
   20  OR LOCAL LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR  REGULATION,
   21  REQUIRING  A  PERSON  TO  BE  A RESIDENT OF THE POLITICAL SUBDIVISION OR
   22  MUNICIPAL CORPORATION OF THE STATE BY WHICH HE OR SHE IS EMPLOYED, SHALL
   23  APPLY TO A PERSON EMPLOYED BY A CITY WITH A POPULATION OVER ONE  MILLION
   24  IN  THE  TITLES  OF URBAN PARK RANGER OR TRAFFIC ENFORCEMENT AGENT LEVEL
   25  IV, PROVIDED THAT HE OR SHE HAS COMPLETED TWO YEARS OF  EMPLOYMENT  WITH
   26  THE  CITY  OF  NEW  YORK  AND  IS A RESIDENT OF NEW YORK, KINGS, QUEENS,
   27  BRONX, RICHMOND,  NASSAU,  WESTCHESTER,  SUFFOLK,  ORANGE,  ROCKLAND  OR
   28  PUTNAM COUNTY.
   29    A violation of the provisions of this section is a misdemeanor.
   30    S 2. This act shall take effect immediately.