NY State Senate Bill 2021-S3645

Senate Bill S3645

2021-2022 Legislative Session

Relates to prohibiting executive orders directing state police to not assist with the enforcement of federal laws

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Archive: Last Bill Status - In Senate Committee Finance 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Jan 30, 2021	referred to finance

co-Sponsors

2021-S3645 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §235, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4900
2023-2024: S1313

2021-S3645 (ACTIVE) - Summary

Provides that employees of the state police shall not be directed by executive order or regulations to not assist with the enforcement of federal laws.

2021-S3645 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3645

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the executive law, in relation to executive orders
relating to cooperation with federal law enforcement

 
PURPOSE:

To block the governor from ordering state police to not comply with
federal law enforcement.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Section 233 to the executive law to provide that
the executive branch may not direct state police to not cooperate with
federal law enforcement. This section also nullifies any regulation,
rule, or executive order that violates this provision.

Section 2 sets the effective date.

 
JUSTIFICATION:

Federal law enforcement officials have recently become the target of
political attacks for simply enforcing federal law. In New York and
around the country, there have been many efforts to form "sanctuary"
cities and states, with the expressed purpose of willful disregard for
federal law enforcement. In April 2018, the Governor went as far as
issuing a cease and desist letter to U.S. Immigration and Customs
Enforcement for following federal law. Due to the actions of the Gover-
nor and the political attacks our federal law enforcement officials
face, there is growing concern that state action may be taken against
federal officials by the Governor.  This bill would block the Governor
and his agencies from ordering state police to not cooperate with feder-
al law enforcement. This is a necessary public safety measure to ensure
federal law is upheld.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.4900 Referred to Rules.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3645 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3645
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive  law,  in  relation  to  executive  orders
   relating to cooperation with federal law enforcement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 235 to
 read as follows:
   § 235. PROHIBITION AGAINST  REGULATIONS,  RULES  OR  EXECUTIVE  ORDERS
 DIRECTING THE STATE POLICE TO NOT ASSIST WITH THE ENFORCEMENT OF FEDERAL
 LAW  OR TO NOT COOPERATE WITH FEDERAL LAW ENFORCEMENT. 1. NO EMPLOYEE OF
 THE STATE POLICE, INCLUDING THE SUPERINTENDENT, OR ANY TROOPER, INVESTI-
 GATOR OR OTHER OFFICER, SHALL BE DIRECTED BY ANY STATE REGULATION,  RULE
 OR EXECUTIVE ORDER, TO NOT ASSIST WITH THE ENFORCEMENT OF FEDERAL LAW OR
 TO  NOT  COOPERATE WITH FEDERAL LAW ENFORCEMENT IN THE EFFORT TO ENFORCE
 ANY PROVISION OF FEDERAL LAW.
   2. ANY STATE REGULATION, RULE OR EXECUTIVE ORDER DIRECTING  THE  STATE
 POLICE,  INCLUDING  THE  SUPERINTENDENT, OR ANY TROOPER, INVESTIGATOR OR
 OTHER OFFICER, TO NOT ASSIST WITH THE ENFORCEMENT OF FEDERAL LAW  OR  TO
 NOT  COOPERATE WITH FEDERAL LAW ENFORCEMENT IN THE EFFORT TO ENFORCE ANY
 PROVISION OF FEDERAL LAW, SHALL BE DEEMED INVALID, NULL AND VOID.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07752-01-1

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Senate Bill S3645

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Sponsored By

Robert G. Ortt