§ 3-b. Special peace officers to be citizens; other residency
requirements. 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
hereafter, 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 resident 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 emergency 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. Provided further, that 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
notwithstanding 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. Provided, further, that
any person qualified who resides in a county adjacent to the county of
Albany may at the instance of the society for the prevention of cruelty
to animals for the county of Albany be appointed as a peace officer by
the appropriate appointing official of the county of Albany. Provided,
further, that any person otherwise qualified who resides in the county
of Orange or Westchester may at the instance of the society for the
prevention of cruelty to animals for the county of Rockland be appointed
as a peace officer by the appropriate appointing official of the county
of Rockland. Provided, further, that any person qualified who resides in
a county adjacent to the county of Putnam may at the instance of the
society for the prevention of cruelty to animals for the county of
Putnam be appointed as a peace officer by the appropriate appointing
official in the county of Putnam. Provided, further, that any person
qualified who resides in a county adjacent to the county of Monroe may
at the instance of the Humane Society of Rochester and Monroe County for
the Prevention of Cruelty to Animals, Inc., doing business as Lollypop
Farm, be appointed as a peace officer by the appropriate appointing
official in the county of Monroe.

2. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state by which he or she is employed, shall
apply to a person employed by a city with a population over one million
in the titles of fire protection inspector, associate fire protection
inspector, or supervising fire protection inspector, provided that he or
she has completed two years of employment with the city of New York and
is a resident of New York, Kings, Queens, Bronx, Richmond, Nassau,
Westchester, Suffolk, Orange, Rockland or Putnam county.

3. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state by which he or she is employed, shall
apply to a person employed by a city with a population over one million
in the titles of urban park ranger, associate urban park ranger or
traffic enforcement agent level IV, provided that he or she has
completed two years of employment with the city of New York and is a
resident of New York, Kings, Queens, Bronx, Richmond, Nassau,
Westchester, Suffolk, Orange, Rockland or Putnam county.

4. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state by which he or she is employed, shall
apply to a person employed by a city with a population of over one
million in the titles of special officer, senior special officer,
principal special officer and supervising special officer as "special
officer" is defined in subdivision forty of section 2.10 of the criminal
procedure law, evidence and property control specialists, taxi and
limousine inspector, taxi and limousine inspector (motor vehicles),
senior taxi and limousine inspector, senior taxi and limousine inspector
(motor vehicles), associate taxi and limousine inspector, supervising
taxi and limousine inspector, supervising taxi and limousine inspector
(motor vehicles), education facilities officers L1 (formerly school
guards), education facilities officers L2 (formerly school safety
officers), hospital security officers, campus security officer, campus
peace officer, college security specialist, campus public safety
sergeant, campus security assistant or school guard (school safety
agent), provided that he or she has completed two years of employment
with the city of New York and is a resident of New York, Kings, Queens,
Bronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or
Putnam county.

5. In respect to peace officers employed by Cornell university, and
assigned to the Ithaca campus, pursuant to section fifty-seven hundred
nine of the education law, the provisions of this section requiring a
person to be a resident of the same county as the appointing official
shall not prevent a person from serving as a peace officer for Cornell
university, or as a special deputy sheriff, and assigned to the Ithaca
campus, as defined in subdivision forty-two of section 2.10 of the
criminal procedure law, provided that such person resides in the state
of New York.

6. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state by which he or she is employed or
appointed, shall apply to a person employed or appointed by a political
subdivision or municipal corporation of the state as an auxiliary police
officer or special deputy sheriff, provided that such auxiliary police
officer or special deputy sheriff is trained and registered pursuant to
the provisions of section eight hundred forty-five of the executive law;
and provided, further, that such auxiliary police officer or special
deputy sheriff resides in the county in which such political subdivision
is located or an adjoining county within the state. The provisions of
this subdivision shall not apply to a city having a population of one
million or more.

7. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he or she shall be employed
or appointed or within which his or her official functions are required
to be exercised, shall apply to a person who is a member of the security
force employed or appointed by Kaleida Health as described in
subdivision eighty-three of section 2.10 of the criminal procedure law,
provided that such person resides in the county in which such security
force of Kaleida Health is located or an adjoining county within the
state. The provisions of this subdivision shall only apply to a person
who is a member of the security force employed by Kaleida Health on the
effective date of this subdivision.

A violation of the provisions of this section is a misdemeanor.