New York S 3649: Prohibits local government action which prevents the enforcement of federal laws

Bill Text

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S03649 Summary:

BILL NOS03649 

&nbsp

SAME ASSAME AS A05801

&nbsp

SPONSORMURRAY

&nbsp

COSPNSRBORRELLO, CANZONERI-FITZPATRICK, MATTERA, OBERACKER, ORTT, RHOADS, TEDISCO, WEIK

&nbsp

MLTSPNSR

&nbsp

Amd §709, Exec L; add §139-f, Gen Muni L

&nbsp

Requires that local governments comply with a detainer request issued by a federal law enforcement agency; requires that such local government not interfere with the ability of federal law enforcement officials to conduct enforcement activities at municipal or county jails in furtherance of their duty to enforce federal laws.

Go to top S03649 Actions:

BILL NOS03649 

&nbsp

01/29/2025REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

02/06/2025REFERENCE CHANGED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

03/11/2025NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

03/09/2026NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

Go to topS03649 Committee&nbspVotes:

Go to topS03649 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03649 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3649

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 2025
 ___________

 Introduced by Sens. MURRAY, BORRELLO, CANZONERI-FITZPATRICK, MATTERA,
 OBERACKER, ORTT, RHOADS, TEDISCO, WEIK -- read twice and ordered
 printed, and when printed to be committed to the Committee on Veter-
 ans, Homeland Security and Military Affairs

 AN ACT to amend the executive law and the general municipal law, in
 relation to prohibiting local government action which prevents the
 enforcement of federal laws

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs (s) and (t) of subdivision 2 of section 709 of
 2 the executive law, paragraph (s) as amended and paragraph (t) as added
 3 by section 14 of part B of chapter 56 of the laws of 2010, are amended
 4 and paragraph (u) of subdivision 2 is relettered paragraph (v) and a new
 5 paragraph (u) is added to read as follows:
 6 (s) work in consultation with or make recommendations to the commis-
 7 sioner of agriculture and markets in developing rules and regulations
 8 relating to ammonium nitrate security; [and]
 9 (t) develop, maintain, and deploy state, regional and local all-hazard
 10 incident management teams[.]; and
 11 (u) develop a plan, in conjunction with the state police, to determine
 12 whether a county, city, town or village, any agency, office, department
 13 or authority thereof, including a sheriff's department, municipal police
 14 department or district attorney's office is in compliance with the
 15 requirements of section one hundred thirty-nine-f of the general munici-
 16 pal law. Together, the commissioner and superintendent of the state
 17 police shall compile a list of local government entities that are deemed
 18 to be in violation of section one hundred thirty-nine-f of the general
 19 municipal law. This list shall be updated monthly, and shall be
 20 forwarded to the comptroller.
 21 § 2. The general municipal law is amended by adding a new section
 22 139-f to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07553-01-5

 S. 3649 2

 1 § 139-f. Prohibition against local government action preventing the
 2 enforcement of federal laws. 1. In accordance with articles nine and
 3 thirteen of the constitution, no county, city, town or village, or any
 4 agency, office, department or authority thereof, including a sheriff's
 5 department, municipal police department, or district attorney's office,
 6 or the governing body thereof, shall adopt any rule, order, ordinance,
 7 local law or policy, either formally or informally, prohibiting or
 8 inhibiting the following:
 9 (a) the compliance with a detainer request issued by a federal law
 10 enforcement agency, pertaining to an individual lawfully detained by the
 11 local government entity; or
 12 (b) the ability of federal law enforcement officials to enter and
 13 conduct enforcement activities at a municipal or county jail, in furth-
 14 erance of their duty to enforce federal laws.
 15 2. For purposes of this