senate Bill S680A

Requires state agencies and certain covered authorities to purchase handguns from responsible suppliers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 08 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Aug / 2012
    • AMEND AND RECOMMIT TO RULES
  • 10 / Aug / 2012
    • PRINT NUMBER 680A

Summary

Requires state agencies and certain covered authorities to purchase handguns from responsible suppliers; defines criteria therefor; provides for exceptions.

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Bill Details

Versions:
S680
S680A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Add ยง169, St Fin L
Versions Introduced in 2009-2010 Legislative Cycle:
S4081

Sponsor Memo

BILL NUMBER:S680A

TITLE OF BILL:

An act to amend the state finance law, in relation to the procurement
of handguns by state agencies

PURPOSE:

This legislation establishes a standard of conduct for firearms
manufacturers and requires New York State Agencies to purchase guns
from those manufacturers that adhere to the code of conduct.

SUMMARY OF PROVISIONS:

Section 1: Legislative Findings. Section 2: Relates to the purchase of
handguns. Provides definitions concerning the purchase of handguns
including the definition of responsible supplier. Contained within the
definition of responsible supplier is a standard of conduct that makes
every reasonable effort to restrict the sale of weapons that might
result in the illegal possession and/or misuse by criminals,
unauthorized juveniles, and other prohibited persons. This standard of
conduct includes the following:

* Prohibiting the sale of weapons to dealers who have sold more than
20 weapons in any 12 month period in the past five years that have
been used in crimes or illegally possessed.

* Prohibiting the sale of weapons at gun shows without a mandatory
background check for each sale made at that gun show.

* Only selling to dealers who maintain a fixed address for their
store, an electronic database including specifications of all guns
held in inventory or for sale, and the names and license numbers of
all gun buyers.

* Providing full access of records to law enforcement and government
regulators.

* Limiting purchases by a person to one weapon per 30 days.

* Implementing a security plan for securing weapons in transit.

* Limiting the sale of assault rifles and large capacity magazines to
police, military and other government entities.

This section also includes the language that all state agencies shall
only enter into a contract to purchase or lease handguns for use in
the performance of official duties from a responsible supplier.
Language is also included in this section to address special
circumstances in which it is necessary to contract with a supplier
that does not adhere to the code of conduct.

Section 3: Contains the effective date.

JUSTIFICATION:


It is in the state's best interest to procure handguns for use by
state employees in the performance of their duties from responsible
suppliers that are committed to the legal sale and use of firearms.

The standard of conduct would ensure that every effort has been made
to restrict gun sales that might lead to illegal possession and/or
misuse by criminals, unauthorized juveniles, and other prohibited
persons. Over 30,000 people in the United States die each year from
gunfire. This includes 4,200 children, which is a horrifying average
of nine American children each and every day. In New York City,
firearms, predominantly handguns, are used in approximately sixty-six
percent of the murders committed each year. The number of individuals
who suffered injuries inflicted by firearms is more than twice those
killed with a firearm. Handguns are also used in a high percentage of
other crimes, including robbery, felony reckless endangerment and
menacing.

Government agencies purchase approximately twenty-five percent of all
guns sold in the United States including guns for police forces,
correctional services, and public safety agencies. The state is a
major purchaser of handguns for use by the state's various law
enforcement agencies.

The state, acting with the discretion allowed any private participant
in the market, should choose to allocate its purchasing dollars in a
manner that promotes the responsible manufacture, shipment, and sale
of handguns. In furtherance of this goal, the legislation requires
that state agencies purchase handguns from suppliers that refrain from
marketing or manufacturing handguns in a manner that is attractive to
criminals and juveniles. In addition, they must adhere to provisions
designed to minimize the risk of injury or death to innocent third
parties and to prevent handguns from leaving the legal stream of
commerce. This legislation does recognize the fact that standards set
forth may not be suitable for all law enforcement needs, and provides
an exception, if necessary, for handguns procured for law enforcement
or military use. It is essential that the State spend its citizens'
money in a manner that promotes the safety and wellbeing of its
residents. With this legislation, the State can use its purchasing
power to alter the way which manufacturers market their firearms.

LEGISLATIVE HISTORY:

2010: Referred to Finance
2008: Referred to Finance
2007: Referred to Finance

FISCAL IMPLICATIONS:

Small cost to the state for developing and disseminating materials
relating to gun violence prevention.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 680--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on  Rules  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the state finance law, in relation to the procurement of
  handguns by state agencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Declaration of legislative findings and intent. The  legis-
lature finds that it is in the state's best interest to procure handguns
for  use  by  state  employees  in  the performance of their duties from
responsible suppliers that are committed to a standard of conduct  which
makes every effort to eliminate sales of guns that might lead to illegal
possession and/or misuse by criminals, unauthorized juveniles, and other
prohibited persons.
  Over  30,000  people  in the United States die each year from gunfire,
including 4,200 children. On average, firearms kill  approximately  nine
American  children  every day. In New York City, firearms, predominantly
handguns, are used in approximately sixty-six  percent  of  the  murders
committed  each year. More than twice the number of individuals murdered
with a firearm suffered injuries inflicted  by  firearms.  Handguns  are
also used in a high percentage of other crimes, including robbery, felo-
ny reckless endangerment and menacing.
  Government  agencies purchase approximately twenty-five percent of all
guns sold in the  United  States,  including  guns  for  police  forces,
correctional  services, and public safety agencies. The state is a major
purchaser of handguns for use by the  state's  various  law  enforcement
agencies.  The  legislature  finds  that  the  state,  acting  with  the
discretion allowed any private participant in the market, should  choose

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00943-02-2

S. 680--A                           2

to allocate its purchasing dollars in a manner that promotes the respon-
sible  manufacture,  shipment, and distribution of handguns. In further-
ance of  this  goal,  this  legislation  requires  that  state  agencies
purchase handguns from suppliers that refrain from marketing or manufac-
turing  handguns  in  a manner that is attractive to criminals and juve-
niles, as well as adhere to other provisions designed  to  minimize  the
risk  to innocent third parties and to prevent handguns from leaving the
legal stream of commerce. Nevertheless, the legislature recognizes  that
handguns  which  satisfy  the standards required by this legislation may
not be  suitable  for  law  enforcement  needs,  thus,  the  legislation
provides  an  exception  if  necessary  for  handguns  procured  for law
enforcement or military uses.
  The legislature finds that it is imperative that the state  spend  its
citizens'  money  in a manner that promotes the safety and well-being of
all residents. Accordingly, the legislature finds  that  when  procuring
handguns, the state should do so from responsible manufacturers whenever
possible.
  S  2.  The state finance law is amended by adding a new section 169 to
read as follows:
  S 169. PURCHASE OF HANDGUNS.   1. FOR THE  PURPOSES  OF  THIS  SECTION
ONLY, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CONTRACT" MEANS ANY WRITTEN AGREEMENT, PURCHASE ORDER, OR INSTRU-
MENT  WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND
FUNDS IN RETURN FOR WORK, LABOR, SERVICES, SUPPLIES, EQUIPMENT,  MATERI-
ALS, OR ANY COMBINATION OF THE FOREGOING.
  (B)  "RESPONSIBLE  SUPPLIER"  MEANS  THAT  THE  SUPPLIER  OF HANDGUNS,
INCLUDING A MANUFACTURER, RETAIL DEALER,  AND/OR  WHOLESALE  DEALER,  IS
ABLE  TO DEMONSTRATE THAT IT IS COMMITTED TO A STANDARD OF CONDUCT WHICH
MAKES EVERY REASONABLE EFFORT TO ELIMINATE SALES OF WEAPONS  THAT  MIGHT
LEAD  TO  ILLEGAL  POSSESSION  AND/OR  MISUSE BY CRIMINALS, UNAUTHORIZED
JUVENILES, AND OTHER PROHIBITED PERSONS. THIS STANDARD  INCLUDES  DEMON-
STRATED COMPLIANCE WITH THE FOLLOWING PROVISIONS:
  (1)  DOES  NOT  SELL WEAPONS TO DEALERS WHO HAVE SOLD MORE THAN TWENTY
WEAPONS WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD IN THE PRECEDING  FIVE
YEARS  TRACED  TO USE IN A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY
THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES OR
WHO HAVE NOT, ON THEIR OWN, SOLD WEAPONS, TWENTY OR MORE OF WHICH WITHIN
ANY CONTINUOUS TWELVE MONTH PERIOD  IN  THE  PRECEDING  FIVE  YEARS  ARE
TRACED  TO  USE  IN  A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY THE
UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES;
  (2) MAKES NO SALES AT GUN SHOWS  OR  ALTERNATIVE  VENUES  UNLESS  SUCH
SALES  AT  THE  GUN  SHOW  OR  ALTERNATIVE VENUE ARE CONDUCTED ONLY UPON
COMPLETION OF A BACKGROUND CHECK AND ALL SELLERS  AT  THE  GUN  SHOW  OR
ALTERNATIVE VENUE AGREE TO CONDUCT SALES ONLY UPON COMPLETION OF A BACK-
GROUND  CHECK  AS DICTATED BY STATE AND FEDERAL LAW FOR SALE AT A RETAIL
GUN STORE;
  (3) (I) IN THE CASE OF A MANUFACTURER SELLING WEAPONS TO DEALERS, ONLY
SELLS TO DEALERS WHO OPERATE A RETAIL SHOP LOCATED AT A  FIXED  ADDRESS,
OR (II) IN THE CASE OF RETAIL OR WHOLESALE DEALERS WHERE:
  A. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
OR  GAUGE, AND SERIAL NUMBER OF ALL WEAPONS HELD IN INVENTORY OR OFFERED
FOR SALE;
  B. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS SOLD AND THE NAME AND LICENSE
NUMBER OF ALL PURCHASERS; AND
  C. THE DEALER MAKES VISIBLE ALL PERMITS AND LEGALLY REQUIRED SIGNAGE;

S. 680--A                           3

  (4) PROVIDES FULL ACCESS OF AFOREMENTIONED RECORDS TO LAW  ENFORCEMENT
AND GOVERNMENT REGULATORS CONDUCTING COMPLIANCE INSPECTIONS;
  (5)  LIMITS PURCHASES BY ANY INDIVIDUAL IN ANY GIVEN THIRTY DAY PERIOD
TO ONE WEAPON;
  (6) IMPLEMENTS A SECURITY PLAN FOR SECURING WEAPONS IN TRANSIT; AND
  (7)  DOES  NOT  SELL  ASSAULT  WEAPONS,  AS  DEFINED  IN   SUBDIVISION
TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW, OR LARGE CAPACITY AMMUNI-
TION  FEEDING DEVICES, AS DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION
265.00 OF THE PENAL LAW, OTHER THAN TO POLICE OFFICERS, LAW  ENFORCEMENT
OR MILITARY ENTITIES, OR OTHER AUTHORIZED GOVERNMENTAL AGENCY.
  (C) "CONTRACTING AGENCY" MEANS A STATE AGENCY OR COVERED AUTHORITY.
  (D)  "CONTRACTOR" MEANS ANY SUPPLIER, BY SALE OR LEASE, OF HANDGUNS TO
A CONTRACTING AGENCY.
  (E) "HANDGUN" MEANS A REVOLVER OR SEMI-AUTOMATIC  PISTOL  DESIGNED  TO
EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE.
  (F)  "STATE  AGENT"  MEANS  ANY  INDIVIDUAL WHO, AS PART OF HIS OR HER
OFFICIAL DUTIES, PURCHASES OR LEASES A HANDGUN FINANCED IN WHOLE  OR  IN
PART BY A CONTRACTING AGENCY FOR PERFORMANCE OF OFFICIAL DUTIES.
  2.  A  CONTRACTING AGENCY SHALL ONLY ENTER INTO A CONTRACT TO PURCHASE
OR OBTAIN FOR ANY PURPOSE HANDGUNS FROM A RESPONSIBLE  SUPPLIER,  AND  A
STATE  AGENT  SHALL ONLY PURCHASE OR LEASE A HANDGUN FOR USE IN PERFORM-
ANCE OF OFFICIAL DUTIES FROM A RESPONSIBLE SUPPLIER.
  3. THE SUPERINTENDENT OF STATE POLICE SHALL PROMULGATE RULES  SPECIFY-
ING  THE  DOCUMENTS AND INFORMATION THAT CONTRACTORS MUST PROVIDE TO THE
CONTRACTING AGENCY FOR PURPOSES OF SUBPARAGRAPH THREE OF  PARAGRAPH  (B)
OF SUBDIVISION ONE OF THIS SECTION.
  4.  UPON  A  DETERMINATION  THAT  A CONTRACTOR IS IN VIOLATION OF THIS
SECTION, THE CONTRACTING AGENCY SHALL REVIEW SUCH INFORMATION AND  OFFER
THE  CONTRACTOR  AN  OPPORTUNITY  TO  RESPOND. IF THE CONTRACTING AGENCY
FINDS THAT A VIOLATION HAS OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE
APPROPRIATE AND PROVIDED FOR BY LAW, RULE OR  CONTRACT,  INCLUDING,  BUT
NOT  LIMITED  TO,  IMPOSING  SANCTIONS,  SEEKING  COMPLIANCE, RECOVERING
DAMAGES, DECLARING THE  CONTRACTOR  IN  DEFAULT,  SEEKING  DEBARMENT  OR
SUSPENSION OF THE CONTRACTOR AND/OR DEEMING IT AS NON-RESPONSIBLE.
  5. EVERY CONTRACT FOR OR ON BEHALF OF ALL CONTRACTING AGENCIES FOR THE
SUPPLY OF HANDGUNS SHALL CONTAIN A PROVISION OR PROVISIONS DETAILING THE
REQUIREMENTS OF THIS SECTION.
  6.  WITH  REGARD  TO  A "CONTRACTING AGENCY", THE REQUIREMENTS OF THIS
SECTION SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES:
  (A) THERE IS ONLY ONE PROSPECTIVE CONTRACTOR WILLING TO ENTER  INTO  A
CONTRACT; OR
  (B)  WHERE  IT IS DETERMINED THAT ALL BIDDERS TO A CONTRACT ARE DEEMED
INELIGIBLE FOR PURPOSES OF THIS SECTION; OR
  (C) WHERE IT IS AVAILABLE FROM  A  SOLE  SOURCE  AND  THE  PROSPECTIVE
CONTRACTOR  IS  NOT  CURRENTLY DISQUALIFIED FROM DOING BUSINESS WITH THE
CONTRACTING AGENCY; OR
  (D) THE CONTRACT IS NECESSARY IN ORDER  TO  RESPOND  TO  AN  EMERGENCY
WHICH  ENDANGERS  THE  PUBLIC  HEALTH  AND  SAFETY  AND  NO ENTITY WHICH
COMPLIES WITH THE REQUIREMENTS OF THIS SECTION CAPABLE OF RESPONDING  TO
THE EMERGENCY IS IMMEDIATELY AVAILABLE; OR
  (E)  WHERE  A  CONTRACTING  AGENCY WHOSE PRIMARY RESPONSIBILITY IS LAW
ENFORCEMENT DEEMS IT NECESSARY TO PURCHASE HANDGUNS FROM  OTHER  THAN  A
RESPONSIBLE SUPPLIER; OR
  (F)  WHERE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL VIOLATE OR
BE INCONSISTENT WITH THE TERMS AND CONDITIONS OF A GRANT, SUBVENTION, OR
CONTRACT OF THE UNITED STATES  OR  NEW  YORK  STATE  GOVERNMENT  OR  THE

S. 680--A                           4

INSTRUCTIONS  OF  AN  AUTHORIZED  REPRESENTATIVE OF ANY SUCH AGENCY WITH
RESPECT TO ANY SUCH GRANT, SUBVENTION, OR CONTRACT.
  ALL  WRITTEN  WAIVERS  SHALL  BECOME  PART OF THE CONTRACT FILE OF THE
CONTRACTING AGENCY. NOTWITHSTANDING ANY WAIVER, THE  CONTRACTING  AGENCY
SHALL  TAKE  EVERY REASONABLE MEASURE TO CONTRACT WITH A MANUFACTURER OR
DEALER WHO BEST SATISFIES THE REQUIREMENTS OF THIS SECTION.
  7. WITH REGARD TO "STATE AGENTS", THE  REQUIREMENTS  OF  THIS  SECTION
SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES:
  (A)  THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THERE IS ONLY ONE
PROSPECTIVE SUPPLIER WILLING OR ABLE TO SUPPLY SUCH HANDGUN; OR
  (B) WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT ALL PROSPEC-
TIVE SUPPLIERS ARE DEEMED INELIGIBLE FOR PURPOSES OF THIS SECTION; OR
  (C) WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THE  HANDGUN
IS AVAILABLE ONLY FROM A SOLE SOURCE AND THE PROSPECTIVE SUPPLIER IS NOT
CURRENTLY  DISQUALIFIED FROM DOING BUSINESS WITH THE CONTRACTING AGENCY;
OR
  (D) THE EMPLOYER OF THE STATE AGENT DETERMINES THAT IT IS NECESSARY IN
ORDER TO RESPOND TO AN EMERGENCY WHICH ENDANGERS THE PUBLIC  HEALTH  AND
SAFETY  AND  NO  ENTITY  WHICH  COMPLIES  WITH  THE REQUIREMENTS OF THIS
SECTION CAPABLE OF RESPONDING TO THE EMERGENCY IS IMMEDIATELY AVAILABLE;
OR
  (E) WHERE THE EMPLOYER OF THE STATE AGENT WHOSE PRIMARY RESPONSIBILITY
IS LAW ENFORCEMENT DEEMS IT NECESSARY TO PURCHASE  HANDGUNS  FROM  OTHER
THAN A RESPONSIBLE SUPPLIER; OR
  (F)  WHERE THE EMPLOYER OF THE STATE AGENT DEEMS THAT THE INCLUSION OR
APPLICATION OF SUCH PROVISIONS WILL VIOLATE OR BE INCONSISTENT WITH  THE
TERMS  AND  CONDITIONS OF A GRANT, SUBVENTION, OR CONTRACT OF THE UNITED
STATES OR NEW YORK STATE GOVERNMENT OR THE INSTRUCTIONS OF AN AUTHORIZED
REPRESENTATIVE OF ANY SUCH  AGENCY  WITH  RESPECT  TO  ANY  SUCH  GRANT,
SUBVENTION OR CONTRACT.
  8.  THIS  SECTION  SHALL  NOT APPLY TO ANY CONTRACT WITH A CONTRACTING
AGENCY ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
  9. IF ANY  SUBDIVISION,  PARAGRAPH,  SUBPARAGRAPH,  SENTENCE,  CLAUSE,
PHRASE,  OR  OTHER  PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED
UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE-
TENT JURISDICTION, SUCH PORTION SHALL  BE  DEEMED  SEVERABLE,  AND  SUCH
UNCONSTITUTIONALITY  OR  INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE
REMAINING PORTIONS OF  THIS  SECTION,  WHICH  REMAINING  PORTIONS  SHALL
CONTINUE IN FULL FORCE AND EFFECT.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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