S T A T E O F N E W Y O R K
________________________________________________________________________
2908
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. KOON -- Multi-Sponsored by -- M. of A. BRADLEY --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to making trigger locks
for firearms available to police and peace officers and providing for
state assumption of the costs thereof
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 837-dd
to read as follows:
S 837-DD. TRIGGER LOCKS FOR POLICE AND PEACE OFFICERS. 1. AS USED IN
THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
(A) "ELIGIBLE POLICE OR PEACE OFFICER" MEANS A POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OR A PEACE OFFICER AS
DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW WHOSE REGULAR
DUTIES REQUIRE SUCH OFFICER TO CARRY A PISTOL OR REVOLVER;
(B) "TRIGGER LOCK" MEANS A REMOVABLE DEVICE THAT PREVENTS THE OPERA-
TION OF THE TRIGGER OF A PISTOL OR REVOLVER;
(C) "MUNICIPAL CORPORATION" MEANS A COUNTY, CITY, TOWN, VILLAGE, OR
POLICE DISTRICT;
(D) "PUBLIC AUTHORITY" MEANS AN INDEPENDENT AUTONOMOUS PUBLIC CORPO-
RATION CREATED BY SPECIAL ACT OF THE LEGISLATURE;
(E) "PUBLIC BENEFIT CORPORATION" MEANS A CORPORATION ORGANIZED TO
CONSTRUCT OR OPERATE A PUBLIC IMPROVEMENT WHOLLY WITHIN THE STATE;
(F) "STATE AGENCY" MEANS A DEPARTMENT, BOARD, BUREAU, COMMISSION,
AGENCY, OR OTHER DIVISION OF STATE GOVERNMENT;
(G) "APPLICANT" MEANS A STATE AGENCY, MUNICIPAL CORPORATION, PUBLIC
AUTHORITY, PUBLIC BENEFIT CORPORATION, OR THE HIGHEST OFFICIAL THEREOF.
2. AN APPLICANT WHICH IS AUTHORIZED TO EMPLOY AND EMPLOYS POLICE OR
PEACE OFFICERS MAY APPLY TO THE COMMISSIONER FOR REIMBURSEMENT OF FUNDS
EXPENDED FOR THE PURCHASE OF TRIGGER LOCKS FOR ELIGIBLE POLICE OR PEACE
OFFICERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01628-01-9
A. 2908 2
3. REIMBURSEMENT SHALL BE MADE ONLY FOR TRIGGER LOCKS WHICH AT THE
TIME OF PURCHASE MEET OR EXCEED THE MINIMUM STANDARDS AND SPECIFICATIONS
IN EFFECT ON THAT DATE AS PRESCRIBED BY RULES AND REGULATIONS PROMULGAT-
ED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, AND SHALL BE LIMITED
TO THE TOTAL AMOUNT APPROPRIATED FOR SUCH PURPOSE. REIMBURSEMENT FOR ANY
TRIGGER LOCK SHALL NOT EXCEED AN AMOUNT WHICH IN THE JUDGMENT OF THE
COMMISSIONER WOULD BE THE COST OF A TRIGGER LOCK CONFORMING TO MINIMUM
STANDARDS AND SPECIFICATIONS IN EFFECT AT THE TIME THE TRIGGER LOCK WAS
PURCHASED. SELECTION OF TRIGGER LOCKS SHALL BE A DETERMINATION TO BE
MADE BY THE APPLICANT IN ACCORDANCE WITH RULES AND REGULATIONS PROMUL-
GATED BY THE COMMISSIONER. SUCH RULES AND REGULATIONS SHALL PROVIDE
THAT, SUBJECT TO THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION,
THE APPLICANT MAY SELECT FROM A RANGE OF TRIGGER LOCKS.
4. THE COMMISSIONER SHALL REQUIRE ANY APPLICANT SEEKING REIMBURSEMENT
FOR TRIGGER LOCKS TO APPLY FOR ANY AVAILABLE FEDERAL FUNDS. ANY APPLI-
CANT FAILING TO DO SO SHALL NOT BE ENTITLED TO REIMBURSEMENT UNDER THIS
SECTION. THE COMMISSIONER MAY WAIVE SUCH FAILURE FOR GOOD CAUSE. THE
COMMISSIONER SHALL MAINTAIN A PUBLIC RECORD OF ALL SUCH WAIVERS AND THE
REASONS THEREFOR. REIMBURSEMENT MAY BE WITHHELD PENDING THE DETERMI-
NATION OF AN APPLICATION FOR FEDERAL FUNDS.
5. AN APPLICANT FOR REIMBURSEMENT PURSUANT TO THIS SECTION SHALL
REPORT THE NAME OF EACH ELIGIBLE POLICE OR PEACE OFFICER FOR WHOM
REIMBURSEMENT IS SOUGHT. THE APPLICANT SHALL REPORT WHETHER SUCH ELIGI-
BLE POLICE OR PEACE OFFICER OR OFFICERS HAVE, AT ANY TIME DURING THE TEN
YEARS IMMEDIATELY PRECEDING THE APPLICATION FOR REIMBURSEMENT, BEEN
PROVIDED WITH ANY OTHER TRIGGER LOCK FOR WHICH REIMBURSEMENT PURSUANT TO
THIS SECTION WAS PROVIDED, THE DATE OF ANY SUCH PRIOR REIMBURSEMENT, AND
ANY OTHER INFORMATION THAT THE COMMISSIONER MAY REQUIRE FOR ACCURATE
RECORD-KEEPING AND ACCOUNTABILITY AND FOR EVALUATION OF PERFORMANCE,
WEAR AND OFFICER USE OF TRIGGER LOCKS.
6. THE AMOUNT OF ANY REIMBURSEMENT AUTHORIZED TO BE MADE PURSUANT TO
SUBDIVISION THREE OF THIS SECTION SHALL BE REDUCED BY THE AMOUNT OF ANY
FEDERAL FUNDS GRANTED TO THE APPLICANT FOR THE PURPOSE OF PURCHASING
TRIGGER LOCKS, AND BY THE AMOUNT OF ANY OTHER FUNDS RECEIVED DIRECTLY OR
INDIRECTLY FOR THAT PURPOSE BY THE APPLICANT.
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PRESCRIBING STANDARDS
AND SPECIFICATIONS FOR TRIGGER LOCKS AND PROCEDURES FOR TRIGGER LOCK
SELECTION BY AND REIMBURSEMENT TO APPLICANTS.
8. NEITHER THE STATE NOR THE APPLICANT SHALL BE LIABLE TO ANY PERSON
FOR THE DEATH OF OR INJURY TO ANY PERSON RESULTING FROM ANY DEFECT OR
DEFICIENCY IN A TRIGGER LOCK FOR WHICH REIMBURSEMENT IS MADE OR FOR
WHICH REIMBURSEMENT IS AVAILABLE PURSUANT TO THIS SECTION.
9. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN
APPLICANT FROM EXPENDING ITS OWN FUNDS FOR TRIGGER LOCKS IN AMOUNTS
EXCEEDING THE ESTABLISHED STATE REIMBURSEMENT LIMITATIONS. NOTHING IN
THIS SECTION SHALL BE DEEMED TO PROHIBIT ANY APPLICANT FROM ACCEPTING A
GIFT OF TRIGGER LOCKS.
10. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
TO PROVIDE FOR THE ORDERLY EFFECTUATION OF THE PROVISIONS OF THIS
SECTION.
11. THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A RECORD CONTAINING
THE NAME OF EACH ELIGIBLE POLICE OR PEACE OFFICER WHO RECEIVES A TRIGGER
LOCK FOR WHICH REIMBURSEMENT HAS BEEN PROVIDED PURSUANT TO THIS SECTION,
THE APPLICANT TO WHOM REIMBURSEMENT FOR SUCH TRIGGER LOCK IS PROVIDED,
THE DATE ON WHICH SUCH REIMBURSEMENT WAS PROVIDED AND ANY OTHER INFORMA-
TION THAT THE COMMISSIONER MAY REQUIRE FOR ACCURATE RECORD-KEEPING AND
A. 2908 3
ACCOUNTABILITY AND FOR EVALUATION OF PERFORMANCE, WEAR, AND OFFICER USE
OF TRIGGER LOCKS.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of criminal
justice services is authorized to immediately promulgate any and all
rules and regulations and take any other measures necessary to implement
this act on its effective date.