S T A T E O F N E W Y O R K
________________________________________________________________________
8736
2009-2010 Regular Sessions
I N A S S E M B L Y
June 4, 2009
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Introduced by M. of A. KOLB, BACALLES, BURLING, BUTLER, CALHOUN, CORWIN,
CROUCH, DUPREY, GIGLIO, HAWLEY, HAYES, JORDAN, McDONOUGH, MOLINARO,
OAKS, RABBITT, RAIA, SCOZZAFAVA, TOBACCO, TOWNSEND, WALKER -- Multi-
Sponsored by -- M. of A. BARCLAY, GABRYSZAK, JEFFRIES, MAGEE, MENG,
QUINN, SALADINO, TEDISCO, THIELE, WEISENBERG -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to state participation in
the federal law enforcement support office equipment program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent and purpose. The secretary of defense is
authorized by 10 U.S.C S2576a to transfer to federal and state agencies,
at no charge, personal property that is in excess to the needs of the
department of defense and that the secretary determines is suitable to
be used by such agencies in law enforcement activities, with an emphasis
on counterdrug/counterterrorism activities. The authorities granted to
the secretary of defense have been delegated to the defense logistic
agency's law enforcement support office (LESO) in determining whether
property is suitable for use by agencies in law enforcement activities.
The defense logistics agency defines law enforcement activities as
activities performed by government agencies whose primary function is
the enforcement of applicable federal, state and local laws and whose
compensated law enforcement officers have powers of arrest and apprehen-
sion.
Currently over 17,000 federal and state law enforcement agencies from
49 states and the U.S. territories participate in the program. Examples
of surplus property include aircraft, vehicles, weapons and accessories,
body armor, generators, night vision goggles, cameras, computers and
training equipment.
Public safety cannot be compromised during these difficult economic
times. Participation in the LESO 1033 program will allow law enforcement
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11708-01-9
A. 8736 2
agencies throughout the state to acquire the equipment needed to carry
out their duties more effectively, at no cost to taxpayers.
S 2. The executive law is amended by adding a new section 845-c to
read as follows:
S 845-C. LESO 1033 PROGRAM. 1. THE STATE OF NEW YORK SHALL ENTER INTO
A MEMORANDUM OF AGREEMENT WITH THE DEFENSE LOGISTICS AGENCY ON BEHALF OF
THE SECRETARY OF DEFENSE WITH RESPECT TO EXCESS DEPARTMENT OF DEFENSE
PERSONAL PROPERTY WHICH IS TRANSFERRED PURSUANT TO 10 U.S.C. S2576A.
2. THE STATE SHALL ESTABLISH AND SUBMIT TO THE DEFENSE LOGISTICS AGEN-
CY, A PLAN OF OPERATION, DEVELOPED IN ACCORDANCE WITH FEDERAL AND STATE
LAW AND CONFORMING TO THE PROVISIONS OF THE MEMORANDUM OF AGREEMENT.
SUCH PLAN SHALL: (A) DETAIL ORGANIZATIONAL AND OPERATIONAL AUTHORITY
INCLUDING STAFFING AND FACILITIES; AND (B) ADDRESS PROCEDURES FOR MAKING
DETERMINATIONS OF ELIGIBILITY, ALLOCATION AND EQUITABLE DISTRIBUTION OF
PROPERTY, COMPLIANCE AND REUTILIZATION REVIEWS, AND PROCEDURES WITH
RESPECT TO ACCOUNTABILITY AND PROPERTY DISPOSAL.
3. THE GOVERNOR SHALL APPOINT THE COMMISSIONER AS STATE COORDINATOR
FOR THE LESO 1033 PROGRAM WHO SHALL DESIGNATE A POINT OF CONTACT WITH
SIGNATURE AUTHORITY TO ADMINISTER THE DAY-TO-DAY OPERATIONS OF THE
PROGRAM.
4. ALL REQUESTS FOR PROPERTY SHALL BE BASED ON BONA FIDE LAW ENFORCE-
MENT REQUIREMENTS. PROPERTY RECEIVED THROUGH THE LESO 1033 PROGRAM SHALL
ONLY BE DISTRIBUTED TO AUTHORIZED LAW ENFORCEMENT AGENCIES. ANY TRANS-
PORTATION, REPAIR, MAINTENANCE, INSURANCE, DISPOSAL OR OTHER EXPENSES
ASSOCIATED WITH SUCH PROPERTY SHALL BE THE SOLE RESPONSIBILITY OF THE
STATE OF NEW YORK.
S 3. This act shall take effect immediately.