S T A T E   O F   N E W   Y O R K
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                                  3345

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 17, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to establishing  replace-
  ment periods of soft bodied ballistic armor vests for police officers

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

  Section 1. Subdivisions 3 and 4-a of section 837-d  of  the  executive
law,  subdivision  3  as  amended by chapter 503 of the laws of 1991 and
subdivision 4-a as added by chapter 555 of the laws of 1988, are amended
to read as follows:
  3. Reimbursement shall be made only for vests 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  promulgated
pursuant  to  subdivisions  six  and six-a of this section, and shall be
limited to the total amount appropriated for such purpose. Reimbursement
for any vest shall not exceed an amount which in  the  judgment  of  the
commissioner would be the cost of a vest conforming to minimum standards
and  specifications  in  effect  at  the  time  the  vest was purchased.
Selection of vests shall be a determination to be made by the  applicant
in  accordance with rules and regulations promulgated by the commission-
er. Such rules and  regulations  shall  provide  that,  subject  to  the
provisions  of subdivisions six and six-a of this section, the applicant
may select from a range of vests including those commonly known or clas-
sified as type I, type II-A, type II or  type  III-A  in  such  standard
classification  systems  as  the national institute of justice standards
for ballistic resistance of police body armor.   IN NO  EVENT,  HOWEVER,
SHALL  A  VEST  BE  KEPT FOR ACTIVE USE MORE THAN FIVE YEARS AFTER BEING
ISSUED TO A  POLICE  OFFICER  UNLESS  OTHERWISE  DIRECTED  BY  COMPETENT
AUTHORITY.
  4-a.  An  applicant  for  reimbursement pursuant to this section shall
report the name of each eligible police officer for  whom  reimbursement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10421-01-9
              

S. 3345                             2

is sought. The applicant shall report whether such eligible police offi-
cer or officers have, at any time during the [ten] FIVE years immediate-
ly  preceding  the application for reimbursement, been provided with any
other  vest  for  which  reimbursement  pursuant  to  this  section  was
provided, the date of any such prior reimbursement and any other  infor-
mation that the commissioner may require for accurate record-keeping and
accountability  and  for evaluation of performance, wear and officer use
of vests.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.