senate Bill S5267

2011-2012 Legislative Session

Provides for the creation of a system of uniform identification cards for police and peace officers by the state director of homeland security

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2012 reported and committed to finance
Jan 04, 2012 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Jun 16, 2011 referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.1322
committee discharged and committed to rules
May 17, 2011 reported and committed to finance
May 03, 2011 referred to veterans, homeland security and military affairs

Votes

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Jun 5, 2012 - Veterans, Homeland Security and Military Affairs committee Vote

S5267
12
0
committee
12
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Jun 5, 2012

aye wr (2)

Jun 16, 2011 - Rules committee Vote

S5267
16
4
committee
16
Aye
4
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 17, 2011 - Veterans, Homeland Security and Military Affairs committee Vote

S5267
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: May 17, 2011

aye wr (1)

Co-Sponsors

S5267 - Bill Details

See Assembly Version of this Bill:
A8542
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง718, Exec L

S5267 - Bill Texts

view summary

Provides for the creation of a system of uniform identification cards for police and peace officers by the state director of homeland security; details information to be included in such ID cards.

view sponsor memo
BILL NUMBER:S5267

TITLE OF BILL:
An act
to amend the executive law, in relation to the creation of a system of
uniform identification cards for police and peace officers

PURPOSE:
To create a system of uniform identification cards for police and
peace officers and to establish a statewide database for the purpose
of creating, distributing, and monitoring uniform identification
cards for police and peace officers.

SUMMARY OF PROVISIONS:
Section One - Amends the executive law by creating a new section
718. This section establishes a centralized database to coordinate the
creation, distribution, and monitoring of uniform identification
cards which shall be done in coordination with the Division of
Criminal Justice Services and the databases they currently maintain
pursuant to sections 845 and 845A of the executive law. This section
provides standards that the uniform identification cards must meet.

Section One - Directs the Commissioner, in conjunction with the
division of criminal justice services, develop and distribute uniform
identification cards to all police and peace officers with a personal
identification number, person's badge number, height, weight, eye
color, sex and race.
Also, the identification cards will include the town, village, city,
county, department, district, division, agency or municipality that
the person is a volunteer with or employed for.

Also, this section provides the Commissioner will promulgate the rules
and regulations necessary to obtain the information necessary to
implement this database.

Section Two - This act shall take effect on the sixtieth day after it
shall have become law.

JUSTIFICATION:
The necessity of a uniform identification card and a statewide
database for all police and peace officers stems from the desire to
make New York safer and more equipped to mitigate the effects of a
natural or man-made disaster. On August 27, 2004 the President issued
Homeland Security Directive number 12 which outlined the necessity to
develop and implement policy that would create a common or uniform
identification standard for Federal employees and contractors. This
directive spawned a new Federal Information Processing Standard
(FIPS) number 201; which,
specifies the architecture and technical requirements for a common
identification standard for Federal employees and contractors. The
overall goal is to achieve appropriate security assurance for
multiple applications by efficiently verifying the claimed identity
of individuals seeking physical access to Federally controlled
government facilities and electronic access to government information
systems. According to a Department of Homeland Security Information
Bulletin,


terrorist groups view the theft or other illegal acquisition of
official identification, uniforms, or vehicles as an effective way to
increase access and decrease scrutiny in furtherance of their
planning and operations.

Terrorist groups have utilized police or military uniforms to mask
their identities and achieve closer access to their targets without
arousing suspicion. This was illustrated in the December 2002 suicide
bombings that targeted the Chechen Government Headquarters in
Groznyy, Russia.
Terrorists in South America, the Philippines and Pakistan have stolen
emergency medical services uniforms to facilitate the execution of
their attacks on key facilities.

A report released on April 7, 2006 by the Heritage Foundation and
George Washington University Homeland Security Policy Institute Task
Force, Empowering America: A Proposal for Enhancing Regional
Preparedness, found that the Jack of a uniform identification system
hobbles interagency coordination. There are a number of professions
and capacities that people serve in that are critical to an effective
response to an emergency; because of this, the verification of
identification, affiliation, and expertise cannot be accomplished
rapidly during a crisis unless there is some uniform identification
system. This legislation will allow emergency planners and law
enforcement officials to better understand the specific human
resources on hand at any given time and in any region so that we can
fortify our plans and better manage our assets. This seamless
identification for all police and peace officers will be utilized in
many situations, such as: when officers are deployed to areas outside
of their normal geographical area for national security and special
events (e.g. The Republican National Convention); during mutual
assistance across counties, natural and man-made disasters, and for
multi-agency coordination centers (MACC).

LEGISLATIVE HISTORY:
2006 - S.7681-A Passed Senate

FISCAL IMPLICATIONS:
According to the Division of Criminal Justice Services there were
65,942 sworn law enforcement officers across New York in 2004. At
about $6.50 for each identification card, this legislation would cost
the state $428,623, much of which could be offset by Federal funding
sources.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

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

                                  5267

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation  to  the  creation  of  a
  system of uniform identification cards for police and peace officers

  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 718 to
read as follows:
  S 718. UNIFORM IDENTIFICATION CARDS FOR POLICE AND PEACE OFFICERS.  1.
THE  COMMISSIONER  SHALL ESTABLISH AND MAINTAIN A STATEWIDE DATABASE FOR
THE PURPOSE OF CREATING, DISTRIBUTING AND MONITORING UNIFORM IDENTIFICA-
TION CARDS FOR ALL POLICE AND PEACE OFFICERS IN THE STATE AS SUCH  OFFI-
CERS  ARE  DEFINED  IN  SECTIONS 1.20 AND 2.10 OF THE CRIMINAL PROCEDURE
LAW.  THE COMMISSIONER, IN CONJUNCTION WITH  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES,  SHALL  PROVIDE  FOR  THE TRANSMISSION OF INFORMATION
CONTAINED IN THE REGISTRIES MAINTAINED PURSUANT TO SECTION EIGHT HUNDRED
FORTY-FIVE OF THIS CHAPTER.   THE COMMISSIONER MAY  REQUIRE  THE  TRANS-
MISSION  OF  SUCH  INFORMATION  AS HE DEEMS NECESSARY TO COMPLY WITH THE
PROVISIONS OF THIS SECTION.
  2. THE COMMISSIONER, IN CONJUNCTION  WITH  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES,  SHALL  DEVELOP AND DISTRIBUTE UNIFORM IDENTIFICATION
CARDS TO ALL POLICE AND PEACE OFFICERS IN THIS STATE WHICH SHALL CONTAIN
ALL THE FOLLOWING INFORMATION:
  (A) A PERSONAL IDENTIFICATION NUMBER AND THE PERSON'S BADGE NUMBER, IF
APPLICABLE;
  (B) THE INDIVIDUAL'S HEIGHT, WEIGHT, EYE COLOR, SEX AND RACE;
  (C) THE TOWN, VILLAGE, CITY, COUNTY, DEPARTMENT,  DISTRICT,  DIVISION,
AGENCY  OR  MUNICIPALITY THAT THE PERSON IS A VOLUNTEER WITH OR EMPLOYED
FOR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11290-01-1

S. 5267                             2

  (D) A DIGITIZED PHOTOGRAPH OF THE PERSON THAT SHALL  BE  THE  PERSON'S
DRIVER'S LICENSE PHOTOGRAPH AND SHALL BE OBTAINED FROM THE DEPARTMENT OF
MOTOR VEHICLES;
  (E) A DISTINCTIVE MARK OR SYMBOL WHICH DESIGNATES THE PERSON'S SPECIAL
EXPERTISE, TRAINING AND RANK, IF APPLICABLE;
  (F) THE NEW YORK STATE SEAL;
  (G) ANY OTHER INFORMATION THE DIRECTOR DEEMS APPROPRIATE.
  3.  THE  COMMISSIONER  SHALL  ESTABLISH  PROCEDURES  FOR DIRECTING THE
RETURN OF IDENTIFICATION CARDS WHEN A PERSON'S EMPLOYMENT OR ASSOCIATION
WITH THE TOWN, VILLAGE, CITY, COUNTY,  DEPARTMENT,  DISTRICT,  DIVISION,
AGENCY  OR  MUNICIPALITY  FOR  WHICH THEY VOLUNTEER WITH OR WORK FOR HAS
ENDED AND FOR PLACING AN ALERT IN THE DATABASE WHERE  A  CARD  HAS  BEEN
LOST  OR  STOLEN  AND  ANY ACTION THE COMMISSIONER DEEMS NECESSARY UNDER
SUCH CIRCUMSTANCES.
  4. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY
TO  OBTAIN  THE INFORMATION NECESSARY TO IMPLEMENT THE DATABASE REQUIRED
BY THIS SECTION, ISSUE UNIFORM IDENTIFICATION CARDS, ENSURE  THAT  DIGI-
TIZED  PHOTOGRAPHS  ARE  RECENT AND ESTABLISH PROGRAMS OR INITIATIVES TO
SUPPLEMENT SUCH SYSTEM FOR THE  PURPOSE  OF  IMPROVING  LAW  ENFORCEMENT
SECURITY.  THE  COMMISSIONER  SHALL  CONSULT AND COMPLY WITH ANY FEDERAL
LAWS, RULES, REGULATIONS OR STANDARDS  PERTAINING  TO  THE  ISSUANCE  OF
UNIFORM LAW ENFORCEMENT IDENTIFICATION CARDS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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