senate Bill S3887

2013-2014 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
Jan 08, 2014 referred to veterans, homeland security and military affairs
May 07, 2013 reported and committed to finance
Feb 26, 2013 referred to veterans, homeland security and military affairs

Votes

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May 7, 2013 - Veterans, Homeland Security and Military Affairs committee Vote

S3887
9
1
committee
9
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Veterans, Homeland Security and Military Affairs Committee Vote: May 7, 2013

nay (1)
aye wr (2)

S3887 - Bill Details

See Assembly Version of this Bill:
A6039
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Add ยง719, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S5267, A8542

S3887 - Bill Texts

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

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BILL NUMBER:S3887

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 719.
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 (HPS) 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: 06/06/12 Reported and committed to finance

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
________________________________________________________________________

                                  3887

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

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 719 to
read as follows:
  S 719. 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.
                                                           LBD07288-01-3

S. 3887                             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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