Assembly Bill A7937

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

                                  7937

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. GOLDFED-
  ER -- read once and referred to the Committee on Labor

AN  ACT  to  amend the labor law, in relation to requiring employers who
  employ one or more police  officers  to  provide  ballistic  soft-body
  armor vests to New York city police officers

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

  Section 1. Paragraph d of subdivision 4 of section 27-a of  the  labor
law  is relettered paragraph e and a new paragraph d is added to read as
follows:
  D. ANY EMPLOYER LOCATED IN A  CITY  WITH  A  POPULATION  OF  OVER  ONE
MILLION  AND  THAT  EMPLOYS  ONE  OR MORE POLICE OFFICERS, AS DEFINED BY
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,
SHALL  PROVIDE,  AT  THE  EXPENSE OF THE EMPLOYER, A BALLISTIC SOFT-BODY
ARMOR VEST TO EACH POLICE OFFICER ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH AND SHALL REPLACE EACH POLICE  OFFICER'S  BALLISTIC  SOFT-BODY
ARMOR  VEST  AS REQUIRED BY THIS PARAGRAPH OR MORE STRINGENT REGULATIONS
PROMULGATED BY THE COMMISSIONER IN CONSULTATION  WITH  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEV-
EN-D OF THE EXECUTIVE LAW. UNLESS EXPRESSLY AGREED PURSUANT TO A COLLEC-
TIVE BARGAINING AGREEMENT, AN EMPLOYER SHALL NOT REQUIRE A POLICE  OFFI-
CER  TO  PURCHASE  A  BALLISTIC  SOFT-BODY  ARMOR  VEST OUT OF A UNIFORM
ALLOWANCE PROVIDED BY THE EMPLOYER OR  ANY  OTHER  AMOUNT  PAID  BY  THE
EMPLOYER  TO  A  POLICE  OFFICER  FOR THE PURPOSE OF PURCHASING UNIFORMS
AND/OR EQUIPMENT.
  (I) AS USED IN THIS PARAGRAPH, "BALLISTIC SOFT-BODY ARMOR VEST"  SHALL
MEAN  A  CUSTOM-FITTED, CONCEALABLE, SOFT-BODY ARMOR OR BULLETPROOF VEST
THAT MEETS OR EXCEEDS THE STANDARDS OF VESTS COMMONLY KNOWN  OR  CLASSI-
FIED  AS  TYPE  III-A  WITH  SIDE  AND EXTENDED PROTECTION, OR ANY OTHER
CUSTOM-FITTED, CONCEALABLE, SOFT-BODY ARMOR VEST THAT MAY BE  DEVELOPED,
TESTED,  AND  APPROVED  WHICH  EXCEEDS  THE LEVEL OF PROTECTION OF THOSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09901-01-5
              

A. 7937                             2

VESTS COMMONLY KNOWN OR CLASSIFIED AS TYPE III-A WITH SIDE AND  EXTENDED
PROTECTION  IN  SUCH  STANDARD  CLASSIFICATION SYSTEMS SET FORTH  BY THE
NATIONAL INSTITUTE OF JUSTICE AND  FOUND  TO  MEET  OR  EXCEED  (A)  THE
REQUIREMENTS  OF  NATIONAL INSTITUTE OF JUSTICE STANDARDS 0101.06 AND/OR
THE HIGHEST INDUSTRY STANDARD THEN IN EFFECT AT  THE  TIME  OR  (B)  ANY
OTHER  REQUIREMENTS  FOR VESTS SET FORTH IN SUBSEQUENT REVISIONS THEREOF
WHICH OTHERWISE COMPLY WITH MORE STRINGENT  REQUIREMENTS  SET  FORTH  IN
REGULATIONS  PROMULGATED  BY THE COMMISSIONER.   NOTHING IN THIS SECTION
SHALL PROHIBIT AN EMPLOYER FROM  PROVIDING  POLICE  OFFICERS  UNDER  ITS
EMPLOY  BALLISTIC SOFT-BODY ARMOR VESTS THAT EXCEED THE MINIMUM REQUIRE-
MENTS SET FORTH IN THIS  SUBPARAGRAPH  OR  REGULATIONS  ADOPTED  BY  THE
COMMISSIONER.
  (II)  ALL  BALLISTIC SOFT-BODY ARMOR VESTS PROVIDED TO POLICE OFFICERS
UNDER THIS PARAGRAPH ARE REQUIRED TO, AT A MINIMUM, BE REPLACED  AT  THE
EXPENSE  OF THE EMPLOYER (A) ON OR BEFORE THE EXPIRATION OF THE MANUFAC-
TURER'S WARRANTY PERIOD BUT NOT LATER THAN FIVE YEARS AFTER THE DATE  OR
PURCHASE  BY  THE EMPLOYER; (B) AFTER ANY BALLISTIC SOFT-BODY ARMOR VEST
SUSTAINS A HIT FROM A FIREARM  OR  PROJECTILE;  (C)  AFTER  A  BALLISTIC
SOFT-ARMOR VEST IS DAMAGED OR DESTROYED DUE TO ITS USE IN SERVICE, WEAR,
OR  ANY  OTHER  REASON THAT WOULD AFFECT THE PROTECTIVE QUALITIES OF THE
BALLISTIC SOFT-BODY ARMOR VEST NECESSITATING ITS REMOVAL  FROM  SERVICE;
OR (D) WHEN, FOR ANY REASON, THE VEST DOES NOT PROPERLY FIT OR OTHERWISE
DOES  NOT  PROVIDE  THE  NECESSARY  PROTECTION FOR THE INDIVIDUAL POLICE
OFFICER.
  (III) NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO OFFSET THE COST  IN
PROVIDING  OR  REPLACING  BALLISTIC SOFT-BODY ARMOR VESTS AS REQUIRED BY
THIS PARAGRAPH, AN EMPLOYER MAY  APPLY  FOR  REIMBURSEMENT  PURSUANT  TO
SECTION EIGHT HUNDRED THIRTY-SEVEN-D OF THE EXECUTIVE LAW OR ANY FEDERAL
OR  STATE PROGRAM THEN IN EFFECT FOR THE REIMBURSEMENT OR REPLACEMENT OF
BALLISTIC SOFT-BODY ARMOR VESTS FOR POLICE OFFICERS WITHIN THE STATE.
  S 2. The act shall take effect immediately.