Assembly Bill A2685

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2449                                                  A. 2685
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sens.  MAYER,  STEWART-COUSINS, ADDABBO,
   BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
   GIANARIS, GOUNARDES, HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,
   KAVANAGH,  KRUEGER,  LIU,  MONTGOMERY,  MYRIE, PARKER, PERSAUD, RAMOS,
   SALAZAR, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 IN  ASSEMBLY  --  Introduced  by M. of A. L. ROSENTHAL, HEASTIE, LENTOL,
   PEOPLES-STOKES, GOTTFRIED, ABINANTI, JAFFEE,  WEPRIN,  CRUZ,  FRONTUS,
   GRIFFIN,  JACOBSON, PICHARDO, REYES, SAYEGH, STECK, STERN -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   municipal  gun buyback program; and to amend the state finance law, in
   relation to the municipal gun buyback program fund
 
   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 233 to
 read as follows:
   §  233.  MUNICIPAL GUN BUYBACK PROGRAM. 1. THERE IS HEREBY ESTABLISHED
 WITHIN THE DIVISION OF THE STATE POLICE A MUNICIPAL GUN BUYBACK PROGRAM.
 AGENCIES APPROVED BY  THE  SUPERINTENDENT  MAY  PARTICIPATE  SUBJECT  TO
 AVAILABLE  APPROPRIATIONS  AND  FUNDS  IN THE MUNICIPAL GUN BUYBACK FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-CC  OF  THE  STATE  FINANCE
 LAW.
   2.  THE  DIVISION  OF  STATE POLICE SHALL ADMINISTER THE MUNICIPAL GUN
 BUYBACK PROGRAM AND PROMULGATE RULES AND REGULATIONS THE  SUPERINTENDENT
 DEEMS NECESSARY FOR THE IMPLEMENTATION OF SUCH PROGRAM. SUCH RULES SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 SA                                                         LBD08822-02-9

              

 S. 2449                             2                            A. 2685
 
   (A)  THE  MANNER  IN  WHICH AN AGENCY MAY APPLY FOR FUNDS TO SUPPORT A
 MUNICIPAL GUN BUYBACK PROGRAM AND THE MANNER IN WHICH SUCH FUNDS WILL BE
 ALLOCATED AND DISTRIBUTED;
   (B)  GUIDELINES FOR THE SAFE STORAGE AND DISPOSAL OF FIREARMS, RIFLES,
 SHOTGUNS, AND  AMMUNITION  RECEIVED  AS  PART  OF  THE  PROGRAM  IN  THE
 POSSESSION  OF  THE PARTICIPATING AGENCY, RETURN OF ANY RECOVERED STOLEN
 PROPERTY TO  ITS  RIGHTFUL  OWNER  AS  APPROPRIATE,  AND  RETENTION  FOR
 EVIDENCE  OF  ANY FIREARM, RIFLE, OR SHOTGUN SUSPECTED TO HAVE BEEN USED
 IN A CRIME;
   (C) GUIDELINES FOR AN AGENCY PARTICIPATING IN THE PROGRAM  TO  COORDI-
 NATE WITH COMMUNITY GROUPS WITHIN ITS JURISDICTION; AND
   (D)  GUIDELINES FOR ALLOWING INDIVIDUALS TO SURRENDER FIREARMS, RIFLES
 AND SHOTGUNS AND ELIGIBILITY FOR MONETARY REWARDS.
   3. THE PROVISIONS OF SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVISION
 A OF SECTION 265.20 OF THE PENAL LAW SHALL APPLY TO ANY PERSON VOLUNTAR-
 ILY SURRENDERING A FIREARM, RIFLE OR SHOTGUN PURSUANT TO THIS SECTION.
   4.  ANY  AGENCY  SHALL  BE AUTHORIZED TO DEVELOP AND IMPLEMENT ITS OWN
 MUNICIPAL GUN BUYBACK PROGRAM PROVIDED IT IS OTHERWISE PERMITTED BY  LAW
 AND CONFORMS TO THE RULES AND REGULATIONS PROMULGATED BY THE SUPERINTEN-
 DENT AND OUTLINED IN SUBDIVISION TWO OF THIS SECTION.
   5.  FOR  PURPOSES  OF  THIS SECTION "AGENCY" MEANS THE POLICE FORCE OR
 DEPARTMENT OF ANY COUNTY, CITY, TOWN, OR VILLAGE OR A COUNTY SHERIFF.
   § 2. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   § 97-CC. MUNICIPAL GUN BUYBACK PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
 LISHED, IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER  OF
 TAXATION  AND  FINANCE  A  FUND TO BE KNOWN AS THE MUNICIPAL GUN BUYBACK
 PROGRAM FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE  PURPOSE
 OF  SUCH FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO, TRANSFERRED OR
 CREDITED TO SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO
 IT.
   3. MONEYS OF THE MUNICIPAL GUN BUYBACK PROGRAM FUND  SHALL  BE  SOLELY
 AVAILABLE,  FOLLOWING APPROPRIATION BY THE LEGISLATURE AND IN ACCORDANCE
 WITH LAW TO ASSIST AGENCIES, AS DEFINED IN SECTION TWO  HUNDRED  THIRTY-
 THREE OF THE EXECUTIVE LAW, TO OPERATE BUYBACK PROGRAMS ACCORDING TO THE
 RULES AND REGULATIONS OF THE SUPERINTENDENT OF THE STATE POLICE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.