NY State Senate Bill S2449

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2019	signed chap.139
Jul 30, 2019	delivered to governor
Jan 29, 2019	returned to senate passed assembly ordered to third reading rules cal.22 substituted for a2685 referred to ways and means delivered to assembly passed senate
Jan 28, 2019	ordered to third reading cal.93 reported and committed to rules
Jan 24, 2019	referred to codes

Votes

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Jan 29, 2019 - floor Vote

S2449

floor

Aye

Nay

Absent

Excused

Abstained

Jan 29, 2019 - Codes committee Vote

S2449

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 28, 2019 - Rules committee Vote

S2449

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

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S2449 (ACTIVE) - Details

See Assembly Version of this Bill:: A2685
Law Section:: Executive Law
Laws Affected:: Add §233, Exec L; add §97-cc, St Fin L

S2449 (ACTIVE) - Summary

Establishes the municipal gun buyback program by the division of state police for the voluntary return of guns; establishes the municipal gun buyback program fund to fund the program.

S2449 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2449

SPONSOR: MAYER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill directs the Division of State Police, in conjunction with the
Department of State, to provide a statewide standard of for the safe
removal of illegal, unsecured, abandoned, or unwanted firearms.  These
rules and regulations would replicate those programs that have been
successfully implemented around the state.

 
SUMMARY OF PROVISIONS:

Section one amends the executive law by adding a new section 233.

Section two amends the state finance law by adding a new section 97-cc.
Section three sets forth the effective date.

 
JUSTIFICATION:

Around the country, local communities in conjunction with their police
departments have taken action to reduce the Proliferation of guns in our
neighborhoods. In light of the recent events in Newton, CT., New York
State has led the way in tightening access to assault weapons and ille-
gal firearms.

Across the state, many organizations are hosting "gun buyback" programs
to get rid of unwanted or illegal guns. While the popularity of these
programs continues to grow, they do not occur everywhere and lack
consistent standards. It is important that the State set minimum stand-
ards to ensure that these programs accomplish their stated goals of
reducing the proliferation of guns in our neighborhood and require that
these programs take place in every county in the state.

This legislation would create sound guidelines and establish statewide
regulations aimed at strengthening existing gun buyback programs and
create new programs to ensure easy accessibility to the public, and that
best practices are being followed by all localities.

 
PRIOR LEGISLATIVE HISTORY:

2015-16: A.1315 Referred to Codes
2013-14:  A.6650 - Referred to Codes
2018: S8439

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made and completed
on or before such effective date.

S2449 (ACTIVE) - Bill Text download pdf


                    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.

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The New York State Senate

senate Bill S2449

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jan 29, 2019 - floor Vote

Floor Vote: Jan 29, 2019

Jan 29, 2019 - Codes committee Vote

Codes Committee Vote: Jan 29, 2019

Jan 28, 2019 - Rules committee Vote

Rules Committee Vote: Jan 28, 2019

Co-Sponsors

S2449 (ACTIVE) - Details

S2449 (ACTIVE) - Summary

S2449 (ACTIVE) - Sponsor Memo

S2449 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2449

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Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jan 29, 2019 - floor Vote

Floor Vote: Jan 29, 2019

Jan 29, 2019 - Codes committee Vote

Codes Committee Vote: Jan 29, 2019

Jan 28, 2019 - Rules committee Vote

Rules Committee Vote: Jan 28, 2019

Co-Sponsors

S2449 (ACTIVE) - Details

S2449 (ACTIVE) - Summary

S2449 (ACTIVE) - Sponsor Memo

S2449 (ACTIVE) - Bill Text download pdf

Comments