NY State Senate Bill 2019-S8574

Senate Bill S8574

2019-2020 Legislative Session

Prohibits the transfer, acceptance, or purchase of military weapons or machinery from the United States government

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2020	referred to rules

2019-S8574 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §212, Exec L; amd §656, County L; amd §150, Town L; add §4-a, Chap 360 of 1911
Versions Introduced in Other Legislative Sessions:: 2021-2022: S511
2023-2024: S111

2019-S8574 (ACTIVE) - Summary

Prohibits the transfer, acceptance, or purchase of military weapons or machinery from the United States government.

2019-S8574 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8574

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the executive law, the county law, the town law and
chapter 360 of the laws of 1911 relating to police in certain munici-
palities, in relation to prohibit the transfer, acceptance, or purchase
of military weapons or machinery from the United States government

 
PURPOSE OR GENERAL IDEA OF BILL:

The act amends several sections of law to prevent the authorization of
any transfer, acceptance, or purchase of military weapons, gear, or
machinery from the United States government.

 
SUMMARY OF PROVISIONS:

Section 1: The Executive Law is amended to prevent the Superintendent of
State Police, or his or her deputies, from authorizing the transfer,
acceptance, or purchase of military weapons, gear, or machinery from the

United States government.

Section 2: The County Law is amended to prevent the sheriff, or his or
her deputies from authorizing the transfer, acceptance, or purchase of
military weapons, gear, or machinery from the United States government.

Section 3: The town law is amended to prevent any town board or local
police department from authorizing the transfer, acceptance, or purchase
of military weapons, gear, or machinery from the United States govern-
ment.

Section 4: The unconsolidated law is amended to prevent any law enforce-
ment agency not governed by other sections of law from authorizing the
transfer, acceptance, or purchase of military weapons, gear, or machin-
ery from the United States government.

Section 5: This act shall take effect immediately.

 
JUSTIFICATION:

The United States Department of Defense 1033 program allows for the
transfer of excess military equipment to local law enforcement agencies.
The program has provided local law enforcement with equipment such as
copy machines, chairs, and computers. This has saved localities and
police departments money through being able to accept these donations.
The 1033 program has also led to the donation of military-grade tactical
equipment and vehicles to local precincts.

This has contributed to the over-militarization of local police depart-
ments. According to a 2014 report, law enforcement in New York has
accepted items such as tactical rifles, mine resistant vehicles, and
small tanks. This legislation would begin to address the over-militari-
zation of local police departments by preventing the purchase, or
acceptance of any military weapons or machinery by State, County, and
local police departments.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be decided

 
EFFECTIVE DATE:
Immediately

2019-S8574 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8574
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, the county  law,  the  town  law  and
   chapter  360 of the laws of 1911 relating to police in certain munici-
   palities,  in  relation  to  prohibit  the  transfer,  acceptance,  or
   purchase  of  military  weapons  or  machinery  from the United States
   government
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 212 of the executive law, as amended by chapter 83
 of the laws of 1995, is amended to read as follows:
   § 212. Equipment. The superintendent is authorized on  behalf  of  the
 state to purchase, lease or lease-purchase, within the amounts appropri-
 ated  therefor,  necessary  equipment  and  supplies,  including but not
 limited to, vehicles and aircraft subject to the approval of the  direc-
 tor  of  the  budget, and uniforms; when any state property shall become
 unfit for use it shall be disposed of in accordance with the  provisions
 of  the  finance  law. THE SUPERINTENDENT, OR HIS OR HER DEPUTIES, SHALL
 NOT AUTHORIZE THE TRANSFER, ACCEPTANCE, OR PURCHASE OF MILITARY WEAPONS,
 GEAR, OR MACHINERY FROM THE UNITED STATES GOVERNMENT.
   § 2. Section 656 of the county law is amended to read as follows:
   § 656. Emergency equipment and apparatus. If,  in  the  protection  of
 human life and property, the sheriff shall deem it necessary to hire any
 equipment  or  apparatus together with the operator thereof, he may hire
 the same during the period of an emergency or catastrophe at  a  reason-
 able  charge  therefor.  The  same shall be audited and paid as a county
 charge in the manner prescribed by the board of supervisors, and in  the
 discretion  of  such  board,  there  may be a direction that the further
 hiring and payment be approved by the chairman of  the  board  or  of  a
 designated committee of such board. THE SHERIFF, OR HIS OR HER DEPUTIES,
 SHALL  NOT  AUTHORIZE  THE TRANSFER, ACCEPTANCE, OR PURCHASE OF MILITARY
 WEAPONS, GEAR, OR MACHINERY FROM THE UNITED STATES GOVERNMENT.
   § 3. Subdivision 1 of section 150 of the town law, as amended by chap-
 ter 476 of the laws of 2018, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16594-01-0

 S. 8574                             2
 
   1. The town board of any town may establish a  police  department  and
 appoint  a  chief  of  police and such officers as may be needed and fix
 their compensation. The compensation of such police officers shall be  a
 town charge; providing however, no assessment on property in any village
 within any town or partially within any town shall be made for the main-
 tenance or operation of a town police department established after Janu-
 ary  first, nineteen hundred sixty, pursuant to this section if any such
 village maintains a police department of four or more police officers on
 an annual full-time basis, established and maintained under the rules of
 civil service. The town board may, at its  option,  determine  that  the
 town  shall  pay  all  or part of the cost of the uniforms and necessary
 equipment of its police officers, and may purchase  such  equipment  for
 use  by  the  police  department  as  it shall deem necessary, including
 police patrol vehicles, and emergency service vehicles for police use in
 connection with accidents, public calamities or other emergencies.   THE
 TOWN  BOARD OR LOCAL POLICE DEPARTMENT SHALL NOT AUTHORIZE THE TRANSFER,
 ACCEPTANCE, OR PURCHASE OF MILITARY WEAPONS, GEAR, OR MACHINERY FROM THE
 UNITED STATES GOVERNMENT. No assessment on property in any village with-
 in any town in the county of Suffolk or in any village within  the  town
 of  Fallsburgh  shall  be  made for the maintenance or operation of such
 town police department, if any such village maintains a  police  depart-
 ment  of  two  or  more police officers on an annual basis. In the event
 that a town has established a police department prior to January  first,
 nineteen  hundred  sixty,  the town board of such town may enter into an
 agreement with any village within it or partially within it which  main-
 tains  a  police department of four or more police officers on an annual
 full-time basis, established and maintained under  the  rules  of  civil
 service  and  determine  therein  what part of the cost thereof shall be
 assessed against the property in the village and what part thereof shall
 be assessed against the property in the town  outside  of  the  village.
 Thereafter  such  portion  of the cost thereof determined to be assessed
 outside of the village shall be a charge against that part of  the  town
 outside of the village and assessed, levied and collected from the taxa-
 ble  property  of  that  part  of  the town outside of the village. When
 appointed, such police officers shall have all the powers and be subject
 to all the duties and liabilities of a police officer  in  all  criminal
 actions and proceedings and special proceedings of a criminal nature.
   §  4.  Chapter  360  of the laws of 1911 relating to police in certain
 municipalities is amended by  adding  a  new  section  4-a  to  read  as
 follows:
   §  4-A. ANY COMMISSIONER OF POLICE, SUPERINTENDENT OF POLICE, CHIEF OF
 POLICE, OR OTHER OFFICER OR OFFICERS, HAVING THE MANAGEMENT, CONTROL  OR
 DIRECTION OF THE POLICE FORCE IS AUTHORIZED TO PURCHASE, LEASE OR LEASE-
 PURCHASE,  NECESSARY  EQUIPMENT  OF  HIS OR HER POLICE OFFICERS, AND MAY
 PURCHASE SUCH EQUIPMENT FOR USE BY THE POLICE DEPARTMENT AS  HE  OR  SHE
 SHALL  DEEM  NECESSARY,  INCLUDING POLICE PATROL VEHICLES, AND EMERGENCY
 SERVICE VEHICLES FOR POLICE USE IN  CONNECTION  WITH  ACCIDENTS,  PUBLIC
 CALAMITIES OR OTHER EMERGENCIES. THE COMMISSIONER OF POLICE, SUPERINTEN-
 DENT  OF  POLICE,  CHIEF OF POLICE, OR OTHER OFFICER OR OFFICERS, HAVING
 THE MANAGEMENT, CONTROL OR DIRECTION  OF  THE  POLICE  FORCE  SHALL  NOT
 AUTHORIZE  THE  TRANSFER,  ACCEPTANCE,  OR PURCHASE OF MILITARY WEAPONS,
 GEAR, OR MACHINERY FROM THE UNITED STATES GOVERNMENT.
   § 5. This act shall take effect immediately.

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