S T A T E O F N E W Y O R K
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6867
2021-2022 Regular Sessions
I N A S S E M B L Y
April 13, 2021
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Governmental Operations
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.
LBD03500-01-1
A. 6867 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.