NY State Senate Bill 2021-S2099

Senate Bill S2099

2021-2022 Legislative Session

Prohibits state or local police from accepting military surplus equipment from the federal government

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jun 10, 2021	committed to rules
Mar 10, 2021	advanced to third reading
Mar 09, 2021	2nd report cal.
Mar 08, 2021	1st report cal.513
Jan 19, 2021	referred to codes

Votes

- Mar 8, 2021 - Codes Committee Vote
  S2099
  
  7
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 8, 2021
      
      aye (7)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Myrie
      
      nay (4)
      
      Akshar
      
      Gallivan
      
      O'Mara
      
      Palumbo
      
      aye wr (2)
      
      Kavanagh
      
      Savino

2021-S2099 (ACTIVE) - Details

See Assembly Version of this Bill:: A5419
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8508
2023-2024: S5257, A5954

2021-S2099 (ACTIVE) - Summary

Prohibits state or local police from accepting military surplus equipment from the federal government.

2021-S2099 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2099

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting state or
local police from accepting military surplus equipment from the federal
government

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibiting state or local police from accepting mili-
tary surplus equipment from the federal government.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section One. Any law enforcement agency within this state shall be
prohibited from accepting military surplus equipment from the federal
government. For the purposes of this section, the term 'law enforcement
agency" shall include any member, officer, chief, or other employee of
the division of state police or of any local or municipal police depart-

ment.

Section 2. Effective Date

 
JUSTIFICATION:

George Floyd was killed May 25, 2020 in Minneapolis, Minnesota during an
arrest. Mr. Floyd, an African-American, died after being arrested by
Derek Chauvin, a white Minneapolis police officer, who kept his knee on
the side of Floyd's neck for 8 minutes and 46 seconds.  Furthermore, 2
minutes and 53 seconds of that time occurred after Floyd became unre-
sponsive, according to the criminal complaint for murder against Chau-
vin. Three other police officers participated in the arrest. Three
police officers pinned the unarmed, handcuffed Floyd on the ground while
another officer stood nearby. This arrest was caught on video.

In the wake of the death of Lloyd George, the public is very concerned
with how police operate. Over the years, police departments across the
nation have participated in a federal program to distribute surplus
military equipment.

The 1033 Program authorizes the United States Department of Defense to
distribute military equipment and weapons to local police departments.
The program was created in 1990 for federal and state law enforcement
agencies during the height of the war on drugs. The program was expanded
to all law enforcement departments seven years later. Over $5.4 billion
in equipment have been sent to police since the program was established.

In a May 28, 2020 Washington Post op-ed, Philip McHarris, a PhD candi-
date in sociology and African American studies at Yale University,
wrote: "Tough-oncrime policies and militarized police departments have
paved the way for increased police contact and tragic violence. Reducing
the capacity for police to engage in routine and militaristic violence
is the only way to break recurring cycles of police killings and the
militarized response that protests of them are often met. with. This
legislation would prohibiting state or local police from accepting mili-
tary surplus equipment from the federal government.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2099 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2099
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to prohibiting  state  or
   local police from accepting military surplus equipment from the feder-
   al government

   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  837-w
 to read as follows:
   §  837-W.  NOTWITHSTANDING  ANY  OTHER  LAW, RULE OR REGULATION TO THE
 CONTRARY, ANY LAW ENFORCEMENT AGENCY WITHIN THIS STATE SHALL BE  PROHIB-
 ITED  FROM ACCEPTING MILITARY SURPLUS EQUIPMENT FROM THE FEDERAL GOVERN-
 MENT. FOR THE PURPOSES OF THIS SECTION, THE TERM "LAW ENFORCEMENT  AGEN-
 CY"  SHALL  INCLUDE ANY MEMBER, OFFICER, CHIEF, OR OTHER EMPLOYEE OF THE
 DIVISION OF STATE POLICE, OR OF ANY LOCAL OR  MUNICIPAL  POLICE  DEPART-
 MENT.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06069-01-1

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