BILL NUMBER: S2139

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the executive law, in relation to divestment from the
1033 federal excess property program

 
PURPOSE:

To demilitarize local and state law enforcement agencies in New York
State

 
SUMMARY OF PROVISIONS:

Section 1 amends the executive law by adding a new section that estab-
lishes that local and state law enforcement agencies will cease partic-
ipation in the federal 1033 federal excess property program for lethal
and offensive weapons. The Division of Criminal Justice Services will
define lethal and offensive weapons for the purposes of this section.

Subsection 2 establishes that the Division of Criminal Justice Services,
              

the New York State Attorney General, and the Division of Homeland Secu-
rity and Emergency Services shall coordinate regarding the return or
disposal of all equipment provided by the program to local and state law
enforcement agencies.

Subsection 3 establishes that the City of New York shall be permitted to
retain such equipment from the 1033 federal excess property program for
the purposes of counter-terrorism, as determined by the Division of
Criminal Justice Services, in consultation with the U.S.  Department of
Homeland Security. Subsection 4 establishes reporting requirements for
the Division of Criminal Justice Services on the state of participation.

Section 2 establishes the date of enactment.

 
JUSTIFICATION:

Since the enactment of the National Defense Authorization Act of 1990,
local and state law enforcement agencies throughout the United States
have received more than $5.4 billion worth of military-grade weapons and
vehicles for the purposes of counter-drug and counter-terrorism activ-
ities. These agencies have received these weapons, vehicles, and tech-
nology through a program known as the 1033 Federal Excess Property
Program, which allows the United States Department of Defense to trans-
fer excess weaponry to local and state law enforcement agencies for the
purposes of keeping communities safe. In recent years, as protesters
have rallied against the unjust killings of unarmed people of color, we
have seen local law enforcement agencies use these weapons as a means to
suppress non-violent protest. This was evident during the protests
following the 2014 killing and verdict in the Michael Brown case, where
the Ferguson Police Department and other law agencies used Ha I tanks
and other military grade weapons to enforce curfews and break up nonvio-
lent protests.

In 2015, President Obama used his executive authority to recall certain
weapons provided to local law enforcement agencies, such as tracked
armored vehicles, bayonets, grenade launchers, and ammunition. President
Trump reversed that order and allowed for the unfettered distribution of
weaponry to local and state law enforcement agencies to continue. This
bill seeks to prevent the continued militarization of local and state
law enforcement agencies in New York State. This bill will limit partic-
ipation in the 1033 Federal Excess Property Program. This will ensure
that local law enforcement will be allowed to continue enforcing the
laws of the locality without the use of military-grade weapons, which
only create fear in the hearts and minds of citizens. This bill has
language to ensure that lethal and offensive weapons received from this
federal program are either returned or disposed of through the coordi-
nation of the Division of Criminal Justice Services, the New York State
Attorney General, and the Division of Homeland Security & Emergency
Services.

This bill also has language to ensure that counter-terrorism efforts in
New York City are protected, by allowing the City to retain certain
military-grade weapons for purposes of counter-terrorism, in consulta-
tion with the United States Department of Homeland Security.

 
LEGISLATIVE HISTORY:

01/05/22 REFERRED TO CODES

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately