NY State Senate Bill 2019-S3771

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Feb 14, 2019	referred to finance

2019-S3771 (ACTIVE) - Details

See Assembly Version of this Bill:: A4380
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §228, Exec L; amd §§896 & 898, Gen Bus L; amd §400.03, add §400.06, Pen L; add §99-ff, St Fin L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10045
2021-2022: S2844, A930

2019-S3771 (ACTIVE) - Summary

Relates to the point of contact for conducting national instant criminal background checks; authorizes and directs the division of state police to serve as the point of contact for implementation of 18 U.S.C. sec. 922(t); establishes the background check fund.

2019-S3771 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3771

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, the general business law and the
penal law, in relation to the point of contact for conducting national
instant criminal background checks; and to amend the state finance law,
in relation to the creation of the background check fund

 
PURPOSE OR GENERAL IDEA OF BILL:

To make New York a point of contact state for the National Instant Crim-
inal Background Check System.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the executive law to add a new section 228 that
authorizes and directs the state police to serve as the point of contact
for implementation of the National Instant Criminal Background Check
System (NICS), and sets forth requirements for implementation including

for appeal.

Section two amends subdivision 2 of section 898 of the general business
law to require gun dealers to contact the state police to conduct a
background check.

Section three amends paragraph (c) of subdivision 1 of section 896 of
the general business law to require coordination with state police to
provide access to NICS checks at gun shows.

Section four amends subdivision 6 of section 400.03 of the penal law to
provide that the state police should be contacted to conduct background
checks for the sale of ammunition, should that requirement take effect.

Section five amends the penal law by adding a new section 400.06 which
provides that all firearms dealers must contact the state police to
conducts a NICS check, and failure to do so is a class A misdemeanor.

Section six adds a new section 99-ff to the state finance law and estab-
lishes a background check fund, which will be in the joint custody of
the state comptroller and commissioner of taxation of finance. Section
seven provides the effective date.

 
JUSTIFICATION:

Gun violence is tearing apart communities throughout America. We must
take steps to ensure that guns are kept out of the hands of those who
are prohibited from acquiring them. Background checks for gun purchases
in New York are currently completed by contacting the federal government
for a check through the National Instant Criminal Background Check
System (NICS). Putting the New York State Police in charge of background
checks will strengthen the role of law enforcement in this area,
increase accuracy and efficiency, and order to create greater safety for
New Yorkers.

Currently 13 states are full point of contact states and 7 states are
partial point of contact states for NICS background checks, and log the
27,538,673 background checks processed through the NICS in 2016, NICS
Section processed 9,360,833 transactions, and state users processed
18,177,840 transactions.* Thus, states actually process the majority of
NICS checks. When states assume point of contact status for NICS, the
states can assert greater control over the process of completing the
checks.**

The United States Attorney General has recognized that there is a prob-
lem with inaccurate reporting of records.*** According to the Giffords
Law Center to Prevent Gun Violence, states are often in a better posi-
tion to locate necessary information as well as to encourage increased
reporting of records for a more thorough and accurate check.

In addition, based on conversations with police in other states, it is
clear that New York State Police would have greater access to the infor-
mation about those individuals denied gun purchases if the police were
to process the denials. Law enforcement could then respond to incidents
more quickly, and recognize trends in gun usage more efficiently.****

Making New York a point of contact state for NICS will result in a safer
environment for New Yorkers. The New York State Police is uniquely situ-
ated to coordinate background checks with local police, who are often
already conducting background checks for licenses, and managing informa-
tion. Overall, New York will have greater efficiency and access to
information, especially as New York has recently entered into a Gun Pact
with states such as New Jersey and Connecticut, which are both point of
contact states, and Rhode Island, where the state police conducts its
own background check for each purchase of a firearm. Becoming a point of
contact state will allow New York to increase control, accuracy, effi-
ciency of background checks on firearm purchases, in order to improve
safety from gun violence.

*National Instant Criminal Background Check System (NICS) Operations
Report 2016 at iii, 3.

**See Giffords Law Center to Prevent Gun Violence,
http://lawcenter.giffords.oregun-laws/policyareas/ background-checks/
nice-reporting-procedures!.

*** See Memorandum from Attorney General Jeff Sessions to the Director
of the FBI and Acting Director of the ATF (Nov. 22, 2017)
https://www.justice.gov/opa/ pressrelease/file/1013606/ down- load?utm
medium=email &utm source=govdelivery.

****See also Jane C. Tim, Bow Pennsylvania created a model gun back-
ground check system, (Nov. 25, 2017) https://www.google.com/a m p/s/www.
n bcnews.co m/pclitics/politics-news/amp/howpennsylvania-created
-model-gun-backgrOund7chedk-system7nE22026

 
PRIOR LEGISLATIVE HISTORY:

2018: S8172/A10045 - REFERRED TO GOVERNMENTAL OPERATIONS/ referred to
finance

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S3771 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3771
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, the  general  business  law  and  the
   penal law, in relation to the point of contact for conducting national
   instant  criminal  background  checks;  and to amend the state finance
   law, in relation to the creation of the background check 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 228 to
 read as follows:
   §  228.  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECKS. THE DIVISION IS
 HEREBY AUTHORIZED AND DIRECTED TO SERVE AS A STATE POINT OF CONTACT  FOR
 IMPLEMENTATION  OF  18 U.S.C. SEC.  922 (T), ALL FEDERAL REGULATIONS AND
 APPLICABLE GUIDELINES ADOPTED PURSUANT THERETO, AND THE NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK SYSTEM.
   1. THE DIVISION SHALL REPORT THE NAME,  DATE  OF  BIRTH  AND  PHYSICAL
 DESCRIPTION  OF ANY PERSON PROHIBITED FROM POSSESSING A FIREARM PURSUANT
 TO 18 USC 922(G) OR (N) TO  THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND
 CHECK SYSTEM INDEX, DENIED PERSONS FILES.
   2.    THE  SUPERINTENDENT  SHALL PROMULGATE A PLAN TO COORDINATE BACK-
 GROUND CHECKS FOR FIREARM  PURCHASES AND ANY PERSON, FIRM OR CORPORATION
 THAT SELLS, DELIVERS OR OTHERWISE TRANSFERS ANY  FIREARM  SHALL  CONTACT
 THE  STATE  POLICE IN ORDER TO COMPLETE THE BACKGROUND CHECKS IN COMPLI-
 ANCE WITH FEDERAL AND STATE LAW, INCLUDING  NICS,  IN  NEW  YORK  STATE.
 FOLLOWING  IMPLEMENTATION OF SUCH PLAN, NO APPLICATION OR RECORD OF SALE
 SHALL BE COMPLETED FOR THE PURCHASE  OR  TRANSFER  OF  A  FIREARM  BY  A
 LICENSED  DEALER  WITHOUT  FIRST  CONTACTING THE STATE POLICE. SUCH PLAN
 SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO THE FOLLOWING FEATURES:
   (A) THE SUPERINTENDENT OF THE NEW YORK STATE  POLICE  SHALL  CREATE  A
 CENTRALIZED  BUREAU  WITHIN  THE NEW YORK STATE POLICE DEPARTMENT WITH A
 CONTACT CENTER UNIT THAT HANDLES ALL BACKGROUND  CHECKS AND MAINTAINS AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02023-02-9

 S. 3771                             2
 
 APPEALS UNIT. STAFF MAY INCLUDE BUT IS NOT  LIMITED  TO:  BUREAU  CHIEF,
 SUPERVISORS,  MANAGERS,  DIFFERENT  LEVELS  OF  ADMINISTRATIVE ANALYSTS,
 APPEALS SPECIALISTS AND ADMINISTRATIVE PERSONNEL.  THE  NEW  YORK  STATE
 POLICE  SHALL  EMPLOY  AND  TRAIN  SUCH  PERSONNEL  TO    ADMINISTER THE
 PROVISIONS OF THIS SECTION.
   (B) PROCEDURES FOR CARRYING OUT THE DUTIES UNDER THIS SECTION, INCLUD-
 ING AT A MINIMUM:
   I. THAT THE BUREAU SHALL BE OPEN FOR BUSINESS FROM 9 A.M.  TO  9  P.M.
 EVERY  CALENDAR DAY EXCEPT FOR CHRISTMAS, THANKSGIVING AND THE FOURTH OF
 JULY, TO COMPLETE BACKGROUND CHECKS; AND
   II. DURING HOURS OF OPERATION, ALL PHONE LINES AND DATABASES SHALL  BE
 OPERATIONAL.
   (C)  THE SUPERINTENDENT SHALL SET UP AN AUTOMATED PHONE SYSTEM AND WEB
 BASED APPLICATION SYSTEM, IN ORDER THAT THE BUREAU SHALL PROVIDE A TOLL-
 FREE TELEPHONE  NUMBER  AND/OR  WEB-BASED  APPLICATION  OPTION  FOR  ANY
 PERSON, FIRM OR CORPORATION SEEKING A BACKGROUND CHECK IN ORDER TO SELL,
 DELIVER  OR  OTHERWISE TRANSFER A FIREARM, THAT IS OPERATIONAL EVERY DAY
 THAT THE OFFICE IS OPEN FOR BUSINESS FOR THE PURPOSE  OF  RESPONDING  TO
 REQUESTS IN ACCORDANCE WITH THIS SECTION.
   (D)  I.  UPON  RECEIPT OF A BACKGROUND CHECK REQUEST, PERSONNEL SHOULD
 CHECK ALL RELEVANT FEDERAL AND STATE DATABASES AND RECORDS, IN ORDER  TO
 RETURN A RESULT AS EFFICIENTLY AS POSSIBLE.
   II.  IN  COMPLETING  AN  INSTANT  BACKGROUND CHECK, THE NEW YORK STATE
 POLICE SHALL CREATE AND MAINTAIN AN ONLINE  AUTOMATED  CHECK  SYSTEM  TO
 SEARCH THROUGH IN ACCORDANCE WITH FEDERAL AND STATE LAW. THE SUPERINTEN-
 DENT  MAY  CREATE  AND  MAINTAIN  ADDITIONAL DATABASES OF INFORMATION AS
 NEEDED TO COMPLETE BACKGROUND CHECKS.
   (E) I. EACH PERSON, FIRM OR CORPORATION THAT SELLS ANY FIREARMS  SHALL
 PAY  A  FEE  THAT IS   IMPOSED BY THE BUREAU FOR PERFORMING A BACKGROUND
 CHECK.  SUCH FEE WILL BE COLLECTED ELECTRONICALLY AND SHALL BE ALLOCATED
 TO THE BACKGROUND CHECK FUND ESTABLISHED  PURSUANT  TO  SECTION  NINETY-
 NINE-FF OF THE STATE FINANCE LAW. THE AMOUNT OF THE FEE SHALL NOT EXCEED
 THE  TOTAL AMOUNT OF DIRECT AND INDIRECT COSTS INCURRED BY THE BUREAU IN
 PERFORMING THE BACKGROUND CHECK.
   II. THE BUREAU SHALL TRANSMIT ALL MONEYS COLLECTED  PURSUANT  TO  THIS
 PARAGRAPH  TO  THE  STATE  COMPTROLLER, WHO SHALL CREDIT THE SAME TO THE
 BACKGROUND CHECK FUND.
   III. ON JANUARY FIFTEENTH OF EACH  CALENDAR  YEAR,  THE  BUREAU  SHALL
 REPORT TO THE JOINT BUDGET COMMITTEE CONCERNING:
   A.  THE  NUMBER  OF EMPLOYEES USED BY THE BUREAU IN THE PRECEDING YEAR
 FOR THE  PURPOSE  OF  PERFORMING  BACKGROUND  CHECKS  PURSUANT  TO  THIS
 SECTION; AND
   B.  THE  CALCULATIONS  USED TO DETERMINE THE AMOUNT OF THE FEE IMPOSED
 PURSUANT TO THIS SUBDIVISION.
   IV. IF A PERSON, FIRM OR CORPORATION THAT SELLS FIREARMS  DEMONSTRATES
 HARDSHIP  IN  ELECTRONIC  PAYMENT, THEN SUCH PERSON, FIRM OR CORPORATION
 CAN ARRANGE TO BE INVOICED AND PAID BY CHECK  AND  REGULAR  MAIL.  IF  A
 PERSON,  FIRM  OR CORPORATION THAT SELLS FIREARMS DOES NOT REMIT PAYMENT
 WITHIN FORTY-FIVE DAYS, SERVICE SHALL BE CUT OFF.
   (F) UPON ESTABLISHMENT OF SUCH PLAN, THE SUPERINTENDENT  SHALL  NOTIFY
 EACH  PERSON,  FIRM  OR CORPORATION HOLDING A PERMIT TO SELL FIREARMS OF
 THE CHANGE IN LAW AS WELL AS THE FOLLOWING MEANS TO BE USED TO APPLY FOR
 BACKGROUND CHECKS:
   I. ANY PERSON, FIRM OR CORPORATION THAT SELLS, DELIVERS  OR  OTHERWISE
 TRANSFERS FIREARMS MUST OBTAIN A COMPLETED ATF 4473 FORM FROM THE POTEN-
 TIAL  BUYER  OR  TRANSFEREE INCLUDING NAME, DATE OF BIRTH, GENDER, RACE,

 S. 3771                             3
 
 SOCIAL SECURITY NUMBER, OR OTHER IDENTIFICATION NUMBERS OF  SUCH  POTEN-
 TIAL   BUYER OR TRANSFEREE AND MUST HAVE INSPECTED PROPER IDENTIFICATION
 INCLUDING AN IDENTIFICATION CONTAINING A  PHOTOGRAPH  OF  THE  POTENTIAL
 BUYER  OR  TRANSFEREE. INFORMATION FROM THE FORM CAN THEN BE UTILIZED IN
 APPLICATION FOR A BACKGROUND CHECK THROUGH A TOLL-FREE TELEPHONE LINE OR
 WEB-BASED APPLICATION.
   II. IT IS UNLAWFUL FOR ANY PERSON, IN CONNECTION WITH THE SALE, ACQUI-
 SITION OR ATTEMPTED  ACQUISITION OF A FIREARM FROM  ANY  TRANSFEROR,  TO
 WILLFULLY  MAKE  ANY  FALSE,  FICTITIOUS ORAL OR WRITTEN STATEMENT OR TO
 FURNISH OR EXHIBIT ANY FALSE, FICTITIOUS, OR MISREPRESENTED  IDENTIFICA-
 TION THAT IS  INTENDED OR LIKELY TO DECEIVE SUCH TRANSFEROR WITH RESPECT
 TO ANY FACT MATERIAL TO THE LAWFULNESS  OF THE SALE OR OTHER DISPOSITION
 OF  SUCH FIREARM UNDER FEDERAL OR STATE LAW. ANY PERSON WHO VIOLATES THE
 PROVISIONS OF THIS SUBPARAGRAPH SHALL BE GUILTY OF A CLASS  A  MISDEMEA-
 NOR.
   3.  ANY  APPLICANT  SHALL  HAVE  THIRTY DAYS TO APPEAL THE DENIAL OF A
 BACKGROUND CHECK, USING A FORM ESTABLISHED BY  THE  SUPERINTENDENT.  THE
 DIVISION  SHALL RESEARCH THE BACKGROUND CHECK AND PROVIDE SUCH APPLICANT
 A REASON FOR A DENIAL. UPON RECEIPT OF THE REASON FOR DENIAL, THE APPEL-
 LANT MAY APPEAL TO THE ATTORNEY GENERAL.
   § 2. Subdivision 2 of section 898 of  the  general  business  law,  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   2.  Before  any sale, exchange or disposal pursuant to this article, a
 national instant criminal background check must be completed by a dealer
 who [consents] SHALL CONTACT THE DIVISION OF  STATE  POLICE  to  conduct
 such  check[,  and  upon  completion  of  such  background  check, shall
 complete a document, the form of which shall be approved by  the  super-
 intendent  of state police, that identifies and confirms that such check
 was performed].
   § 3. Paragraph (c) of subdivision 1 of  section  896  of  the  general
 business law, as added by chapter 189 of the laws of 2000, is amended to
 read as follows:
   (c)  COORDINATE WITH THE DIVISION OF STATE POLICE TO provide access at
 the gun show to [a firearm dealer licensed  under  federal  law  who  is
 authorized  to]  perform  a  national  instant criminal background check
 [where the seller or transferor of a firearm, rifle or  shotgun  is  not
 authorized  to  conduct such a check by (i) requiring firearm exhibitors
 who are firearm dealers licensed under federal law and who  are  author-
 ized  to conduct a national instant criminal background check to provide
 such a check at cost or (ii) designating a specific location at the  gun
 show where a firearm dealer licensed under federal law who is authorized
 to  conduct a national instant criminal background check will be present
 to perform such a check at cost] PRIOR TO ANY FIREARM SALE OR  TRANSFER.
 Any  firearm  dealer  licensed under federal law who [performs] CONTACTS
 THE DIVISION OF STATE POLICE TO  PERFORM  a  national  instant  criminal
 background  check pursuant to this paragraph shall provide the seller or
 transferor of the firearm, rifle or shotgun with a copy  of  the  United
 States  Department  of Treasury, Bureau of Alcohol, Tobacco and Firearms
 Form ATF F 4473 and such dealer shall maintain such form and  make  such
 form  available  for inspection by law enforcement agencies for a period
 of ten years thereafter.
   § 4. Subdivision 6 of section 400.03 of the penal  law,  as  added  by
 chapter 1 of the laws of 2013, is amended to read as follows:
   6.  If  the  superintendent  of state police certifies that background
 checks of ammunition purchasers may be conducted  through  the  national
 instant  criminal  background  check  system,  [use of that system by] a

 S. 3771                             4
 
 dealer or seller SHALL CONTACT THE DIVISION OF STATE POLICE  TO  CONDUCT
 SUCH  CHECK  WHICH  shall be sufficient to satisfy subdivisions four and
 five of this section [and such checks shall be  conducted  through  such
 system, provided that a record of such transaction shall be forwarded to
 the state police in a form determined by the superintendent].
   §  5.  The penal law is amended by adding a new section 400.06 to read
 as follows:
 § 400.06 NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS.
   1. ANY DEALER IN FIREARMS THAT DELIVERS  OR  OTHERWISE  TRANSFERS  ANY
 FIREARM SHALL CONTACT THE DIVISION OF STATE POLICE TO CONDUCT A NATIONAL
 INSTANT CRIMINAL BACKGROUND CHECK.
   2.  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION IS A CLASS
 A MISDEMEANOR.
   § 6. The state finance law is amended by adding a new section 99-ff to
 read as follows:
   § 99-FF. BACKGROUND CHECK FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF TAXATION AND
 FINANCE A SPECIAL FUND TO BE KNOWN AS THE "BACKGROUND CHECK FUND".
   2. SUCH FUND SHALL CONSIST OF  ALL  REVENUES  RECEIVED  BY  THE  COMP-
 TROLLER,  PURSUANT TO THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-EIGHT
 OF THE EXECUTIVE LAW AND ALL OTHER MONEYS APPROPRIATED THERETO FROM  ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING CONTAINED IN THIS SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3. THE MONEYS OF THE BACKGROUND CHECK FUND, FOLLOWING APPROPRIATION BY
 THE LEGISLATURE, SHALL BE ALLOCATED FOR THE DIRECT COSTS ASSOCIATED WITH
 PERFORMING  BACKGROUND  CHECKS PURSUANT TO   SECTION TWO HUNDRED TWENTY-
 EIGHT OF THE EXECUTIVE LAW.
   4. THE STATE COMPTROLLER MAY INVEST ANY MONEYS IN THE BACKGROUND CHECK
 FUND NOT EXPENDED FOR THE PURPOSE OF THIS SECTION AS  PROVIDED  BY  LAW.
 THE  STATE COMPTROLLER SHALL CREDIT ANY INTEREST AND INCOME DERIVED FROM
 THE DEPOSIT AND INVESTMENT OF MONEYS IN THE BACKGROUND CHECK FUND TO THE
 BACKGROUND CHECK FUND.
   5. (A) ANY UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN  THE  BACK-
 GROUND  CHECK FUND AT THE END OF A FISCAL YEAR SHALL REMAIN IN THE BACK-
 GROUND CHECK FUND AND SHALL NOT BE CREDITED TO ANY OTHER FUND.
   (B) TO THE EXTENT PRACTICABLE, ANY SUCH REMAINING FUNDS SHALL BE  USED
 TO  REDUCE THE AMOUNT OF THE FEE DESCRIBED IN SUBDIVISION TWO OF SECTION
 TWO HUNDRED TWENTY-EIGHT OF THE EXECUTIVE LAW.
   § 7. This act shall take effect on the ninetieth 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 are authorized and directed  to  be  made
 and completed on or before such effective date.

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Senate Bill S3771

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2019-S3771 (ACTIVE) - Details

2019-S3771 (ACTIVE) - Summary

2019-S3771 (ACTIVE) - Sponsor Memo

2019-S3771 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3771

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Finance Committee

2019-S3771 (ACTIVE) - Details

2019-S3771 (ACTIVE) - Summary

2019-S3771 (ACTIVE) - Sponsor Memo

2019-S3771 (ACTIVE) - Bill Text download pdf

Comments