Assembly Bill A2535

2021-2022 Legislative Session

Relates to divestment from the 1033 federal excess property program

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A2535 (ACTIVE) - Details

See Senate Version of this Bill:
S1134
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10579, S8519
2023-2024: S2139
2025-2026: S2244

2021-A2535 (ACTIVE) - Summary

Prohibits any local police department, county sheriff's office, the division of the state police or any agency that employs a peace officer in this state from participating in the 1033 federal excess property program for the purposes of receiving lethal or offensive weapons.

2021-A2535 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2535
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of A. REYES, DE LA ROSA, BARRON, FRONTUS, GOTTFRIED,
   SEAWRIGHT, SIMON -- read once and referred to the Committee on Govern-
   mental Operations
 
 AN ACT to amend the executive law, in relation to  divestment  from  the
   1033 federal excess property program

   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.  DIVESTMENT FROM 1033 FEDERAL EXCESS PROPERTY PROGRAM. 1. NO
 LOCAL POLICE DEPARTMENT, COUNTY SHERIFF'S OFFICE, THE  DIVISION  OF  THE
 STATE  POLICE  OR  ANY AGENCY THAT EMPLOYS A PEACE OFFICER IN THIS STATE
 SHALL PARTICIPATE IN THE 1033 FEDERAL EXCESS PROPERTY  PROGRAM  FOR  THE
 PURPOSES  OF  RECEIVING  LETHAL OR OFFENSIVE WEAPONS. THE DIVISION SHALL
 PROMULGATE RULES AND REGULATIONS REGARDING THE DEFINITION OF  LETHAL  OR
 OFFENSIVE WEAPONS FOR THE PURPOSES OF THIS SECTION.
   2.  THE  DIVISION,  IN CONJUNCTION WITH THE STATE ATTORNEY-GENERAL AND
 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, SHALL  COORDI-
 NATE  THE RETURN OR DISPOSAL OF ALL LETHAL OR OFFENSIVE WEAPONS PROVIDED
 TO ANY LOCAL POLICE DEPARTMENT, COUNTY SHERIFF'S OFFICE, THE DIVISION OF
 THE STATE POLICE OR ANY AGENCY THAT EMPLOYS  A  PEACE  OFFICER  IN  THIS
 STATE PURSUANT TO THE 1033 FEDERAL EXCESS PROPERTY PROGRAM.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, THE CITY OF NEW YORK SHALL BE PERMITTED TO RETAIN  SUCH  LETHAL
 OR  OFFENSIVE WEAPONS PROVIDED PURSUANT TO THE 1033 FEDERAL EXCESS PROP-
 ERTY PROGRAM FOR THE PURPOSES OF COUNTERTERRORISM AS DETERMINED  BY  THE
 DIVISION,  IN CONSULTATION WITH THE UNITED STATES DEPARTMENT OF HOMELAND
 SECURITY.
   4. THE DIVISION SHALL ANNUALLY PREPARE AND PUBLISH A PUBLIC REPORT  ON
 THE  STATE  OF PARTICIPATION IN THE 1033 FEDERAL EXCESS PROPERTY PROGRAM
 IN THE STATE. SUCH REPORT SHALL BE MADE TO THE GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY AND THE ATTORNEY
 GENERAL, AND SHALL BE POSTED ON THE WEBSITE OF THE DIVISION.
   § 2. This act shall take effect immediately.

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