S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6867--A
 
                        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 -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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  the  transfer, acceptance, or purchase of
   military weapons 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
 FROM THE UNITED STATES GOVERNMENT.
   §  2.  The  executive  law is amended by adding a new section 837-w to
 read as follows:
   § 837-W. EXCEPTIONS TO BAN ON PARTICIPATION  IN  1033  FEDERAL  EXCESS
 PROPERTY  PROGRAM.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE
 CONTRARY, THE CITY OF NEW YORK AND THE DIVISION OF STATE POLICE SHALL BE
 AUTHORIZED TO ACCEPT, PURCHASE, OR RECEIVE  MILITARY  WEAPONS,  GEAR  OR
 MACHINERY FROM THE UNITED STATES GOVERNMENT FOR THE PURPOSES OF COUNTER-
 TERRORISM  IN CONSULTATION WITH THE UNITED STATES DEPARTMENT OF HOMELAND
 SECURITY.
   § 3. Section 656 of the county law is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03500-03-1
              

 A. 6867--A                          2
 
   § 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 FROM THE UNITED STATES GOVERNMENT.
   § 4. 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:
   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  FROM  THE  UNITED  STATES
 GOVERNMENT.  No assessment on property in any village within 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 department 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 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  and  deter-
 mine 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  taxable  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.
   § 5. 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-

 A. 6867--A                          3
 
 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 FROM
 THE UNITED STATES GOVERNMENT.
   § 6. This act shall take effect immediately.