NY State Senate Bill 2021-S511A

Senate Bill S511A

2021-2022 Legislative Session

Relates to the transfer, acceptance, or purchase of military weapons from the United States government

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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 finance
Jun 10, 2021	committed to rules
May 24, 2021	amended on third reading (t) 511a
Mar 03, 2021	advanced to third reading
Mar 02, 2021	2nd report cal.
Mar 01, 2021	1st report cal.454
Jan 06, 2021	referred to finance

Votes

- Mar 1, 2021 - Finance Committee Vote
  S511A
  
  16
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Mar 1, 2021
      
      aye (16)
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Rivera
      
      Salazar
      
      Savino
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (7)
      
      Borrello
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Ritchie
      
      Serino
      
      Tedisco

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S511 - Details

See Assembly Version of this Bill:: A6867
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §212, add §837-w, Exec L; amd §656, County L; amd §150, Town L; add §4-a, Chap 360 of 1911
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8574
2023-2024: S111

2021-S511 - Summary

Relates to the transfer, acceptance, or purchase of military weapons from the United States government.

2021-S511 - Sponsor Memo

                                
 
BILL NUMBER: S511

SPONSOR: KRUEGER
 
TITLE OF BILL:

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 prohibit the transfer, acceptance, or purchase
of military weapons or machinery from the United States government

 
PURPOSE OR GENERAL IDEA OF BILL:

The act amends several sections of law to prevent the authorization of
any transfer, acceptance, or purchase of military weapons, gear, or
machinery from the United States government.

 
SUMMARY OF PROVISIONS:

Section 1: The Executive Law is amended to prevent the Superintendent of
State Police, or his or her deputies, from authorizing the transfer,
acceptance, or purchase of military weapons, gear, or machinery from the

United States government.

Section 2: The County Law is amended to prevent the sheriff, or his or
her deputies from authorizing the transfer, acceptance, or purchase of
military weapons, gear, or machinery from the United States government.

Section 3: The town law is amended to prevent any town board or local
police department from authorizing the transfer, acceptance, or purchase
of military weapons, gear, or machinery from the United States govern-
ment.

Section 4: The unconsolidated law is amended to prevent any law enforce-
ment agency not governed by other sections of law from authorizing the
transfer, acceptance, or purchase of military weapons, gear, or machin-
ery from the United States government.

Section 5: This act shall take effect immediately.

 
JUSTIFICATION:

The United States Department of Defense 1033 program allows for the
transfer of excess military equipment to local law enforcement agencies.
The program has provided local law enforcement with equipment such as
copy machines, chairs, and computers. This has saved localities and
police departments money through being able to accept these donations.
The 1033 program has also led to the donation of military-grade tactical
equipment and vehicles to local precincts.

This has contributed to the over-militarization of local police depart-
ments.  According to a 2014 report, law enforcement in New York has
accepted items such as tactical rifles, mine resistant vehicles, and
small tanks. This legislation would begin to address the over-militari-
zation of local police departments by preventing the purchase, or
acceptance of any military weapons or machinery by State, County, and
local police departments.

 
LEGISLATIVE HISTORY:

2019-20: 5.8574 - Died in Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be decided

 
EFFECTIVE DATE:
Immediately

2021-S511 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    511
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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  prohibit  the  transfer,  acceptance,  or
   purchase  of  military  weapons  or  machinery  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,
 GEAR, OR MACHINERY FROM THE UNITED STATES GOVERNMENT.
   § 2. Section 656 of the county law is amended to read as follows:
   § 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, GEAR, OR MACHINERY FROM THE UNITED STATES GOVERNMENT.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03500-01-1

 S. 511                              2
 
   § 3. 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, GEAR, OR MACHINERY FROM THE
 UNITED STATES GOVERNMENT. No assessment on property in any village with-
 in  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 depart-
 ment 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 main-
 tains 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 determine 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 taxa-
 ble 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.
   § 4. 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-
 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,
 GEAR, OR MACHINERY FROM THE UNITED STATES GOVERNMENT.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S511A (ACTIVE) - Details

See Assembly Version of this Bill:: A6867
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §212, add §837-w, Exec L; amd §656, County L; amd §150, Town L; add §4-a, Chap 360 of 1911
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8574
2023-2024: S111

2021-S511A (ACTIVE) - Summary

Relates to the transfer, acceptance, or purchase of military weapons from the United States government.

2021-S511A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S511A     REVISED 06/02/2021

SPONSOR: KRUEGER
 
TITLE OF BILL:

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 mili-
tary weapons from the United States government

 
PURPOSE OR GENERAL IDEA OF BILL:

The act amends several sections of law to prevent the authorization of
any transfer, acceptance, or purchase of military weapons from the
United States government.

 
SUMMARY OF PROVISIONS:

Section 1: The Executive Law is amended to prevent the Superintendent of
State Police, or his or her deputies, from authorizing the transfer,
acceptance, or purchase of military weapons from the United States

gbvernment.

Section 2: The Executive law is amended to exempt the NYPD and the State
police from the provisions of this bill for the purposes of counterter-
rorism.

Section 3: The County Law is amended to prevent the sheriff, or his or
her deputies from authorizing the transfer, acceptance, or purchase of
military weapons from the United States government.

Section 4: The town law is amended to prevent any town board or local
police department from authorizing the transfer, acceptance, or purchase
of military weapons from the United States government.

Section 5: The unconsolidated law is amended to prevent any law enforce-
ment agency not governed by other sections of law from authorizing the
transfer, acceptance, or purchase of military weapons from the United
States government.

Section 6: This act shall take effect immediately.

 
JUSTIFICATION:

The United States Department of Defense 1033 program allows for the
transfer of excess military equipment to local law enforcement agencies.
The program has provided local law enforcement with equipment such as
copy machines, chairs, and computers. This has saved localities and
police departments money through being able to accept these donations.
The 1033 program has also led to the donation of military-grade tactical
weapons to local precincts.

This has contributed to the over-militarization of local police depart-
ments. According to a 2014 report, law enforcement in New York has
accepted items such as tactical rifles, and small tanks. This legis-
lation would begin to address the over-militarization of local police
departments by preventing the purchase, or acceptance of any military
weapons or vehicles that come equipped with military weapons by State,
County, and local police departments. The bill does not prevent State,
County or local police departments from accepting things like non-weap-
onized utility vehicles, trucks, or vans where accepting through the
1033 program would save taxpayers money.

 
LEGISLATIVE HISTORY:

2019-20: S.8574 - Died in Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be decided

 
EFFECTIVE DATE:
Immediately

2021-S511A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  511--A
     Cal. No. 454
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BRISPORT,  COMRIE,  GIANARIS,  HOYLMAN,
   RIVERA, SALAZAR -- read twice and ordered printed, and when printed to
   be committed to the Committee on Finance --  reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03500-02-1

 S. 511--A                           2
 
 TERRORISM IN CONSULTATION WITH THE UNITED STATES DEPARTMENT OF  HOMELAND
 SECURITY.
   § 3. Section 656 of the county law is amended to read as follows:
   §  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:

 S. 511--A                           3
 
   §  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-
 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.

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Senate Bill S511A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2021-S511 - Details

2021-S511 - Summary

2021-S511 - Sponsor Memo

2021-S511 - Bill Text download pdf

co-Sponsors

2021-S511A (ACTIVE) - Details

2021-S511A (ACTIVE) - Summary

2021-S511A (ACTIVE) - Sponsor Memo

2021-S511A (ACTIVE) - Bill Text download pdf

Comments