Assembly Bill A5531

2023-2024 Legislative Session

Establishes the Defund Municipalities that Defund the Police Act

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Current 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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2023-A5531 (ACTIVE) - Details

See Senate Version of this Bill:
S2240
Current Committee:
Assembly Local Governments
Law Section:
Executive Law
Laws Affected:
Add §184, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A9031, S6658

2023-A5531 (ACTIVE) - Summary

Establishes the "Defund Municipalities that Defund the Police Act" which provides for a withholding of a certain amount of state funding for a defunding municipality.

2023-A5531 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5531
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   defund municipalities that defund the police act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. This act shall be known as the "Defund Municipalities that
 Defund the Police Act".
   § 2. The executive law is amended by adding a new section 184 to  read
 as follows:
   § 184. DEFUND MUNICIPALITIES THAT DEFUND THE POLICE ACT. 1. AS USED IN
 THIS  SECTION,  "DEFUNDING MUNICIPALITY" SHALL MEAN A POLITICAL SUBDIVI-
 SION, INCLUDING COUNTIES, CITIES, TOWNS AND VILLAGES, THAT:
   (A) ABOLISHES OR DISBANDS THE POLICE DEPARTMENT WITH NO  INTENTION  OF
 RECONSTITUTING SUCH JURISDICTION'S POLICE DEPARTMENT; OR
   (B) SIGNIFICANTLY REDUCES THE POLICE DEPARTMENT'S BUDGET WITHOUT REAL-
 LOCATING  A  PORTION  OF  THAT  MONEY  TO  ANY  OTHER COMMUNITY-POLICING
 PROGRAM, PROVIDED, THAT THE JURISDICTION  DID  NOT  FACE  A  SIGNIFICANT
 DECREASE IN REVENUES IN THE PREVIOUS FISCAL YEAR.
   2.  THE DIRECTOR OF THE DIVISION OF BUDGET SHALL WITHHOLD AN AMOUNT OF
 STATE FUNDING THAT THE DEFUNDING MUNICIPALITY RECEIVES FROM THE STATE IN
 ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. THE DIRECTOR  OF  THE
 DIVISION  OF  BUDGET SHALL DISCONTINUE AND REVERSE ANY WITHHOLDINGS MADE
 PURSUANT TO THIS SECTION UPON A DETERMINATION BY THE DIRECTOR  THAT  THE
 MUNICIPALITY  NO  LONGER  QUALIFIES  AS  A  DEFUNDING MUNICIPALITY UNDER
 SUBDIVISION ONE OF THIS SECTION.
   3. THE AMOUNT WITHHELD FROM THE DEFUNDING  MUNICIPALITY  SHALL  BE  AN
 AMOUNT  EQUAL  TO  THE PERCENTAGE REDUCTION, EXCLUSIVE OF FUNDS DIVERTED
 FOR ANY OTHER COMMUNITY-POLICING PROGRAMS, THAT  THE  DEFUNDING  MUNICI-
 PALITY REDUCES ITS POLICE DEPARTMENT BUDGET BY.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04979-01-3

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