NY State Senate Bill 2023-S111

Senate Bill S111

2023-2024 Legislative Session

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

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Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Jan 04, 2023	referred to finance

co-Sponsors

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2023-S111 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §212, add §837-x, 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
2021-2022: S511

2023-S111 (ACTIVE) - Summary

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

2023-S111 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S111

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
government.

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:

2019-22: S.511A/A.6867A (Epstein) - Referred to Finance

2019-20: S.8574 - Died in Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
Immediately

2023-S111 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    111
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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
 
 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-x  to
 read as follows:
   §  837-X.  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.

                                                            LBD01074-01-3
 S. 111                              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-
 S. 111                              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.

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Senate Bill S111

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Sponsored By

Liz Krueger

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

Jabari Brisport

Leroy Comrie

Michael Gianaris

Brad Hoylman-Sigal

2023-S111 (ACTIVE) - Details

2023-S111 (ACTIVE) - Summary

2023-S111 (ACTIVE) - Sponsor Memo

2023-S111 (ACTIVE) - Bill Text download pdf

Comments