Bill Text: NY S02139 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 2139

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S02139 Detail]

Download: New_York-2023-S02139-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          2139

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by Sens. LIU, BRISPORT, COMRIE, HOYLMAN-SIGAL, JACKSON, MAY,
          MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA  --  read  twice  and  ordered
          printed, and when printed to be committed to the Committee on Codes

        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:

     1    Section  1. The executive law is amended by adding a new section 837-x
     2  to read as follows:
     3    § 837-x. Divestment from 1033 federal excess property program.  1.  No
     4  local  police  department,  county sheriff's office, the division of the
     5  state police or any agency that employs a peace officer  in  this  state
     6  shall  participate  in  the 1033 federal excess property program for the
     7  purposes of receiving lethal or offensive weapons.  The  division  shall
     8  promulgate  rules  and regulations regarding the definition of lethal or
     9  offensive weapons for the purposes of this section.
    10    2. The division, in conjunction with the  state  attorney-general  and
    11  the  division of homeland security and emergency services, shall coordi-
    12  nate the return or disposal of all lethal or offensive weapons  provided
    13  to any local police department, county sheriff's office, the division of
    14  the  state  police  or  any  agency that employs a peace officer in this
    15  state pursuant to the 1033 federal excess property program.
    16    3. Notwithstanding the provisions of subdivisions one and two of  this
    17  section,  the  city of New York shall be permitted to retain such lethal
    18  or offensive weapons provided pursuant to the 1033 federal excess  prop-
    19  erty  program  for the purposes of counterterrorism as determined by the
    20  division, in consultation with the United States department of  homeland
    21  security.
    22    4.  The division shall annually prepare and publish a public report on
    23  the state of participation in the 1033 federal excess  property  program
    24  in  the  state. Such report shall be made to the governor, the temporary
    25  president of the senate, the speaker of the assembly  and  the  attorney
    26  general, and shall be posted on the website of the division.
    27    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05368-01-3