Bill Text: NY S08574 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits the transfer, acceptance, or purchase of military weapons or machinery from the United States government.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-16 - REFERRED TO RULES [S08574 Detail]
Download: New_York-2019-S08574-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8574 IN SENATE June 16, 2020 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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: 1 Section 1. Section 212 of the executive law, as amended by chapter 83 2 of the laws of 1995, is amended to read as follows: 3 § 212. Equipment. The superintendent is authorized on behalf of the 4 state to purchase, lease or lease-purchase, within the amounts appropri- 5 ated therefor, necessary equipment and supplies, including but not 6 limited to, vehicles and aircraft subject to the approval of the direc- 7 tor of the budget, and uniforms; when any state property shall become 8 unfit for use it shall be disposed of in accordance with the provisions 9 of the finance law. The superintendent, or his or her deputies, shall 10 not authorize the transfer, acceptance, or purchase of military weapons, 11 gear, or machinery from the United States government. 12 § 2. Section 656 of the county law is amended to read as follows: 13 § 656. Emergency equipment and apparatus. If, in the protection of 14 human life and property, the sheriff shall deem it necessary to hire any 15 equipment or apparatus together with the operator thereof, he may hire 16 the same during the period of an emergency or catastrophe at a reason- 17 able charge therefor. The same shall be audited and paid as a county 18 charge in the manner prescribed by the board of supervisors, and in the 19 discretion of such board, there may be a direction that the further 20 hiring and payment be approved by the chairman of the board or of a 21 designated committee of such board. The sheriff, or his or her deputies, 22 shall not authorize the transfer, acceptance, or purchase of military 23 weapons, gear, or machinery from the United States government. 24 § 3. Subdivision 1 of section 150 of the town law, as amended by chap- 25 ter 476 of the laws of 2018, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16594-01-0S. 8574 2 1 1. The town board of any town may establish a police department and 2 appoint a chief of police and such officers as may be needed and fix 3 their compensation. The compensation of such police officers shall be a 4 town charge; providing however, no assessment on property in any village 5 within any town or partially within any town shall be made for the main- 6 tenance or operation of a town police department established after Janu- 7 ary first, nineteen hundred sixty, pursuant to this section if any such 8 village maintains a police department of four or more police officers on 9 an annual full-time basis, established and maintained under the rules of 10 civil service. The town board may, at its option, determine that the 11 town shall pay all or part of the cost of the uniforms and necessary 12 equipment of its police officers, and may purchase such equipment for 13 use by the police department as it shall deem necessary, including 14 police patrol vehicles, and emergency service vehicles for police use in 15 connection with accidents, public calamities or other emergencies. The 16 town board or local police department shall not authorize the transfer, 17 acceptance, or purchase of military weapons, gear, or machinery from the 18 United States government. No assessment on property in any village with- 19 in any town in the county of Suffolk or in any village within the town 20 of Fallsburgh shall be made for the maintenance or operation of such 21 town police department, if any such village maintains a police depart- 22 ment of two or more police officers on an annual basis. In the event 23 that a town has established a police department prior to January first, 24 nineteen hundred sixty, the town board of such town may enter into an 25 agreement with any village within it or partially within it which main- 26 tains a police department of four or more police officers on an annual 27 full-time basis, established and maintained under the rules of civil 28 service and determine therein what part of the cost thereof shall be 29 assessed against the property in the village and what part thereof shall 30 be assessed against the property in the town outside of the village. 31 Thereafter such portion of the cost thereof determined to be assessed 32 outside of the village shall be a charge against that part of the town 33 outside of the village and assessed, levied and collected from the taxa- 34 ble property of that part of the town outside of the village. When 35 appointed, such police officers shall have all the powers and be subject 36 to all the duties and liabilities of a police officer in all criminal 37 actions and proceedings and special proceedings of a criminal nature. 38 § 4. Chapter 360 of the laws of 1911 relating to police in certain 39 municipalities is amended by adding a new section 4-a to read as 40 follows: 41 § 4-a. Any commissioner of police, superintendent of police, chief of 42 police, or other officer or officers, having the management, control or 43 direction of the police force is authorized to purchase, lease or lease- 44 purchase, necessary equipment of his or her police officers, and may 45 purchase such equipment for use by the police department as he or she 46 shall deem necessary, including police patrol vehicles, and emergency 47 service vehicles for police use in connection with accidents, public 48 calamities or other emergencies. The commissioner of police, superinten- 49 dent of police, chief of police, or other officer or officers, having 50 the management, control or direction of the police force shall not 51 authorize the transfer, acceptance, or purchase of military weapons, 52 gear, or machinery from the United States government. 53 § 5. This act shall take effect immediately.
