Bill Text: NY S00239 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to the transfer, acceptance, or purchase of military weapons from the United States government; prohibits participation in the 1033 federal excess property program; provides exceptions.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2025-01-08 - REFERRED TO FINANCE [S00239 Detail]
Download: New_York-2025-S00239-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 239 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. KRUEGER, BRISPORT, COMRIE, GIANARIS, HOYLMAN-SIGAL, 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: 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 state finance law. The superintendent, or the superintendent's 10 deputies, shall not authorize the transfer, acceptance, or purchase of 11 military weapons from the United States government. 12 § 2. The executive law is amended by adding a new section 837-y to 13 read as follows: 14 § 837-y. Exceptions to ban on participation in 1033 federal excess 15 property program. Notwithstanding any other provision of law to the 16 contrary, the city of New York and the division of state police shall be 17 authorized to accept, purchase, or receive military weapons, gear or 18 machinery from the United States government for the purposes of counter- 19 terrorism in consultation with the United States department of homeland 20 security. 21 § 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. LBD00654-01-5S. 239 2 1 § 656. Emergency equipment and apparatus. If, in the protection of 2 human life and property, the sheriff shall deem it necessary to hire any 3 equipment or apparatus together with the operator thereof, [he] the 4 sheriff may hire the same during the period of an emergency or catastro- 5 phe at a reasonable charge therefor. The same shall be audited and paid 6 as a county charge in the manner prescribed by the board of supervisors, 7 and in the discretion of such board, there may be a direction that the 8 further hiring and payment be approved by the [chairman] chair of the 9 board or of a designated committee of such board. The sheriff, or such 10 sheriff's deputies, shall not authorize the transfer, acceptance, or 11 purchase of military weapons from the United States government. 12 § 4. Subdivision 1 of section 150 of the town law, as amended by chap- 13 ter 476 of the laws of 2018, is amended to read as follows: 14 1. The town board of any town may establish a police department and 15 appoint a chief of police and such officers as may be needed and fix 16 their compensation. The compensation of such police officers shall be a 17 town charge; providing however, no assessment on property in any village 18 within any town or partially within any town shall be made for the main- 19 tenance or operation of a town police department established after Janu- 20 ary first, nineteen hundred sixty, pursuant to this section if any such 21 village maintains a police department of four or more police officers on 22 an annual full-time basis, established and maintained under the rules of 23 civil service. The town board may, at its option, determine that the 24 town shall pay all or part of the cost of the uniforms and necessary 25 equipment of its police officers, and may purchase such equipment for 26 use by the police department as it shall deem necessary, including 27 police patrol vehicles, and emergency service vehicles for police use in 28 connection with accidents, public calamities or other emergencies. The 29 town board or local police department shall not authorize the transfer, 30 acceptance, or purchase of military weapons from the United States 31 government. No assessment on property in any village within any town in 32 the county of Suffolk or in any village within the town of Fallsburgh 33 shall be made for the maintenance or operation of such town police 34 department, if any such village maintains a police department of two or 35 more police officers on an annual basis. In the event that a town has 36 established a police department prior to January first, nineteen hundred 37 sixty, the town board of such town may enter into an agreement with any 38 village within it or partially within it which maintains a police 39 department of four or more police officers on an annual full-time basis, 40 established and maintained under the rules of civil service and deter- 41 mine therein what part of the cost thereof shall be assessed against the 42 property in the village and what part thereof shall be assessed against 43 the property in the town outside of the village. Thereafter such portion 44 of the cost thereof determined to be assessed outside of the village 45 shall be a charge against that part of the town outside of the village 46 and assessed, levied and collected from the taxable property of that 47 part of the town outside of the village. When appointed, such police 48 officers shall have all the powers and be subject to all the duties and 49 liabilities of a police officer in all criminal actions and proceedings 50 and special proceedings of a criminal nature. 51 § 5. Chapter 360 of the laws of 1911 relating to police in certain 52 municipalities is amended by adding a new section 4-a to read as 53 follows: 54 § 4-a. Any commissioner of police, superintendent of police, chief of 55 police, or other officer or officers, having the management, control or 56 direction of the police force is authorized to purchase, lease or lease-S. 239 3 1 purchase, necessary equipment for department police officers, and may 2 purchase such equipment for use by the police department as such person 3 shall deem necessary, including police patrol vehicles, and emergency 4 service vehicles for police use in connection with accidents, public 5 calamities or other emergencies. The commissioner of police, superinten- 6 dent of police, chief of police, or other officer or officers, having 7 the management, control or direction of the police force shall not 8 authorize the transfer, acceptance, or purchase of military weapons from 9 the United States government. 10 § 6. This act shall take effect immediately.
