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Sponsors
21 Co-sponsors
History
- Held for consideration in governmental operations
- Referred to governmental operations
- Referred to governmental operations
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A8736
Title of bill
An act to amend the executive law, in relation to state participation in the federal law enforcement support office equipment program
Purpose or general idea of bill
Directs New York State to enter into a memorandum of agreement with the federal government to receive Department of Defense surplus property for use in law enforcement activities, at no charge.
Summary of specific provisions
Section 1: Legislative Intent and Purpose.
Section 2: Adds a new Section 845-c to Executive Law, relating to the LESO 1033 Program, directing New York State to enter into a memorandum of agreement with the Defense Logistics Agency on behalf of the Secretary of Defense with respect to excess Department of Defense personal property which is transferred pursuant to federal law. Directs the state to establish and submit to the Defense Logistics Agency, a plan of. operation (a) detailing organizational and operational authority including staffing and facilities; and (b) addressing procedures for making determinations of eligibility, allocation and equitable distribution of property, compliance and reutilization reviews, and procedures with respect to accountability and property disposal. Directs the Governor to appoint the Commissioner of the Division of Criminal Justice Services as state coordinator for the LESO 1033 program who shall in turn designate a point of contact to administer the day-to-day operations of the program. Requires that all requests for property be based on bona fide law enforcement requirements and stipulates that property received through the LESO 1033 program only be distributed to authorized law enforcement agencies. Any transportation, repair, maintenance, insurance, disposal or other expenses associated with such property shall be the sole responsibility of the state of New York.
Section 3: Effective date.
Justification
Federal law authorizes the Secretary of Defense to transfer to federal and state agencies, at no charge, personal property that is excess to the needs of the Department of Defense that is suitable to be used in law enforcement activities, with an emphasis on counterdrug/counterterrorism activities. The authorities granted to the Secretary of Defense have been delegated to the Defense Logistic Agency's Law Enforcement Support Office (LESO) in determining whether property is suitable for use by agencies in law enforcement activities. The Defense Logistics Agency defines law enforcement activities as activities performed by government agencies whose primary function is the enforcement of applicable federal, state and local laws and whose compensated law enforcement officers have powers of arrest and apprehension.
Currently over 17,000 federal and state law enforcement agencies from 49 states and the U.S. territories participate in the program. Examples of surplus property include aircraft, vehicles, weapons and accessories, body armor, generators, night vision goggles, cameras, computers and training equipment. New York did participate in the
LESO 1033 program between 1997 and 2001 but ceased participation in May 2001 due to perceived liability issues. In 1997, the Albany County Sheriff received $73,000 worth of federal surplus including gas masks, Kevlar helmets, body armor and office supplies. The Rockland County Sheriffs Department received 888 items totaling $1.7 million during this period. Examples of some high-dollar items that New York State received during this period included armor peace keepers, explosive robots, boat torpedoes and aircraft engines.
Public safety cannot be compromised, particularly during these difficult economic times. Participation in the LESO 1033 program will allow law enforcement agencies throughout the state to acquire the equipment needed to carry out their duties more effectively, at no cost to taxpayers.
Prior legislative history
New Bill.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.