Relates to requiring employers who employ one or more police officers to provide ballistic soft-body armor vests to NYC police officers

Summary of provisions

Section 1 of this bill amends Labor Law section 27-a(4)(d) by adding a new paragraph (d) to provide that any employer located in a city with a population of over one million and that employs one or more police officers must provide at the employer's expense, a ballistic soft body armor vest to each police officer on or after the effective date of this paragraph and shall replace each police officer's vest as required by this paragraph or more stringent regulations promulgated by the Commissioner of the Department of Labor in consultation with the Division of Criminal Justice Services (DCJS). An employer shall not require a police officer to purchase his or her own vest out of a uniform allowance provided by the employer or any other amount paid by the employer to a police officer for the purpose of purchasing uniforms and/or equipment unless it is expressly agreed to pursuant to a collective bargaining agreement.

New subparagraph (i) defines "ballistic soft-body armor vest" as a custom-fitted, concealable, soft-body armor or bulletproof vest that meets or exceeds the standard of vests classified as type III-A with side and extended protection, or any other custom-fitted, concealable, soft-body armor vest that may be developed, tested, and approved which exceeds the type III-A level of protection in standard classification systems set forth by the National Institute of Justice, and found to meet or exceed (a) the requirements of National Institute of Justice Standards 0101.06 and/or the highest industry standard in effect at the time, or (b) any other requirements for vests set forth in subsequent revisions which comply with more stringent requirements set forth in regulations promulgated by the Commissioner of Labor.

New subparagraph (ii) provides that all ballistic soft-body armor vests provided to police officers are required to, at a minimum, be replaced at the expense of the employer (a) on or before the expiration of the manufacturer's warranty period but not later than 5 years after the date of purchase by the employer; (b) after any ballistic soft-body armor vests sustains a hit from a firearm or projectile; (c) after the vest is damaged or destroyed due to its use in service, wear; or any other reason that would affect the protective qualities of the vest necessitating its removal from service; or (d) when, for any reason, the vest does not fit properly or does not provide the necessary protection for the individual police officer.

New subparagraph (iii) provides that notwithstanding anything to the contrary, an employer may apply for reimbursement for these vests

pursuant to Executive Law section 837-d or any federal or state program then in effect for reimbursement or replacement of these vests for police officers within the state.

Section 2 of this bill provides that this act shall take effect immediately.

Justification

Police officers are tasked with protecting the safety of the public in their cities, and are often put in dangerous situations. Ballistic soft-body armor vests are key for protection of these officers in the course of their public duties.

With the assassination of Officers Liu and Ramos, it is important that New York State does everything in its power to protect police officers and provide them with the proper, up-to-date safety equipment they need to perform their jobs.

In January 2015, an article was published in the New York Post, stating that tens of thousands of New York City police officers were wearing outdated bulletproof vests. Manufacturers of these vests recommend that they are replaced every 5 years because the fiber degrades over time. Heat and perspiration also degrade the effectiveness of these vests over time. Currently, in order for an officer to replace his or her outdated vest, the officer would have to pay for the replacement vest out of pocket.

The safety of our officers is paramount, and New York City officers have one of the most dangerous jobs. Mandating that these vests are provided by employers at no cost to employees, and that they are replaced in the standard warranty period will ensure safety and protect our officers.

Legislative history

New Bill

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.