S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          84
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the state finance law, in relation to the procurement of
         handguns by state agencies
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Declaration of legislative findings and intent. The legis-
    2  lature finds that it is in the state's best interest to procure handguns
    3  for use by state employees in  the  performance  of  their  duties  from
    4  responsible  suppliers that are committed to a standard of conduct which
    5  makes every effort to eliminate sales of guns that might lead to illegal
    6  possession and/or misuse by criminals, unauthorized juveniles, and other
    7  prohibited persons.
    8    Over 30,000 people in the United States die each  year  from  gunfire,
    9  including  4,200  children. On average, firearms kill approximately nine
   10  American children every day. In New York City,  firearms,  predominantly
   11  handguns,  are  used  in  approximately sixty-six percent of the murders
   12  committed each year. More than twice the number of individuals  murdered
   13  with  a  firearm  suffered  injuries inflicted by firearms. Handguns are
   14  also used in a high percentage of other crimes, including robbery, felo-
   15  ny reckless endangerment and menacing.
   16    Government agencies purchase approximately twenty-five percent of  all
   17  guns  sold  in  the  United  States,  including  guns for police forces,
   18  correctional services, and public safety agencies. The state is a  major
   19  purchaser  of  handguns  for  use by the state's various law enforcement
   20  agencies.  The  legislature  finds  that  the  state,  acting  with  the
   21  discretion  allowed any private participant in the market, should choose
   22  to allocate its purchasing dollars in a manner that promotes the respon-
   23  sible manufacture, shipment, and distribution of handguns.  In  further-
   24  ance  of  this  goal,  this  legislation  requires  that  state agencies
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01079-01-3
       S. 84                               2
    1  purchase handguns from suppliers that refrain from marketing or manufac-
    2  turing handguns in a manner that is attractive to  criminals  and  juve-
    3  niles,  as  well  as adhere to other provisions designed to minimize the
    4  risk  to innocent third parties and to prevent handguns from leaving the
    5  legal stream of commerce. Nevertheless, the legislature recognizes  that
    6  handguns  which  satisfy  the standards required by this legislation may
    7  not be  suitable  for  law  enforcement  needs,  thus,  the  legislation
    8  provides  an  exception  if  necessary  for  handguns  procured  for law
    9  enforcement or military uses.
   10    The legislature finds that it is imperative that the state  spend  its
   11  citizens'  money  in a manner that promotes the safety and well-being of
   12  all residents. Accordingly, the legislature finds  that  when  procuring
   13  handguns, the state should do so from responsible manufacturers whenever
   14  possible.
   15    S  2.  The state finance law is amended by adding a new section 169 to
   16  read as follows:
   17    S 169. PURCHASE OF HANDGUNS.   1. FOR THE  PURPOSES  OF  THIS  SECTION
   18  ONLY, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   19    (A) "CONTRACT" MEANS ANY WRITTEN AGREEMENT, PURCHASE ORDER, OR INSTRU-
   20  MENT  WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND
   21  FUNDS IN RETURN FOR WORK, LABOR, SERVICES, SUPPLIES, EQUIPMENT,  MATERI-
   22  ALS, OR ANY COMBINATION OF THE FOREGOING.
   23    (B)  "RESPONSIBLE  SUPPLIER"  MEANS  THAT  THE  SUPPLIER  OF HANDGUNS,
   24  INCLUDING A MANUFACTURER, RETAIL DEALER,  AND/OR  WHOLESALE  DEALER,  IS
   25  ABLE  TO DEMONSTRATE THAT IT IS COMMITTED TO A STANDARD OF CONDUCT WHICH
   26  MAKES EVERY REASONABLE EFFORT TO ELIMINATE SALES OF WEAPONS  THAT  MIGHT
   27  LEAD  TO  ILLEGAL  POSSESSION  AND/OR  MISUSE BY CRIMINALS, UNAUTHORIZED
   28  JUVENILES, AND OTHER PROHIBITED PERSONS. THIS STANDARD  INCLUDES  DEMON-
   29  STRATED COMPLIANCE WITH THE FOLLOWING PROVISIONS:
   30    (1)  DOES  NOT  SELL WEAPONS TO DEALERS WHO HAVE SOLD MORE THAN TWENTY
   31  WEAPONS WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD IN THE PRECEDING  FIVE
   32  YEARS  TRACED  TO USE IN A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY
   33  THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES OR
   34  WHO HAVE NOT, ON THEIR OWN, SOLD WEAPONS, TWENTY OR MORE OF WHICH WITHIN
   35  ANY CONTINUOUS TWELVE MONTH PERIOD  IN  THE  PRECEDING  FIVE  YEARS  ARE
   36  TRACED  TO  USE  IN  A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY THE
   37  UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES;
   38    (2) MAKES NO SALES AT GUN SHOWS  OR  ALTERNATIVE  VENUES  UNLESS  SUCH
   39  SALES  AT  THE  GUN  SHOW  OR  ALTERNATIVE VENUE ARE CONDUCTED ONLY UPON
   40  COMPLETION OF A BACKGROUND CHECK AND ALL SELLERS  AT  THE  GUN  SHOW  OR
   41  ALTERNATIVE VENUE AGREE TO CONDUCT SALES ONLY UPON COMPLETION OF A BACK-
   42  GROUND  CHECK  AS DICTATED BY STATE AND FEDERAL LAW FOR SALE AT A RETAIL
   43  GUN STORE;
   44    (3) (I) IN THE CASE OF A MANUFACTURER SELLING WEAPONS TO DEALERS, ONLY
   45  SELLS TO DEALERS WHO OPERATE A RETAIL SHOP LOCATED AT A  FIXED  ADDRESS,
   46  OR (II) IN THE CASE OF RETAIL OR WHOLESALE DEALERS WHERE:
   47    A. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
   48  OR  GAUGE, AND SERIAL NUMBER OF ALL WEAPONS HELD IN INVENTORY OR OFFERED
   49  FOR SALE;
   50    B. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
   51  OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS SOLD AND THE NAME AND LICENSE
   52  NUMBER OF ALL PURCHASERS; AND
   53    C. THE DEALER MAKES VISIBLE ALL PERMITS AND LEGALLY REQUIRED SIGNAGE;
   54    (4) PROVIDES FULL ACCESS OF AFOREMENTIONED RECORDS TO LAW  ENFORCEMENT
   55  AND GOVERNMENT REGULATORS CONDUCTING COMPLIANCE INSPECTIONS;
       S. 84                               3
    1    (5)  LIMITS PURCHASES BY ANY INDIVIDUAL IN ANY GIVEN THIRTY DAY PERIOD
    2  TO ONE WEAPON;
    3    (6) IMPLEMENTS A SECURITY PLAN FOR SECURING WEAPONS IN TRANSIT; AND
    4    (7)   DOES  NOT  SELL  ASSAULT  WEAPONS,  AS  DEFINED  IN  SUBDIVISION
    5  TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW, OR LARGE CAPACITY AMMUNI-
    6  TION FEEDING DEVICES, AS DEFINED IN SUBDIVISION TWENTY-THREE OF  SECTION
    7  265.00  OF THE PENAL LAW, OTHER THAN TO POLICE OFFICERS, LAW ENFORCEMENT
    8  OR MILITARY ENTITIES, OR OTHER AUTHORIZED GOVERNMENTAL AGENCY.
    9    (C) "CONTRACTING AGENCY" MEANS A STATE AGENCY OR COVERED AUTHORITY.
   10    (D) "CONTRACTOR" MEANS ANY SUPPLIER, BY SALE OR LEASE, OF HANDGUNS  TO
   11  A CONTRACTING AGENCY.
   12    (E)  "HANDGUN"  MEANS  A REVOLVER OR SEMI-AUTOMATIC PISTOL DESIGNED TO
   13  EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE.
   14    (F) "STATE AGENT" MEANS ANY INDIVIDUAL WHO, AS  PART  OF  HIS  OR  HER
   15  OFFICIAL  DUTIES,  PURCHASES OR LEASES A HANDGUN FINANCED IN WHOLE OR IN
   16  PART BY A CONTRACTING AGENCY FOR PERFORMANCE OF OFFICIAL DUTIES.
   17    2. A CONTRACTING AGENCY SHALL ONLY ENTER INTO A CONTRACT  TO  PURCHASE
   18  OR  OBTAIN  FOR  ANY PURPOSE HANDGUNS FROM A RESPONSIBLE SUPPLIER, AND A
   19  STATE AGENT SHALL ONLY PURCHASE OR LEASE A HANDGUN FOR USE  IN  PERFORM-
   20  ANCE OF OFFICIAL DUTIES FROM A RESPONSIBLE SUPPLIER.
   21    3.  THE SUPERINTENDENT OF STATE POLICE SHALL PROMULGATE RULES SPECIFY-
   22  ING THE DOCUMENTS AND INFORMATION THAT CONTRACTORS MUST PROVIDE  TO  THE
   23  CONTRACTING  AGENCY  FOR PURPOSES OF SUBPARAGRAPH THREE OF PARAGRAPH (B)
   24  OF SUBDIVISION ONE OF THIS SECTION.
   25    4. UPON A DETERMINATION THAT A CONTRACTOR  IS  IN  VIOLATION  OF  THIS
   26  SECTION,  THE CONTRACTING AGENCY SHALL REVIEW SUCH INFORMATION AND OFFER
   27  THE CONTRACTOR AN OPPORTUNITY TO  RESPOND.  IF  THE  CONTRACTING  AGENCY
   28  FINDS THAT A VIOLATION HAS OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE
   29  APPROPRIATE  AND  PROVIDED  FOR BY LAW, RULE OR CONTRACT, INCLUDING, BUT
   30  NOT LIMITED  TO,  IMPOSING  SANCTIONS,  SEEKING  COMPLIANCE,  RECOVERING
   31  DAMAGES,  DECLARING  THE  CONTRACTOR  IN  DEFAULT,  SEEKING DEBARMENT OR
   32  SUSPENSION OF THE CONTRACTOR AND/OR DEEMING IT AS NON-RESPONSIBLE.
   33    5. EVERY CONTRACT FOR OR ON BEHALF OF ALL CONTRACTING AGENCIES FOR THE
   34  SUPPLY OF HANDGUNS SHALL CONTAIN A PROVISION OR PROVISIONS DETAILING THE
   35  REQUIREMENTS OF THIS SECTION.
   36    6. WITH REGARD TO A "CONTRACTING AGENCY",  THE  REQUIREMENTS  OF  THIS
   37  SECTION SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES:
   38    (A)  THERE  IS ONLY ONE PROSPECTIVE CONTRACTOR WILLING TO ENTER INTO A
   39  CONTRACT; OR
   40    (B) WHERE IT IS DETERMINED THAT ALL BIDDERS TO A CONTRACT  ARE  DEEMED
   41  INELIGIBLE FOR PURPOSES OF THIS SECTION; OR
   42    (C)  WHERE  IT  IS  AVAILABLE  FROM  A SOLE SOURCE AND THE PROSPECTIVE
   43  CONTRACTOR IS NOT CURRENTLY DISQUALIFIED FROM DOING  BUSINESS  WITH  THE
   44  CONTRACTING AGENCY; OR
   45    (D)  THE  CONTRACT  IS  NECESSARY  IN ORDER TO RESPOND TO AN EMERGENCY
   46  WHICH ENDANGERS THE  PUBLIC  HEALTH  AND  SAFETY  AND  NO  ENTITY  WHICH
   47  COMPLIES  WITH THE REQUIREMENTS OF THIS SECTION CAPABLE OF RESPONDING TO
   48  THE EMERGENCY IS IMMEDIATELY AVAILABLE; OR
   49    (E) WHERE A CONTRACTING AGENCY WHOSE  PRIMARY  RESPONSIBILITY  IS  LAW
   50  ENFORCEMENT  DEEMS  IT  NECESSARY TO PURCHASE HANDGUNS FROM OTHER THAN A
   51  RESPONSIBLE SUPPLIER; OR
   52    (F) WHERE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL VIOLATE  OR
   53  BE INCONSISTENT WITH THE TERMS AND CONDITIONS OF A GRANT, SUBVENTION, OR
   54  CONTRACT  OF  THE  UNITED  STATES  OR  NEW  YORK STATE GOVERNMENT OR THE
   55  INSTRUCTIONS OF AN AUTHORIZED REPRESENTATIVE OF  ANY  SUCH  AGENCY  WITH
   56  RESPECT TO ANY SUCH GRANT, SUBVENTION, OR CONTRACT.
       S. 84                               4
    1    ALL  WRITTEN  WAIVERS  SHALL  BECOME  PART OF THE CONTRACT FILE OF THE
    2  CONTRACTING AGENCY. NOTWITHSTANDING ANY WAIVER, THE  CONTRACTING  AGENCY
    3  SHALL  TAKE  EVERY REASONABLE MEASURE TO CONTRACT WITH A MANUFACTURER OR
    4  DEALER WHO BEST SATISFIES THE REQUIREMENTS OF THIS SECTION.
    5    7.  WITH  REGARD  TO  "STATE AGENTS", THE REQUIREMENTS OF THIS SECTION
    6  SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES:
    7    (A) THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THERE IS ONLY  ONE
    8  PROSPECTIVE SUPPLIER WILLING OR ABLE TO SUPPLY SUCH HANDGUN; OR
    9    (B) WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT ALL PROSPEC-
   10  TIVE SUPPLIERS ARE DEEMED INELIGIBLE FOR PURPOSES OF THIS SECTION; OR
   11    (C)  WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THE HANDGUN
   12  IS AVAILABLE ONLY FROM A SOLE SOURCE AND THE PROSPECTIVE SUPPLIER IS NOT
   13  CURRENTLY DISQUALIFIED FROM DOING BUSINESS WITH THE CONTRACTING  AGENCY;
   14  OR
   15    (D) THE EMPLOYER OF THE STATE AGENT DETERMINES THAT IT IS NECESSARY IN
   16  ORDER  TO  RESPOND TO AN EMERGENCY WHICH ENDANGERS THE PUBLIC HEALTH AND
   17  SAFETY AND NO ENTITY  WHICH  COMPLIES  WITH  THE  REQUIREMENTS  OF  THIS
   18  SECTION CAPABLE OF RESPONDING TO THE EMERGENCY IS IMMEDIATELY AVAILABLE;
   19  OR
   20    (E) WHERE THE EMPLOYER OF THE STATE AGENT WHOSE PRIMARY RESPONSIBILITY
   21  IS  LAW  ENFORCEMENT  DEEMS IT NECESSARY TO PURCHASE HANDGUNS FROM OTHER
   22  THAN A RESPONSIBLE SUPPLIER; OR
   23    (F) WHERE THE EMPLOYER OF THE STATE AGENT DEEMS THAT THE INCLUSION  OR
   24  APPLICATION  OF SUCH PROVISIONS WILL VIOLATE OR BE INCONSISTENT WITH THE
   25  TERMS AND CONDITIONS OF A GRANT, SUBVENTION, OR CONTRACT OF  THE  UNITED
   26  STATES OR NEW YORK STATE GOVERNMENT OR THE INSTRUCTIONS OF AN AUTHORIZED
   27  REPRESENTATIVE  OF  ANY  SUCH  AGENCY  WITH  RESPECT  TO ANY SUCH GRANT,
   28  SUBVENTION OR CONTRACT.
   29    8. THIS SECTION SHALL NOT APPLY TO ANY  CONTRACT  WITH  A  CONTRACTING
   30  AGENCY ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   31    9.  IF  ANY  SUBDIVISION,  PARAGRAPH,  SUBPARAGRAPH, SENTENCE, CLAUSE,
   32  PHRASE, OR OTHER PORTION OF THIS SECTION IS, FOR  ANY  REASON,  DECLARED
   33  UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE-
   34  TENT  JURISDICTION,  SUCH  PORTION  SHALL  BE DEEMED SEVERABLE, AND SUCH
   35  UNCONSTITUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY  OF  THE
   36  REMAINING  PORTIONS  OF  THIS  SECTION,  WHICH  REMAINING PORTIONS SHALL
   37  CONTINUE IN FULL FORCE AND EFFECT.
   38    S 3. This act shall take effect on the one hundred eightieth day after
   39  it shall have become a law.