S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1308
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       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
   25  purchase handguns from suppliers that refrain from marketing or manufac-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00356-01-5
       S. 1308                             2
    1  turing handguns in a manner that is attractive to  criminals  and  juve-
    2  niles,  as  well  as adhere to other provisions designed to minimize the
    3  risk to innocent third parties and to prevent handguns from leaving  the
    4  legal  stream of commerce. Nevertheless, the legislature recognizes that
    5  handguns which satisfy the standards required by  this  legislation  may
    6  not  be  suitable  for  law  enforcement  needs,  thus,  the legislation
    7  provides an  exception  if  necessary  for  handguns  procured  for  law
    8  enforcement or military uses.
    9    The  legislature  finds that it is imperative that the state spend its
   10  citizens' money in a manner that promotes the safety and  well-being  of
   11  all  residents.  Accordingly,  the legislature finds that when procuring
   12  handguns, the state should do so from responsible manufacturers whenever
   13  possible.
   14    S 2. The state finance law is amended by adding a new section  169  to
   15  read as follows:
   16    S  169.  PURCHASE  OF  HANDGUNS.   1. FOR THE PURPOSES OF THIS SECTION
   17  ONLY, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   18    (A) "CONTRACT" MEANS ANY WRITTEN AGREEMENT, PURCHASE ORDER, OR INSTRU-
   19  MENT WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES  EXPEND
   20  FUNDS  IN RETURN FOR WORK, LABOR, SERVICES, SUPPLIES, EQUIPMENT, MATERI-
   21  ALS, OR ANY COMBINATION OF THE FOREGOING.
   22    (B) "RESPONSIBLE  SUPPLIER"  MEANS  THAT  THE  SUPPLIER  OF  HANDGUNS,
   23  INCLUDING  A  MANUFACTURER,  RETAIL  DEALER, AND/OR WHOLESALE DEALER, IS
   24  ABLE TO DEMONSTRATE THAT IT IS COMMITTED TO A STANDARD OF CONDUCT  WHICH
   25  MAKES  EVERY  REASONABLE EFFORT TO ELIMINATE SALES OF WEAPONS THAT MIGHT
   26  LEAD TO ILLEGAL POSSESSION  AND/OR  MISUSE  BY  CRIMINALS,  UNAUTHORIZED
   27  JUVENILES,  AND  OTHER PROHIBITED PERSONS. THIS STANDARD INCLUDES DEMON-
   28  STRATED COMPLIANCE WITH THE FOLLOWING PROVISIONS:
   29    (1) DOES NOT SELL WEAPONS TO DEALERS WHO HAVE SOLD  MORE  THAN  TWENTY
   30  WEAPONS  WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD IN THE PRECEDING FIVE
   31  YEARS TRACED TO USE IN A CRIME OR ILLEGAL POSSESSION, AS  DETERMINED  BY
   32  THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES OR
   33  WHO HAVE NOT, ON THEIR OWN, SOLD WEAPONS, TWENTY OR MORE OF WHICH WITHIN
   34  ANY  CONTINUOUS  TWELVE  MONTH  PERIOD  IN  THE PRECEDING FIVE YEARS ARE
   35  TRACED TO USE IN A CRIME OR ILLEGAL POSSESSION,  AS  DETERMINED  BY  THE
   36  UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES;
   37    (2)  MAKES  NO  SALES  AT  GUN SHOWS OR ALTERNATIVE VENUES UNLESS SUCH
   38  SALES AT THE GUN SHOW OR  ALTERNATIVE  VENUE  ARE  CONDUCTED  ONLY  UPON
   39  COMPLETION  OF  A  BACKGROUND  CHECK  AND ALL SELLERS AT THE GUN SHOW OR
   40  ALTERNATIVE VENUE AGREE TO CONDUCT SALES ONLY UPON COMPLETION OF A BACK-
   41  GROUND CHECK AS DICTATED BY STATE AND FEDERAL LAW FOR SALE AT  A  RETAIL
   42  GUN STORE;
   43    (3) (I) IN THE CASE OF A MANUFACTURER SELLING WEAPONS TO DEALERS, ONLY
   44  SELLS  TO  DEALERS WHO OPERATE A RETAIL SHOP LOCATED AT A FIXED ADDRESS,
   45  OR (II) IN THE CASE OF RETAIL OR WHOLESALE DEALERS WHERE:
   46    A. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
   47  OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS HELD IN INVENTORY OR  OFFERED
   48  FOR SALE;
   49    B. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
   50  OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS SOLD AND THE NAME AND LICENSE
   51  NUMBER OF ALL PURCHASERS; AND
   52    C. THE DEALER MAKES VISIBLE ALL PERMITS AND LEGALLY REQUIRED SIGNAGE;
   53    (4)  PROVIDES FULL ACCESS OF AFOREMENTIONED RECORDS TO LAW ENFORCEMENT
   54  AND GOVERNMENT REGULATORS CONDUCTING COMPLIANCE INSPECTIONS;
   55    (5) LIMITS PURCHASES BY ANY INDIVIDUAL IN ANY GIVEN THIRTY DAY  PERIOD
   56  TO ONE WEAPON;
       S. 1308                             3
    1    (6) IMPLEMENTS A SECURITY PLAN FOR SECURING WEAPONS IN TRANSIT; AND
    2    (7)   DOES  NOT  SELL  ASSAULT  WEAPONS,  AS  DEFINED  IN  SUBDIVISION
    3  TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW, OR LARGE CAPACITY AMMUNI-
    4  TION FEEDING DEVICES, AS DEFINED IN SUBDIVISION TWENTY-THREE OF  SECTION
    5  265.00  OF THE PENAL LAW, OTHER THAN TO POLICE OFFICERS, LAW ENFORCEMENT
    6  OR MILITARY ENTITIES, OR OTHER AUTHORIZED GOVERNMENTAL AGENCY.
    7    (C) "CONTRACTING AGENCY" MEANS A STATE AGENCY OR COVERED AUTHORITY.
    8    (D) "CONTRACTOR" MEANS ANY SUPPLIER, BY SALE OR LEASE, OF HANDGUNS  TO
    9  A CONTRACTING AGENCY.
   10    (E)  "HANDGUN"  MEANS  A REVOLVER OR SEMI-AUTOMATIC PISTOL DESIGNED TO
   11  EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE.
   12    (F) "STATE AGENT" MEANS ANY INDIVIDUAL WHO, AS  PART  OF  HIS  OR  HER
   13  OFFICIAL  DUTIES,  PURCHASES OR LEASES A HANDGUN FINANCED IN WHOLE OR IN
   14  PART BY A CONTRACTING AGENCY FOR PERFORMANCE OF OFFICIAL DUTIES.
   15    2. A CONTRACTING AGENCY SHALL ONLY ENTER INTO A CONTRACT  TO  PURCHASE
   16  OR  OBTAIN  FOR  ANY PURPOSE HANDGUNS FROM A RESPONSIBLE SUPPLIER, AND A
   17  STATE AGENT SHALL ONLY PURCHASE OR LEASE A HANDGUN FOR USE  IN  PERFORM-
   18  ANCE OF OFFICIAL DUTIES FROM A RESPONSIBLE SUPPLIER.
   19    3.  THE SUPERINTENDENT OF STATE POLICE SHALL PROMULGATE RULES SPECIFY-
   20  ING THE DOCUMENTS AND INFORMATION THAT CONTRACTORS MUST PROVIDE  TO  THE
   21  CONTRACTING  AGENCY  FOR PURPOSES OF SUBPARAGRAPH THREE OF PARAGRAPH (B)
   22  OF SUBDIVISION ONE OF THIS SECTION.
   23    4. UPON A DETERMINATION THAT A CONTRACTOR  IS  IN  VIOLATION  OF  THIS
   24  SECTION,  THE CONTRACTING AGENCY SHALL REVIEW SUCH INFORMATION AND OFFER
   25  THE CONTRACTOR AN OPPORTUNITY TO  RESPOND.  IF  THE  CONTRACTING  AGENCY
   26  FINDS THAT A VIOLATION HAS OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE
   27  APPROPRIATE  AND  PROVIDED  FOR BY LAW, RULE OR CONTRACT, INCLUDING, BUT
   28  NOT LIMITED  TO,  IMPOSING  SANCTIONS,  SEEKING  COMPLIANCE,  RECOVERING
   29  DAMAGES,  DECLARING  THE  CONTRACTOR  IN  DEFAULT,  SEEKING DEBARMENT OR
   30  SUSPENSION OF THE CONTRACTOR AND/OR DEEMING IT AS NON-RESPONSIBLE.
   31    5. EVERY CONTRACT FOR OR ON BEHALF OF ALL CONTRACTING AGENCIES FOR THE
   32  SUPPLY OF HANDGUNS SHALL CONTAIN A PROVISION OR PROVISIONS DETAILING THE
   33  REQUIREMENTS OF THIS SECTION.
   34    6. WITH REGARD TO A  CONTRACTING  AGENCY,  THE  REQUIREMENTS  OF  THIS
   35  SECTION SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES:
   36    (A)  THERE  IS ONLY ONE PROSPECTIVE CONTRACTOR WILLING TO ENTER INTO A
   37  CONTRACT; OR
   38    (B) WHERE IT IS DETERMINED THAT ALL BIDDERS TO A CONTRACT  ARE  DEEMED
   39  INELIGIBLE FOR PURPOSES OF THIS SECTION; OR
   40    (C)  WHERE  IT  IS  AVAILABLE  FROM  A SOLE SOURCE AND THE PROSPECTIVE
   41  CONTRACTOR IS NOT CURRENTLY DISQUALIFIED FROM DOING  BUSINESS  WITH  THE
   42  CONTRACTING AGENCY; OR
   43    (D)  THE  CONTRACT  IS  NECESSARY  IN ORDER TO RESPOND TO AN EMERGENCY
   44  WHICH ENDANGERS THE  PUBLIC  HEALTH  AND  SAFETY  AND  NO  ENTITY  WHICH
   45  COMPLIES  WITH THE REQUIREMENTS OF THIS SECTION CAPABLE OF RESPONDING TO
   46  THE EMERGENCY IS IMMEDIATELY AVAILABLE; OR
   47    (E) WHERE A CONTRACTING AGENCY WHOSE  PRIMARY  RESPONSIBILITY  IS  LAW
   48  ENFORCEMENT  DEEMS  IT  NECESSARY TO PURCHASE HANDGUNS FROM OTHER THAN A
   49  RESPONSIBLE SUPPLIER; OR
   50    (F) WHERE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL VIOLATE  OR
   51  BE INCONSISTENT WITH THE TERMS AND CONDITIONS OF A GRANT, SUBVENTION, OR
   52  CONTRACT OF THE UNITED STATES OR STATE GOVERNMENT OR THE INSTRUCTIONS OF
   53  AN AUTHORIZED REPRESENTATIVE OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH
   54  GRANT, SUBVENTION, OR CONTRACT.
   55    ALL  WRITTEN  WAIVERS  SHALL  BECOME  PART OF THE CONTRACT FILE OF THE
   56  CONTRACTING AGENCY. NOTWITHSTANDING ANY WAIVER, THE  CONTRACTING  AGENCY
       S. 1308                             4
    1  SHALL  TAKE  EVERY REASONABLE MEASURE TO CONTRACT WITH A MANUFACTURER OR
    2  DEALER WHO BEST SATISFIES THE REQUIREMENTS OF THIS SECTION.
    3    7. WITH REGARD TO STATE AGENTS, THE REQUIREMENTS OF THIS SECTION SHALL
    4  BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES:
    5    (A)  THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THERE IS ONLY ONE
    6  PROSPECTIVE SUPPLIER WILLING OR ABLE TO SUPPLY SUCH HANDGUN; OR
    7    (B) WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT ALL PROSPEC-
    8  TIVE SUPPLIERS ARE DEEMED INELIGIBLE FOR PURPOSES OF THIS SECTION; OR
    9    (C) WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THE  HANDGUN
   10  IS AVAILABLE ONLY FROM A SOLE SOURCE AND THE PROSPECTIVE SUPPLIER IS NOT
   11  CURRENTLY  DISQUALIFIED FROM DOING BUSINESS WITH THE CONTRACTING AGENCY;
   12  OR
   13    (D) THE EMPLOYER OF THE STATE AGENT DETERMINES THAT IT IS NECESSARY IN
   14  ORDER TO RESPOND TO AN EMERGENCY WHICH ENDANGERS THE PUBLIC  HEALTH  AND
   15  SAFETY  AND  NO  ENTITY  WHICH  COMPLIES  WITH  THE REQUIREMENTS OF THIS
   16  SECTION CAPABLE OF RESPONDING TO THE EMERGENCY IS IMMEDIATELY AVAILABLE;
   17  OR
   18    (E) WHERE THE EMPLOYER OF THE STATE AGENT WHOSE PRIMARY RESPONSIBILITY
   19  IS LAW ENFORCEMENT DEEMS IT NECESSARY TO PURCHASE  HANDGUNS  FROM  OTHER
   20  THAN A RESPONSIBLE SUPPLIER; OR
   21    (F)  WHERE THE EMPLOYER OF THE STATE AGENT DEEMS THAT THE INCLUSION OR
   22  APPLICATION OF SUCH PROVISIONS WILL VIOLATE OR BE INCONSISTENT WITH  THE
   23  TERMS  AND  CONDITIONS OF A GRANT, SUBVENTION, OR CONTRACT OF THE UNITED
   24  STATES OR NEW YORK STATE GOVERNMENT OR THE INSTRUCTIONS OF AN AUTHORIZED
   25  REPRESENTATIVE OF ANY SUCH  AGENCY  WITH  RESPECT  TO  ANY  SUCH  GRANT,
   26  SUBVENTION OR CONTRACT.
   27    8.  THIS  SECTION  SHALL  NOT APPLY TO ANY CONTRACT WITH A CONTRACTING
   28  AGENCY ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   29    9. IF ANY  SUBDIVISION,  PARAGRAPH,  SUBPARAGRAPH,  SENTENCE,  CLAUSE,
   30  PHRASE,  OR  OTHER  PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED
   31  UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE-
   32  TENT JURISDICTION, SUCH PORTION SHALL  BE  DEEMED  SEVERABLE,  AND  SUCH
   33  UNCONSTITUTIONALITY  OR  INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE
   34  REMAINING PORTIONS OF  THIS  SECTION,  WHICH  REMAINING  PORTIONS  SHALL
   35  CONTINUE IN FULL FORCE AND EFFECT.
   36    S 3. This act shall take effect on the one hundred eightieth day after
   37  it shall have become a law.