S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   87

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  PEOPLES-STOKES, JAFFEE, ROBINSON,
  CAMARA,  O'DONNELL  --  Multi-Sponsored  by  --  M.  of   A.   ARROYO,
  BROOK-KRASNY, GOTTFRIED, LIFTON, McDONOUGH, TITONE, WEISENBERG, WRIGHT
  -- read once and referred to the Committee on Governmental Operations

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:

  Section 1. Declaration of legislative findings and intent. The  legis-
lature finds that it is in the state's best interest to procure handguns
for  use  by  state  employees  in  the performance of their duties from
responsible suppliers that are committed to a standard of conduct  which
makes every effort to eliminate sales of guns that might lead to illegal
possession and/or misuse by criminals, unauthorized juveniles, and other
prohibited persons.
  Over  30,000  people  in the United States die each year from gunfire,
including 4,200 children. On average, firearms kill  approximately  nine
American  children  every day. In New York City, firearms, predominantly
handguns, are used in approximately sixty-six  percent  of  the  murders
committed  each year. More than twice the number of individuals murdered
with a firearm suffered injuries inflicted  by  firearms.  Handguns  are
also used in a high percentage of other crimes, including robbery, felo-
ny reckless endangerment and menacing.
  Government  agencies purchase approximately twenty-five percent of all
guns sold in the  United  States,  including  guns  for  police  forces,
correctional  services, and public safety agencies. The state is a major
purchaser of handguns for use by the  state's  various  law  enforcement
agencies.  The  legislature  finds  that  the  state,  acting  with  the
discretion allowed any private participant in the market, should  choose
to allocate its purchasing dollars in a manner that promotes the respon-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01079-02-3

A. 87                               2

sible  manufacture,  shipment, and distribution of handguns. In further-
ance of  this  goal,  this  legislation  requires  that  state  agencies
purchase handguns from suppliers that refrain from marketing or manufac-
turing  handguns  in  a manner that is attractive to criminals and juve-
niles, as well as adhere to other provisions designed  to  minimize  the
risk  to innocent third parties and to prevent handguns from leaving the
legal stream of commerce. Nevertheless, the legislature recognizes  that
handguns  which  satisfy  the standards required by this legislation may
not be  suitable  for  law  enforcement  needs,  thus,  the  legislation
provides  an  exception  if  necessary  for  handguns  procured  for law
enforcement or military uses.
  The legislature finds that it is imperative that the state  spend  its
citizens'  money  in a manner that promotes the safety and well-being of
all residents. Accordingly, the legislature finds  that  when  procuring
handguns, the state should do so from responsible manufacturers whenever
possible.
  S  2.  The state finance law is amended by adding a new section 169 to
read as follows:
  S 169. PURCHASE OF HANDGUNS.   1. FOR THE  PURPOSES  OF  THIS  SECTION
ONLY, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CONTRACT" MEANS ANY WRITTEN AGREEMENT, PURCHASE ORDER, OR INSTRU-
MENT  WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND
FUNDS IN RETURN FOR WORK, LABOR, SERVICES, SUPPLIES, EQUIPMENT,  MATERI-
ALS, OR ANY COMBINATION OF THE FOREGOING.
  (B)  "RESPONSIBLE  SUPPLIER"  MEANS  THAT  THE  SUPPLIER  OF HANDGUNS,
INCLUDING A MANUFACTURER, RETAIL DEALER,  AND/OR  WHOLESALE  DEALER,  IS
ABLE  TO DEMONSTRATE THAT IT IS COMMITTED TO A STANDARD OF CONDUCT WHICH
MAKES EVERY REASONABLE EFFORT TO ELIMINATE SALES OF WEAPONS  THAT  MIGHT
LEAD  TO  ILLEGAL  POSSESSION  AND/OR  MISUSE BY CRIMINALS, UNAUTHORIZED
JUVENILES, AND OTHER PROHIBITED PERSONS. THIS STANDARD  INCLUDES  DEMON-
STRATED COMPLIANCE WITH THE FOLLOWING PROVISIONS:
  (1)  DOES  NOT  SELL WEAPONS TO DEALERS WHO HAVE SOLD MORE THAN TWENTY
WEAPONS WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD IN THE PRECEDING  FIVE
YEARS  TRACED  TO USE IN A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY
THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES OR
WHO HAVE NOT, ON THEIR OWN, SOLD WEAPONS, TWENTY OR MORE OF WHICH WITHIN
ANY CONTINUOUS TWELVE MONTH PERIOD  IN  THE  PRECEDING  FIVE  YEARS  ARE
TRACED  TO  USE  IN  A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY THE
UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES;
  (2) MAKES NO SALES AT GUN SHOWS  OR  ALTERNATIVE  VENUES  UNLESS  SUCH
SALES  AT  THE  GUN  SHOW  OR  ALTERNATIVE VENUE ARE CONDUCTED ONLY UPON
COMPLETION OF A BACKGROUND CHECK AND ALL SELLERS  AT  THE  GUN  SHOW  OR
ALTERNATIVE VENUE AGREE TO CONDUCT SALES ONLY UPON COMPLETION OF A BACK-
GROUND  CHECK  AS DICTATED BY STATE AND FEDERAL LAW FOR SALE AT A RETAIL
GUN STORE;
  (3) (I) IN THE CASE OF A MANUFACTURER SELLING WEAPONS TO DEALERS, ONLY
SELLS TO DEALERS WHO OPERATE A RETAIL SHOP LOCATED AT A  FIXED  ADDRESS,
OR (II) IN THE CASE OF RETAIL OR WHOLESALE DEALERS WHERE:
  A. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
OR  GAUGE, AND SERIAL NUMBER OF ALL WEAPONS HELD IN INVENTORY OR OFFERED
FOR SALE;
  B. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS SOLD AND THE NAME AND LICENSE
NUMBER OF ALL PURCHASERS; AND
  C. THE DEALER MAKES VISIBLE ALL PERMITS AND LEGALLY REQUIRED SIGNAGE;

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  (4) PROVIDES FULL ACCESS OF AFOREMENTIONED RECORDS TO LAW  ENFORCEMENT
AND GOVERNMENT REGULATORS CONDUCTING COMPLIANCE INSPECTIONS;
  (5)  LIMITS PURCHASES BY ANY INDIVIDUAL IN ANY GIVEN THIRTY DAY PERIOD
TO ONE WEAPON; AND
  (6) IMPLEMENTS A SECURITY PLAN FOR SECURING WEAPONS IN TRANSIT.
  (C) "CONTRACTING AGENCY" MEANS A STATE AGENCY OR COVERED AUTHORITY.
  (D) "CONTRACTOR" MEANS ANY SUPPLIER, BY SALE OR LEASE, OF HANDGUNS  TO
A CONTRACTING AGENCY.
  (E)  "HANDGUN"  MEANS  A REVOLVER OR SEMI-AUTOMATIC PISTOL DESIGNED TO
EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE.
  (F) "STATE AGENT" MEANS ANY INDIVIDUAL WHO, AS  PART  OF  HIS  OR  HER
OFFICIAL  DUTIES,  PURCHASES OR LEASES A HANDGUN FINANCED IN WHOLE OR IN
PART BY A CONTRACTING AGENCY FOR PERFORMANCE OF OFFICIAL DUTIES.
  2. A CONTRACTING AGENCY SHALL ONLY ENTER INTO A CONTRACT  TO  PURCHASE
OR  OBTAIN  FOR  ANY PURPOSE HANDGUNS FROM A RESPONSIBLE SUPPLIER, AND A
STATE AGENT SHALL ONLY PURCHASE OR LEASE A HANDGUN FOR USE  IN  PERFORM-
ANCE OF OFFICIAL DUTIES FROM A RESPONSIBLE SUPPLIER.
  3.  THE SUPERINTENDENT OF STATE POLICE SHALL PROMULGATE RULES SPECIFY-
ING THE DOCUMENTS AND INFORMATION THAT CONTRACTORS MUST PROVIDE  TO  THE
CONTRACTING  AGENCY  FOR PURPOSES OF SUBPARAGRAPH THREE OF PARAGRAPH (B)
OF SUBDIVISION ONE OF THIS SECTION.
  4. UPON A DETERMINATION THAT A CONTRACTOR  IS  IN  VIOLATION  OF  THIS
SECTION,  THE CONTRACTING AGENCY SHALL REVIEW SUCH INFORMATION AND OFFER
THE CONTRACTOR AN OPPORTUNITY TO  RESPOND.  IF  THE  CONTRACTING  AGENCY
FINDS THAT A VIOLATION HAS OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE
APPROPRIATE  AND  PROVIDED  FOR BY LAW, RULE OR CONTRACT, INCLUDING, BUT
NOT LIMITED  TO,  IMPOSING  SANCTIONS,  SEEKING  COMPLIANCE,  RECOVERING
DAMAGES,  DECLARING  THE  CONTRACTOR  IN  DEFAULT,  SEEKING DEBARMENT OR
SUSPENSION OF THE CONTRACTOR AND/OR DEEMING IT AS NON-RESPONSIBLE.
  5. EVERY CONTRACT FOR OR ON BEHALF OF ALL CONTRACTING AGENCIES FOR THE
SUPPLY OF HANDGUNS SHALL CONTAIN A PROVISION OR PROVISIONS DETAILING THE
REQUIREMENTS OF THIS SECTION.
  6. WITH REGARD TO A "CONTRACTING AGENCY",  THE  REQUIREMENTS  OF  THIS
SECTION SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES:
  (A)  THERE  IS ONLY ONE PROSPECTIVE CONTRACTOR WILLING TO ENTER INTO A
CONTRACT; OR
  (B) WHERE IT IS DETERMINED THAT ALL BIDDERS TO A CONTRACT  ARE  DEEMED
INELIGIBLE FOR PURPOSES OF THIS SECTION; OR
  (C)  WHERE  IT  IS  AVAILABLE  FROM  A SOLE SOURCE AND THE PROSPECTIVE
CONTRACTOR IS NOT CURRENTLY DISQUALIFIED FROM DOING  BUSINESS  WITH  THE
CONTRACTING AGENCY; OR
  (D)  THE  CONTRACT  IS  NECESSARY  IN ORDER TO RESPOND TO AN EMERGENCY
WHICH ENDANGERS THE  PUBLIC  HEALTH  AND  SAFETY  AND  NO  ENTITY  WHICH
COMPLIES  WITH THE REQUIREMENTS OF THIS SECTION CAPABLE OF RESPONDING TO
THE EMERGENCY IS IMMEDIATELY AVAILABLE; OR
  (E) WHERE A CONTRACTING AGENCY WHOSE  PRIMARY  RESPONSIBILITY  IS  LAW
ENFORCEMENT  DEEMS  IT  NECESSARY TO PURCHASE HANDGUNS FROM OTHER THAN A
RESPONSIBLE SUPPLIER; OR
  (F) WHERE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL VIOLATE  OR
BE INCONSISTENT WITH THE TERMS AND CONDITIONS OF A GRANT, SUBVENTION, OR
CONTRACT  OF  THE  UNITED  STATES  OR  NEW  YORK STATE GOVERNMENT OR THE
INSTRUCTIONS OF AN AUTHORIZED REPRESENTATIVE OF  ANY  SUCH  AGENCY  WITH
RESPECT TO ANY SUCH GRANT, SUBVENTION, OR CONTRACT.
  ALL  WRITTEN  WAIVERS  SHALL  BECOME  PART OF THE CONTRACT FILE OF THE
CONTRACTING AGENCY. NOTWITHSTANDING ANY WAIVER, THE  CONTRACTING  AGENCY

A. 87                               4

SHALL  TAKE  EVERY REASONABLE MEASURE TO CONTRACT WITH A MANUFACTURER OR
DEALER WHO BEST SATISFIES THE REQUIREMENTS OF THIS SECTION.
  7.  WITH  REGARD  TO  "STATE AGENTS", THE REQUIREMENTS OF THIS SECTION
SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES:
  (A) THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THERE IS ONLY  ONE
PROSPECTIVE SUPPLIER WILLING OR ABLE TO SUPPLY SUCH HANDGUN; OR
  (B) WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT ALL PROSPEC-
TIVE SUPPLIERS ARE DEEMED INELIGIBLE FOR PURPOSES OF THIS SECTION; OR
  (C)  WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THE HANDGUN
IS AVAILABLE ONLY FROM A SOLE SOURCE AND THE PROSPECTIVE SUPPLIER IS NOT
CURRENTLY DISQUALIFIED FROM DOING BUSINESS WITH THE CONTRACTING  AGENCY;
OR
  (D) THE EMPLOYER OF THE STATE AGENT DETERMINES THAT IT IS NECESSARY IN
ORDER  TO  RESPOND TO AN EMERGENCY WHICH ENDANGERS THE PUBLIC HEALTH AND
SAFETY AND NO ENTITY  WHICH  COMPLIES  WITH  THE  REQUIREMENTS  OF  THIS
SECTION CAPABLE OF RESPONDING TO THE EMERGENCY IS IMMEDIATELY AVAILABLE;
OR
  (E) WHERE THE EMPLOYER OF THE STATE AGENT WHOSE PRIMARY RESPONSIBILITY
IS  LAW  ENFORCEMENT  DEEMS IT NECESSARY TO PURCHASE HANDGUNS FROM OTHER
THAN A RESPONSIBLE SUPPLIER; OR
  (F) WHERE THE EMPLOYER OF THE STATE AGENT DEEMS THAT THE INCLUSION  OR
APPLICATION  OF SUCH PROVISIONS WILL VIOLATE OR BE INCONSISTENT WITH THE
TERMS AND CONDITIONS OF A GRANT, SUBVENTION, OR CONTRACT OF  THE  UNITED
STATES OR NEW YORK STATE GOVERNMENT OR THE INSTRUCTIONS OF AN AUTHORIZED
REPRESENTATIVE  OF  ANY  SUCH  AGENCY  WITH  RESPECT  TO ANY SUCH GRANT,
SUBVENTION OR CONTRACT.
  8. THIS SECTION SHALL NOT APPLY TO ANY  CONTRACT  WITH  A  CONTRACTING
AGENCY ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
  9.  IF  ANY  SUBDIVISION,  PARAGRAPH,  SUBPARAGRAPH, SENTENCE, CLAUSE,
PHRASE, OR OTHER PORTION OF THIS SECTION IS, FOR  ANY  REASON,  DECLARED
UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE-
TENT  JURISDICTION,  SUCH  PORTION  SHALL  BE DEEMED SEVERABLE, AND SUCH
UNCONSTITUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY  OF  THE
REMAINING  PORTIONS  OF  THIS  SECTION,  WHICH  REMAINING PORTIONS SHALL
CONTINUE IN FULL FORCE AND EFFECT.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.