NY State Senate Bill 2015-S5080

Senate Bill S5080

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Apr 30, 2015	referred to labor

2015-S5080 (ACTIVE) - Details

See Assembly Version of this Bill:: A7937
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §27-a, Lab L

2015-S5080 (ACTIVE) - Summary

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

2015-S5080 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5080

TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers who
employ one or more police officers to provide ballistic soft-body
armor vests to New York city police officers

PURPOSE:

To require employers who employ one or more police officers to provide
ballistic soft-body armor vests to New York City 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.

2015-S5080 (ACTIVE) - Bill Text download pdf

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

                                  5080

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 30, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to  requiring  employers  who
  employ  one  or  more  police  officers to provide ballistic soft-body
  armor vests to New York city police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph d of subdivision 4 of section 27-a of the labor
law is relettered paragraph e and a new paragraph d is added to read  as
follows:
  D.  ANY  EMPLOYER  LOCATED  IN  A  CITY  WITH A POPULATION OF OVER ONE
MILLION AND THAT EMPLOYS ONE OR MORE  POLICE  OFFICERS,  AS  DEFINED  BY
SUBDIVISION  THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
SHALL PROVIDE, AT THE EXPENSE OF THE  EMPLOYER,  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 BALLISTIC SOFT-BODY
ARMOR VEST AS REQUIRED BY THIS PARAGRAPH OR MORE  STRINGENT  REGULATIONS
PROMULGATED  BY  THE  COMMISSIONER  IN CONSULTATION WITH THE DIVISION OF
CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION EIGHT HUNDRED  THIRTY-SEV-
EN-D OF THE EXECUTIVE LAW. UNLESS EXPRESSLY AGREED PURSUANT TO A COLLEC-
TIVE  BARGAINING AGREEMENT, AN EMPLOYER SHALL NOT REQUIRE A POLICE OFFI-
CER TO PURCHASE A BALLISTIC  SOFT-BODY  ARMOR  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.
  (I)  AS USED IN THIS PARAGRAPH, "BALLISTIC SOFT-BODY ARMOR VEST" SHALL
MEAN A CUSTOM-FITTED, CONCEALABLE, SOFT-BODY ARMOR OR  BULLETPROOF  VEST
THAT  MEETS  OR EXCEEDS THE STANDARDS OF VESTS COMMONLY KNOWN OR CLASSI-
FIED 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  LEVEL  OF  PROTECTION  OF  THOSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09901-01-5

S. 5080                             2

VESTS  COMMONLY KNOWN OR CLASSIFIED AS TYPE III-A WITH SIDE AND EXTENDED
PROTECTION IN SUCH 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 THEN IN EFFECT AT  THE  TIME  OR  (B)  ANY
OTHER  REQUIREMENTS  FOR VESTS SET FORTH IN SUBSEQUENT REVISIONS THEREOF
WHICH OTHERWISE COMPLY WITH MORE STRINGENT  REQUIREMENTS  SET  FORTH  IN
REGULATIONS  PROMULGATED  BY THE COMMISSIONER.   NOTHING IN THIS SECTION
SHALL PROHIBIT AN EMPLOYER FROM  PROVIDING  POLICE  OFFICERS  UNDER  ITS
EMPLOY  BALLISTIC SOFT-BODY ARMOR VESTS THAT EXCEED THE MINIMUM REQUIRE-
MENTS SET FORTH IN THIS  SUBPARAGRAPH  OR  REGULATIONS  ADOPTED  BY  THE
COMMISSIONER.
  (II)  ALL  BALLISTIC SOFT-BODY ARMOR VESTS PROVIDED TO POLICE OFFICERS
UNDER THIS PARAGRAPH ARE REQUIRED TO, AT A MINIMUM, BE REPLACED  AT  THE
EXPENSE  OF THE EMPLOYER (A) ON OR BEFORE THE EXPIRATION OF THE MANUFAC-
TURER'S WARRANTY PERIOD BUT NOT LATER THAN FIVE YEARS AFTER THE DATE  OR
PURCHASE  BY  THE EMPLOYER; (B) AFTER ANY BALLISTIC SOFT-BODY ARMOR VEST
SUSTAINS A HIT FROM A FIREARM  OR  PROJECTILE;  (C)  AFTER  A  BALLISTIC
SOFT-ARMOR VEST IS DAMAGED OR DESTROYED DUE TO ITS USE IN SERVICE, WEAR,
OR  ANY  OTHER  REASON THAT WOULD AFFECT THE PROTECTIVE QUALITIES OF THE
BALLISTIC SOFT-BODY ARMOR VEST NECESSITATING ITS REMOVAL  FROM  SERVICE;
OR (D) WHEN, FOR ANY REASON, THE VEST DOES NOT PROPERLY FIT OR OTHERWISE
DOES  NOT  PROVIDE  THE  NECESSARY  PROTECTION FOR THE INDIVIDUAL POLICE
OFFICER.
  (III) NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO OFFSET THE COST  IN
PROVIDING  OR  REPLACING  BALLISTIC SOFT-BODY ARMOR VESTS AS REQUIRED BY
THIS PARAGRAPH, AN EMPLOYER MAY  APPLY  FOR  REIMBURSEMENT  PURSUANT  TO
SECTION EIGHT HUNDRED THIRTY-SEVEN-D OF THE EXECUTIVE LAW OR ANY FEDERAL
OR  STATE PROGRAM THEN IN EFFECT FOR THE REIMBURSEMENT OR REPLACEMENT OF
BALLISTIC SOFT-BODY ARMOR VESTS FOR POLICE OFFICERS WITHIN THE STATE.
  S 2. The act shall take effect immediately.

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