N.Y. Executive Law § 837-d: Soft body ballistic armor vests for police officers

§ 837-d. Soft body ballistic armor vests for police officers. 1. As

used in this section, the following terms have the following meanings:

(a) "Eligible police officer" means a police officer as defined in

subdivision thirty-four of section 1.20 of the criminal procedure law

whose regular duties are such as the commissioner determines may expose

the officer to serious physical injury which may result in death or

disability;

(b) "Vest" means a soft body ballistic armor vest;

(c) "Municipal corporation" means a county, city, town, village or

police district;

(d) "Public authority" means an independent autonomous public

corporation created by special act of the legislature;

(e) "Public benefit corporation" means a corporation organized to

construct or operate a public improvement wholly within the state;

(f) "State agency" means a department, board, bureau, commission,

agency or other division of state government;

(g) "Applicant" means a state agency, municipal corporation, public

authority, public benefit corporation, or the highest official thereof.

2. An applicant which is authorized to and employs police officers may

apply to the commissioner for reimbursement of funds expended for the

purchase of vests for eligible police officers.

3. Reimbursement shall be made only for vests which at the time of

purchase meet or exceed the minimum standards and specifications in

effect on that date as prescribed by rules and regulations promulgated

pursuant to subdivisions six and six-a of this section, and shall be

limited to the total amount appropriated for such purpose. Reimbursement

for any vest shall not exceed an amount which in the judgment of the

commissioner would be the cost of a vest conforming to minimum standards

and specifications in effect at the time the vest was purchased.

Selection of vests shall be a determination to be made by the applicant

in accordance with rules and regulations promulgated by the

commissioner. Such rules and regulations shall provide that, subject to

the provisions of subdivisions six and six-a of this section, the

applicant may select from a range of vests including those commonly

known or classified as type I, type II-A, type II or type III-A in such

standard classification systems as the national institute of justice

standards for ballistic resistance of police body armor.

4. The commissioner shall require any applicant seeking reimbursement

for vests to apply for any available federal funds. Any applicant

failing to do so shall not be entitled to reimbursement under this

section. The commissioner may waive such failure for good cause. The

commissioner shall maintain a public record of all such waivers and the

reasons therefor. Reimbursement may be withheld pending the

determination of an application for federal funds.

4-a. An applicant for reimbursement pursuant to this section shall

report the name of each eligible police officer for whom reimbursement

is sought. The applicant shall report whether such eligible police

officer or officers have, at any time during the ten years immediately

preceding the application for reimbursement, been provided with any

other vest for which reimbursement pursuant to this section was

provided, the date of any such prior reimbursement and any other

information that the commissioner may require for accurate

record-keeping and accountability and for evaluation of performance,

wear and officer use of vests.

5. The amount of any reimbursement authorized to be made pursuant to

subdivision three of this section shall be reduced by the amount of any

federal funds granted to the applicant for the purpose of purchasing

vests, and by the amount of any other funds received directly or

indirectly for that purpose by the applicant.

6. The commissioner shall promulgate regulations prescribing standards

and specifications for vests and procedures for vest selection by and

reimbursement to applicants. In promulgating such regulations, the

commissioner shall give due consideration to:

(a) the maximum total weight of a vest which provides adequate

protection against ballistic penetration and trauma, and which may be

worn in comfort throughout an eight hour tour of duty;

(b) the ballistic specifications which the vest or any part thereof

must be capable of defeating which shall include, but not be limited to,

the ballistic specifications of any firearms considered to be standard

issue to eligible police officers;

(c) the testing procedures appropriate to determining the

effectiveness of such vests;

(d) the labeling requirements for the vests and component parts

thereof; and

(e) the commercial availability of conforming vests.

6-a. In the evaluation of an application for reimbursement, the

commissioner shall, at the request of the applicant, give consideration

to the ballistic specifications of any firearm or firearms considered by

the applicant to be standard issue to its police officers.

7. The contract specifications for bid for the sale of vests shall

require that a certificate of insurance evidencing that liability

insurance providing a minimum coverage of at least five hundred thousand

dollars per occurrence for injury or death suffered as a result of a

defect in the manufacture shall be and remain in effect for the

projected life of any vest purchased.

8. Neither the state nor the applicant or any employee thereof shall

be liable to a police officer or officer's heirs, executors,

administrators or assigns, for the death of or injury to the officer

resulting from any defect or deficiency in a vest for which

reimbursement is made pursuant to this section.

9. A police officer who suffers an injury or death as a result of the

officer's failure to wear a vest for which reimbursement is made

pursuant to this section, and officer's heirs, executors, administrators

or assigns shall not suffer any loss or be denied any benefit or right

to which they are otherwise entitled; provided, however, that nothing

contained herein shall prevent the officer from being subject to a

disciplinary proceeding for failure to obey a lawful order of a superior

officer requiring the officer to wear a vest.

10. Nothing contained in this section shall be construed to prohibit

an applicant from expending its own funds for vests in amounts exceeding

the established state reimbursement limitations.

11. The commissioner is authorized to promulgate rules and regulations

to provide for the orderly effectuation of the provisions of this

section.

12. The commissioner shall establish and maintain a record containing

the name of each eligible police officer who receives a vest for which

reimbursement has been provided pursuant to this section, the applicant

to whom reimbursement for such vest is provided, the date on which such

reimbursement was provided and any other information that the

commissioner may require for accurate record-keeping and accountability

and for evaluation of performance, wear and officer use of vests.

13. Nothing in this section shall be deemed to supersede the

provisions of section three of chapter eight hundred seventy-six of the

laws of nineteen hundred eighty applicable to members of the division of

state police or to alter a valid labor-management agreement covering

employees of the state serving in police officer positions in the

security services negotiating unit established pursuant to article

fourteen of the civil service law which is in effect on the effective

date of this section.