NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5014A
SPONSOR: Gray TITLE OF BILL:
An act to amend the criminal procedure law, in relation to designating
as peace officers certain Ogdensburg Bridge and Port Authority security
personnel
PURPOSE:
To designate as peace officers, security personnel at Ogdensburg Inter-
national Airport, who are presently carrying firearms pursuant to the
stringent permitting process under section 400.00 of the penal law.
SUMMARY OF PROVISIONS:
Amends § 2.10 of the Criminal Procedure Law to designate as peace offi-
cers, security personnel at Ogdensburg International Airport, who are
presently carrying firearms pursuant to the stringent permitting process
under section 400.00 of the penal law.
JUSTIFICATION:
The Ogdensburg Bridge and Port Authority (OBPA) requests this legis-
lation because of the need to meet TSA security requirements. While
OBPA has inherent authority to provide security for the Ogdensburg
International Airport, under the New York Public Authorities Law, it
cannot hire peace officers without additional legislation. Security
guards do not meet TSA safety requirements and make this additional
legislation is necessary.
Currently Ogdensburg International Airport Security is provided by
Ogdensburg police officers, however, there is a shortage of personnel at
the Ogdensburg police department necessitating OBPA's need to hire its
own peace officers. Their intention is to hire retired law enforcement
officers so that they are not competing with the city's recruitment
needs.
There is an urgency to this legislation because the OBPA is attempting
to recruit new carriers to the Ogdensburg International Airport, howev-
er, if providing sufficient airport security remains an issue, it will
be difficult to attract more flight and carriers to the airport.
Nothing in this bill is intended to change the requirement that these
security personnel must continue to comply with the stringent permitting
process for the carrying of firearms under section 400.00 of the New
York State Penal Law, the requirements of which must be complied with by
all persons other than persons designated as police officers. This bill
is necessary to comply with federal law, and more importantly to main-
tain airport safety.
LEGISLATIVE HISTORY:
2023: Passed Assembly;S4382 Referred to Codes
2021-2022: S9373 Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5014--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. GRAY, BLANKENBUSH, BENDETT, DeSTEFANO,
J. M. GIGLIO -- read once and referred to the Committee on Codes --
recommitted to the Committee on Codes in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to designating
as peace officers certain Ogdensburg Bridge and Port Authority securi-
ty personnel
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2.10 of the criminal procedure law is amended by
2 adding a new subdivision 87 to read as follows:
3 87. Employees of the Ogdensburg Bridge and Port Authority designated
4 by said authority to provide security for the Ogdensburg International
5 Airport, when acting pursuant to their duties as such, with such author-
6 ization being specifically limited to the grounds of said airport;
7 provided, however, that nothing in this subdivision shall be deemed to
8 authorize any such authority employee designated as a peace officer to
9 carry, possess, repair, or dispose of a firearm unless the appropriate
10 license therefor has been issued pursuant to section 400.00 of the penal
11 law.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06855-02-4
