-  This bill is not active in this session.
 

A01213 Summary:

BILL NOA01213
 
SAME ASSAME AS S02438
 
SPONSORHunter
 
COSPNSRTaylor, Steck, D'Urso, Ortiz, Gottfried, Blake, Perry, Weprin, Seawright, Bichotte, Simon, Burke, Cruz, Frontus, Griffin, Jacobson, McMahon, Pichardo, Reyes, Sayegh, Stern, Buttenschon, Ramos, Otis, Dinowitz, Jaffee
 
MLTSPNSR
 
Amd §400.00, Pen L
 
Relates to access to foreign state records concerning previous or present mental illness of applicants for firearms licenses.
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A01213 Actions:

BILL NOA01213
 
01/14/2019referred to codes
01/28/2019reported referred to rules
01/28/2019reported
01/28/2019rules report cal.17
01/28/2019ordered to third reading rules cal.17
01/29/2019passed assembly
01/29/2019delivered to senate
01/29/2019REFERRED TO RULES
01/29/2019SUBSTITUTED FOR S2438
01/29/20193RD READING CAL.90
01/29/2019PASSED SENATE
01/29/2019RETURNED TO ASSEMBLY
09/03/2019delivered to governor
09/03/2019signed chap.242
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A01213 Committee Votes:

CODES Chair:Lentol DATE:01/28/2019AYE/NAY:22/0 Action: Favorable refer to committee Rules
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Heastie DATE:01/28/2019AYE/NAY:29/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchExcused
GanttExcusedBarclayAye
NolanAyeRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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A01213 Floor Votes:

DATE:01/29/2019Assembly Vote  YEA/NAY: 145/1
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
ER
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
Yes
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
ER
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
No
Friend
Yes
Lawrence
Yes
Palumbo
ER
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A01213 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1213
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the penal law, in relation to access to foreign state records   PURPOSE: Individuals who are domiciled in other states but reside in New York are able to apply for firearm licenses - but due to confidentiality rules, New York authorities may be prevented from investigating the mental illness record of those individuals in their home states. This measure addresses that flaw by requiring applicants to waive the confidentiality of their foreign home state mental illness records to the extent a waiv- er is necessary to permit the New York licensing authority to view those records.   SUMMARY OF SPECIFIC PROVISIONS: This measure would amend section 400.00(4) of the Penal Law to require an applicant for a firearms license who is a New York resident but domi- ciled in a foreign state to exercise a waiver of confidentiality that would permit law enforcement officials to inquire of the foreign state about the applicant's mental health records.   JUSTIFICATION: The Court of Appeals recently held that a person can apply for a firearm license in the county of his or her residence, regardless of the place of the applicant's domicile (Osterweil v. Bartlett, 21 NY3d 580 (2013)). The Osterweil decision has exposed a significant flaw in New York's statutory scheme involving firearms licenses. Currently, before a firearms license is issued, an investigation must be made of the appli- cant's history of mental illness. To that end, the licensing statute provides that "the records of the appropriate office of the department of mental hygiene concerning previous or present mental illness of the applicant shall be made available for inspection by the investigating officer of the police authority" (PL § 400.00(4)). This provision adequately ensures that the licensing authority will be aware of the mental health records of a New York State domiciliary because any such records are likely to be maintained by an office under the control of the department of mental hygiene. After Osterweil, however, foreign state domiciliaries who maintain a New York residence have begun to apply for firearm's licenses in New York without being subject to adequate investigation of their home state record of mental illness. Confidentiality rules prevent New York authorities from investigating the mental illness record of foreign states. Moreover, it is unlikely that New York residents who are domiciled elsewhere, many of whom only have vacation homes and summer camps in New York, will have a mental illness record in New York. Thus, there is little chance under current law for a complete investigation of the mental illness history of a foreign domiciliary. This measure would close the loophole created by Osterweil by requiring an investigation of the mental illness records of a foreign state where the applicant is domiciled in a foreign state. In order to permit such an investigation, the measure requires such an applicant to execute a waiver of confidentiality in such form as may be required by their foreign home state.   LEGISLATIVE HISTORY: 2015: A07463 (Kavanagh): Passed Assembly 2016: A07463 (Kavanagh): Passed Assembly 2018: A09978 (Hunter): Passed Assembly   FISCAL IMPLICATIONS: Minimal   EFFECTIVE DATE: This measure shall take effect 90 days after becoming law.
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A01213 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1213
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by M. of A. HUNTER, TAYLOR, STECK, D'URSO, ORTIZ, GOTTFRIED,
          BLAKE, PERRY, WEPRIN, SEAWRIGHT, BICHOTTE,  SIMON  --  read  once  and
          referred to the Committee on Codes
 
        AN  ACT  to  amend the penal law, in relation to access to foreign state
          records
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  4  of  section  400.00  of the penal law, as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3    4. Investigation. Before a license is issued or renewed,  there  shall
     4  be an investigation of all statements required in the application by the
     5  duly  constituted police authorities of the locality where such applica-
     6  tion is made, including but not limited to such records as may be acces-
     7  sible to the division of state police or division  of  criminal  justice
     8  services  pursuant  to section 400.02 of this article. For that purpose,
     9  the records of the  appropriate  office  of  the  department  of  mental
    10  hygiene  concerning  previous or present mental illness of the applicant
    11  shall be available for inspection by the investigating  officer  of  the
    12  police  authority.  Where the applicant is domiciled in a foreign state,
    13  the investigation shall include inquiry of the foreign state for records
    14  concerning the previous or present mental illness of the applicant, and,
    15  to the extent necessary for inspection by the investigating officer, the
    16  applicant shall execute a waiver of confidentiality of  such  record  in
    17  such form as may be required by the foreign state. In order to ascertain
    18  any  previous  criminal record, the investigating officer shall take the
    19  fingerprints and physical descriptive  data  in  quadruplicate  of  each
    20  individual by whom the application is signed and verified. Two copies of
    21  such  fingerprints  shall  be  taken on standard fingerprint cards eight
    22  inches square, and one copy may be taken on a  card  supplied  for  that
    23  purpose  by the federal bureau of investigation; provided, however, that
    24  in the case of a corporate applicant that  has  already  been  issued  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02184-01-9

        A. 1213                             2
 
     1  dealer  in firearms license and seeks to operate a firearm dealership at
     2  a second or subsequent location, the original fingerprints on  file  may
     3  be  used  to  ascertain  any criminal record in the second or subsequent
     4  application  unless any of the corporate officers have changed since the
     5  prior application, in which case the new corporate officer shall  comply
     6  with  procedures governing an initial application for such license. When
     7  completed, one standard card shall be forwarded to and retained  by  the
     8  division  of  criminal  justice services in the executive department, at
     9  Albany. A search of the files of such division and written  notification
    10  of  the results of the search to the investigating officer shall be made
    11  without unnecessary delay. Thereafter, such division  shall  notify  the
    12  licensing  officer  and  the  executive  department,  division  of state
    13  police, Albany, of any criminal record of the  applicant  filed  therein
    14  subsequent  to  the  search of its files. A second standard card, or the
    15  one supplied by the federal bureau of investigation, as the case may be,
    16  shall be forwarded to that bureau at Washington with a request that  the
    17  files  of  the bureau be searched and notification of the results of the
    18  search be made to the investigating police authority. Of  the  remaining
    19  two fingerprint cards, one shall be filed with the executive department,
    20  division  of state police, Albany, within ten days after issuance of the
    21  license, and the other remain on  file  with  the  investigating  police
    22  authority.  No  such  fingerprints  may be inspected by any person other
    23  than a peace officer, who is acting  pursuant  to  his  or  her  special
    24  duties,  or a police officer, except on order of a judge or justice of a
    25  court of record either upon notice to the licensee or without notice, as
    26  the judge or justice may deem appropriate. Upon completion of the inves-
    27  tigation, the police authority shall report the results to the licensing
    28  officer without unnecessary delay.
    29    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    30  have become a law.
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A01213 LFIN:

 NO LFIN
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A01213 Chamber Video/Transcript:

1-29-19Video (@ 00:04:21)Transcript pdf Transcript html
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