Tag Archives: NYSAC

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2013 NYSAC Fall Seminar

Standing Committee on Public Safety

Resolution #1

 

RESOLUTION CALLING ON GOVERNOR ANDREW M. CUOMO AND THE STATE LEGISLATURE TO AMEND CHAPTER 1 OF THE LAWS OF 2013, THE NY SAFE ACT, TO ADDRESS COUNTY CONCERNS AND IMPLEMENTATION PROBLEMS

 

WHEREAS, Chapter 1 of the Laws of 2013, known as the New York Secure Ammunition and Firearms Enforcement (NY SAFE) Act, was enacted on January 15, 2013; and

 

WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in the United States, and the rights protected by the Second Amendment to the United States Constitution are exercised by many of our residents; and

 

WHEREAS, the enactment of the NY SAFE Act (Chapter 1 of the Laws of 2013) has engendered significant controversy over both the process by which it was enacted and certain provisions contained within it; and

 

WHEREAS, the expedited process in crafting the NY SAFE Act resulted in complex policy changes, many of which resulted in problems with implementation in the months following the legislation’s enactment; and

 

WHEREAS, the law requires mental health practitioners to report to the county Mental Health Commissioner, known as the Director of Community Services (DCS), any person who the mental health practitioner determines is likely to engage in conduct that would result in serious harm to self or others; and 

 

WHEREAS, the law requires the DCS to determine whether or not he/she agrees that the person is likely to engage in such conduct, and if so, the DCS is then required to forward that person’s name to the Division of Criminal Justice Services (DCJS); and

 

WHEREAS, the New York State Office of Mental Health (OMH) created a portal called ISARS for mental health practitioners to report information required under the statute, including the individual’s county of residence; and

 

WHEREAS, a report from ISARS is sent to the DCS at the person’s county of residence and then, if approved by the DCS, it is forwarded to DCJS for confirmation of the person’s identity before finally forwarding that information to the sheriff or local law enforcement; and

 

WHEREAS, though the OMH ISARS portal has reduced the workload burden on counties in complying with the SAFE Act, it has not eliminated the burden, and county mental health departments continue to have to redirect staff away from their duties to review a significant volume of SAFE Act reports many of which require follow up or additional information from the reporting practitioners; and

 

WHEREAS, the requirements of the SAFE Act are burdensome to county mental health departments, by straining resources and encumbering employees, without the funding required to support this mandate; and 

 

WHEREAS, county clerks across the state incurred significant burdens, costs and strain on their resources in dealing with new requirements of this act, including increased or new requirements in the firearms registration process, new FOIL opt-out procedures, and other permit and filing related matters; and

 

WHEREAS, counties will incur these problems again when the pistol permit recertification process occurs, increasing requirements for county clerks offices where local applications are currently processed; and

 

WHEREAS, county law enforcement, police officers and peace officers have experienced problems in gaining timely access to ammunition for their job training purposes; and

 

WHEREAS, the SAFE Act expressly states that no costs of this law shall be borne by local governments, however many county departments have experienced significant increases in their workload due to the new requirements the law creates; and

 

WHEREAS, 52 Counties in New York State have passed resolutions opposing the SAFE Act.

 

NOW, THEREFORE, BE IT RESOLVED that NYSAC calls on the Legislature and Governor Andrew M. Cuomo to work with counties to amend Chapter 1 of the Laws of 2013 in order to address the many administrative problems that have been faced by counties, as well as and address the county specific costs that have been incurred by counties to implement of this legislation; and

 

BE IT FURTHER RESOLVED, that NYSAC calls on the New York State Police to provide clarity and assistance to counties as the State Police develops the statewide database; and

 

BE IT FURTHER RESOLVED, that copies of this resolution be sent to the sixty-two counties of New York State encouraging member counties to enact similar resolutions; and

 

BE IT FURTHER RESOLVED, that the New York State Association of Counties shall forward copies of this resolution to Governor Andrew M. Cuomo, the New York State Legislature, and all others deemed necessary and proper.

Source

2013 NYSAC Legislative Conference
NYSAC Board of Directors
Resolution #2

RESOLUTION CALLING ON GOVERNOR ANDREW M. CUOMO AND THE STATE LEGISLATURE TO AMEND CHAPTER 1 OF THE LAWS OF 2013, THE NY SAFE ACT, TO ADDRESS ISSUES RELATED TO COUNTY COSTS AND IMPLEMENTATION OF PROVISIONS RELATED TO MENTAL HEALTH, RECORD KEEPING, AND PUBLIC SAFETY

WHEREAS, Chapter 1 of the laws of 2013, known as the New York Secure Ammunition and Firearms Enforcement (NY SAFE) Act; and

WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in the United States, and the rights protected by the Second Amendment to the United States Constitution are exercised by many of our residents; and

WHEREAS, the enactment of the NY SAFE Act (Chapter 1 of the Laws of 2013) has engendered significant controversy over both the process by which it was enacted and certain provisions contained within it; and

WHEREAS, the expedited process in crafting the NY SAFE Act resulted in complex policy changes, many of which have been left up to interpretation; and

WHEREAS, this legislation has 60 sections, of which only three take effect immediately; and

WHEREAS, this new law requires the local director of community services (county Commissioner of Mental Health) or his or her designee to receive reports from all mental health professionals who believe that their patient is likely to engage in conduct that would result in serious harm to self or others; and

WHEREAS, such local director of community services or designee must investigate each report to confirm the identity and professional status of such mental health practitioner, and to determine whether they agree with the practitioner’s assessment; and

WHEREAS, upon such agreement with a reporting mental health practitioner, the DCS or designee shall be required to file a report with the Division of Criminal Justice Services; and

WHEREAS, NYS Department of Health SPARCS hospitalization data indicate that over 210,000 psychiatric unit discharges occurred in the 2010 calendar year, which may now be reported to Directors of Community Services under the Mental Hygiene Law 9.46 standard; and
WHEREAS, the reporting of all or even a portion of such psychiatric admissions to DCSs annually would require county governments to increase staff and would significantly increase local costs; not including the numerous other cases that will be reported by mental health practitioners in non-hospital settings; and

WHEREAS, the requirement that county Directors of Community Services and their designees receive, investigate, and file reports pursuant to the new Mental Hygiene Law 9.46 would create an unfunded mandate and new costs for counties who do not have the infrastructure or funds to implement; and

WHEREAS, this provision of the bill will be effective on March 16, 2013; and

WHEREAS, according to the New York State Association of County Clerks, NY SAFE also creates new requirements regarding pistol permit recertification which has been assigned to the State Police but will involve increased processing requirements for County Clerks offices where local applications are currently processed; and

WHEREAS, according to the New York State Sheriffs Association, NY SAFE will also increase requirements for Sheriffs who process and investigate permit applications; and

WHEREAS, NY SAFE expressly states that no costs of this law shall be borne by local governments, however many county departments will experience increased workload due to the new requirements the law creates.

NOW, THEREFORE BE IT RESOLVED that the New York State Association of Counties strongly encourages members of the New York State Legislature to hold public hearings to address the impact of this new law and the issue of gun violence in a way that will produce meaningful results; and

BE IT FURTHER RESOLVED that NYSAC calls on the Legislature and Governor Andrew M. Cuomo to work with counties to amend Chapter 1 of the laws of 2013 in order to address the reporting process under the new Section 9.46 of Mental Hygiene Law and the permit recertification process under newly amended section 10B the of Penal Law.

BE IT FURTHER RESOLVED that copies of this resolutions shall be sent to Governor Cuomo, members of the State Legislature and all others deemed necessary and proper.