Section 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.