Bill Text: NY S00709 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a temporary commission on AMBER Alert effectiveness to study and make recommendations on any improvements that may be taken toward the activation and dissemination of the alert; makes an appropriation therefor.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S00709 Detail]

Download: New_York-2019-S00709-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           709
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by Sens. BOYLE, ADDABBO, BROOKS, GALLIVAN, RITCHIE, SEPULVEDA
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Finance
        AN  ACT  establishing  a  temporary  state  commission to study and make
          recommendations on the effectiveness of the  AMBER  Alert;  making  an
          appropriation   therefor;   and  providing  for  the  repeal  of  such
          provisions upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. A temporary state commission, to be known as the commission
     2  on  AMBER  Alert effectiveness, hereafter referred to as the commission,
     3  is hereby created to evaluate and make  recommendations  concerning  the
     4  effectiveness of the AMBER Alert system.
     5    §  2.  (a)  The  commission  shall  consist of thirteen members, to be
     6  appointed as follows: three members to be  appointed  by  the  temporary
     7  president of the senate; three members to be appointed by the speaker of
     8  the assembly; two members to be appointed by the governor; one member to
     9  be  appointed  by  the  minority  leader of the senate; one member to be
    10  appointed by the minority leader of the assembly; two members  shall  be
    11  from  the New York State Police and one member shall be from the Depart-
    12  ment of Criminal Justice Services.  The  appointees  shall  have  demon-
    13  strated expertise in the AMBER Alert system and shall include but not be
    14  limited  to  members  from  district  attorney's  offices  and local law
    15  enforcement.  The governor shall designate  the  chairperson  and  vice-
    16  chairperson  of  the  commission.    Vacancies  in the membership of the
    17  commission and among its officers shall be filled in the manner provided
    18  for original appointments or designations.
    19    (b) The members of the commission shall receive  no  compensation  for
    20  their services, but shall be allowed their actual and necessary expenses
    21  incurred  in the performance of their duties under this act. The commis-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04575-01-9

        S. 709                              2
     1  sion may employ and at pleasure remove such personnel  as  it  may  deem
     2  necessary  for  the  performance  of its functions and fix their compen-
     3  sation within the amounts made available by appropriation therefor.
     4    (c)  All  departments or agencies of the state or subdivisions thereof
     5  shall, at the request of the chairperson, provide  the  commission  such
     6  facilities,  assistance, and data as will enable the commission to carry
     7  out its powers and duties.
     8    § 3. Specifically the commission shall evaluate at least  the  follow-
     9  ing:
    10    (a) the current activation criteria of the AMBER Alert;
    11    (b) the notification procedures once the AMBER Alert is activated;
    12    (c)  the partners used to disseminate information and interstate coop-
    13  eration;
    14    (d) methods of disseminating information to the public  including  the
    15  technology and any current limitations of the system; and
    16    (e) the effectiveness of the AMBER Alert system.
    17    §  4.  (a)  For the accomplishment of its purposes, the commission may
    18  meet and hold public and/or  private  hearings  within  or  without  the
    19  state, and shall have all the powers of a legislative committee pursuant
    20  to  the  legislative  law. The commission is authorized and empowered to
    21  undertake any studies, inquiries, surveys or analyses it may deem  rele-
    22  vant  through  its  own personnel or in cooperation with or by agreement
    23  with any other public or private agency.
    24    (b) To the maximum extent feasible, the  commission  may  request  and
    25  shall be entitled to receive and shall utilize and be provided with such
    26  facilities,  resources and data from any court in the state and from any
    27  subdivision, department, board, bureau, commission,  office,  agency  or
    28  other instrumentality of the state or of any political subdivision ther-
    29  eof  as  it deems necessary or desirable for the proper execution of its
    30  powers and duties and to effectuate the purposes set forth in this act.
    31    (c) The commission is hereby authorized and empowered  to  enter  into
    32  any  agreements  and  to  do and perform any acts that may be necessary,
    33  desirable or proper to carry out the purposes  and  objectives  of  this
    34  act.
    35    §  5. The commission shall make recommendations and submit a report of
    36  its findings. The  commission  shall  submit  such  recommendations  and
    37  report  developed by it relating to the effectiveness of the AMBER Alert
    38  system and any improvements that may be taken towards the activation and
    39  dissemination of the alert, including any recommendations  for  legisla-
    40  tive  action  as it may deem necessary and appropriate, to the governor,
    41  the temporary president of the senate and the speaker of the assembly no
    42  later than the three months after this act shall have become a law.  The
    43  commission shall issue a binding recommendation which shall be presented
    44  to the legislature to completely accept or reject such recommendation.
    45    §  6.  The sum of fifty thousand dollars ($50,000), or so much thereof
    46  as may  be  necessary,  is  hereby  appropriated  to  pay  the  expenses
    47  incurred,  including personal service, in carrying out the provisions of
    48  this act. Such moneys shall be payable out of the state treasury in  the
    49  general  fund to the credit of the state purposes account after audit by
    50  and on the  warrant  of  the  comptroller  upon  vouchers  certified  or
    51  approved  by  the  chairperson  or vice-chairperson of the commission as
    52  prescribed by law.
    53    § 7. This  act  shall  take  effect  immediately;  provided  that  the
    54  provisions  of this act shall expire and be deemed repealed on the first
    55  day next succeeding the date of the submission of the report as required
    56  in section five of this act; and provided  further,  however,  that  the

        S. 709                              3
     1  chairperson  of  the  temporary  commission on AMBER Alert effectiveness
     2  shall  notify  the  legislative  bill  drafting  commission   upon   the
     3  submission  of its report as provided for in section five of this act in
     4  order  that the commission may maintain an accurate and timely effective
     5  data base of the official text of the laws of the state of New  York  in
     6  furtherance of effecting the provisions of section 44 of the legislative
     7  law and section 70-b of the public officers law.
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