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S07716 Summary:

S07716 Actions:

S07716 Committee Votes:

S07716 Floor Votes:

S07716 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7716
 
                    IN SENATE
 
                                     January 7, 2022
                                       ___________
 
        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the education law and the state finance law, in relation
          to the New York state firearm  violence  research  institute,  and  to
          amend a chapter of the laws of 2021 amending the education law and the
          state  finance  law  relating  to creating a firearm violence research
          institute, as proposed in legislative bills numbers  S.  2981  and  A.
          7302, in relation to the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 239-c of the education law, as added by  a  chapter
     2  of the laws of 2021 amending the education law and the state finance law
     3  relating  to creating a firearm violence research institute, as proposed
     4  in legislative bills numbers S. 2981 and A. 7302, is renumbered  section
     5  355-e  and  subdivisions  1,  2,  3,  5,  6 and 9 are amended to read as
     6  follows:
     7    1. Institute formation and goals.  Subject  to  amounts  available  by
     8  appropriation,  the  New York state firearm violence research institute,
     9  hereinafter the "institute", is hereby created within the state  univer-
    10  sity of New York.  The purposes of the institute shall include:
    11    (a)  advising  the governor, governmental agencies, [the regents,] and
    12  the legislature on matters relating to  firearm  violence  in  New  York
    13  state;
    14    (b)  fostering, pursuing and sponsoring collaborative firearm violence
    15  research;
    16    (c) increasing understanding by establishing and reporting on what  is
    17  known and what is not known about firearm violence of the state;
    18    (d)  identifying  priority  needs  for  firearm  violence research and
    19  inventory work within New York that currently are not receiving adequate
    20  attention, and identifying public or  private  entities  that  are  best
    21  situated  to  address such needs, thereby leading to better coordination
    22  of firearm violence research efforts in the state;
    23    (e) promoting  awareness  of  existing  and  new  sources  of  firearm
    24  violence  information and firearm violence while educating elected offi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02817-02-2
        S. 7716                             2
 
     1  cials, governmental agencies, and the general public on firearm violence
     2  issues through such means as it may determine;
     3    (f) organizing and sponsoring meetings on firearm violence topics;
     4    (g) encouraging the establishment of networks of collaborating experts
     5  engaged in related aspects of firearm violence research;
     6    (h)  raising  sensitivity to firearm violence concerns among state and
     7  local government agencies, and serving as a forum for  enhanced  intera-
     8  gency information sharing and cooperation;
     9    (i)  recommending  priority activities for funding through the firearm
    10  violence research fund, created pursuant to  section  ninety-seven-j  of
    11  the state finance law;
    12    (j) working on a continuing basis with policymakers in the legislature
    13  and  state  agencies  to  identify,  implement,  and evaluate innovative
    14  firearm violence prevention policies and programs;
    15    (k) recruiting and providing specialized  training  opportunities  for
    16  new  researchers,  including experienced investigators in related fields
    17  who are beginning work on firearm violence, young investigators who have
    18  completed their education, postdoctoral scholars, doctoral students, and
    19  undergraduates; and
    20    (l) providing copies of their research publications to the legislature
    21  and to agencies supplying data used in the conduct of such  research  as
    22  soon as is practicable following publication.
    23    2.  Research.  The  institute shall foster, pursue, and sponsor basic,
    24  translational, and transformative research, field studies, and all other
    25  such activities to research:
    26    (a) the nature of firearm violence, including individual and  societal
    27  determinants  of  risk for involvement in firearm violence, whether as a
    28  victim or a perpetrator;
    29    (b) the individual, community, and societal  consequences  of  firearm
    30  violence;
    31    (c)  the  prevention and treatment of firearm violence at the individ-
    32  ual, community, and societal levels; [and]
    33    (d) the effectiveness of existing laws and policies intended to reduce
    34  firearm violence, and efforts to promote the responsible  ownership  and
    35  use of firearms; and
    36    (e)  other  research as deemed by the institute to be aligned with its
    37  core mission.
    38    3. Education and information transfer programs. [The]  To  the  extent
    39  possible,  the  institute  shall  foster  the  collection, transfer, and
    40  application of firearm violence information in the state by:
    41    (a) fostering access, compatibility,  interchange,  and  synthesis  of
    42  data  about firearm violence maintained by public entities, academic and
    43  research institutions, and private organizations;
    44    (b) employing advanced technology to coordinate for ease of use of the
    45  scattered firearm violence resources of the state; and
    46    (c) supporting the preparation and publication of interpretative works
    47  that draw upon firearm violence resources.
    48    5. Executive committee. The institute shall be guided by an  executive
    49  committee.  Members  of  the committee shall be from varying backgrounds
    50  with members selected from the scientific community, academic community,
    51  as well as from government service.  Such committee shall consist of ten
    52  members including the commissioner of  education,  the  commissioner  of
    53  criminal justice services, the commissioner of health, the chancellor of
    54  the  state  university  of  New  York  or  their designees, two at large
    55  members appointed by the governor, two members appointed by  the  tempo-
    56  rary  president  of the senate, and two members appointed by the speaker
        S. 7716                             3
 
     1  of the assembly.   Appointed members shall serve for  a  term  of  three
     2  years,  provided  that  such  members  may be reappointed. The executive
     3  committee shall:
     4    (a)  adopt  policies,  procedures, and criteria governing the programs
     5  and operations of the institute;
     6    (b) recommend to the governor and legislature appropriate  actions  to
     7  reduce firearm violence within the state;
     8    (c)  develop  and  implement  the  research, education and information
     9  transfer programs of the institute;
    10    (d) identify and rate proposals for firearm violence research;
    11    (e) submit to the director of the budget, and the chairpersons of  the
    12  senate  finance  committee  and the assembly ways and means committee on
    13  the first day of October, two  thousand  twenty-one  and  on  or  before
    14  August  first each year thereafter, a budget request for the expenditure
    15  of funds available from the firearm  violence  research  fund,  for  the
    16  purposes established by section ninety-seven-j of the state finance law;
    17  and
    18    (f)  meet  publicly  at least twice a year. The committee shall widely
    19  disseminate notice of its meetings at least  two  weeks  prior  to  each
    20  meeting. The commissioners on the executive committee and the chancellor
    21  of the state university of New York shall aid in such dissemination.
    22    6. Scientific working group. The [executive committee] institute shall
    23  appoint  a  scientific  working group [composed] consisting of [not more
    24  than eight] individuals [representing governmental agencies, academic or
    25  research institutions, educational organizations, the  firearm  industry
    26  and  related non-profit organizations. Members of the scientific working
    27  group shall have] having knowledge and  expertise  in  firearm  violence
    28  research  [and  shall serve for a term of three years, provided, however
    29  that members may be reappointed for more than one term at the discretion
    30  of the executive committee. The scientific working  group]  which  shall
    31  advise and make recommendations to the [executive committee with respect
    32  to:
    33    (a)  the identification of priority firearm violence research needs in
    34  the state;
    35    (b) the development and implementation of  the  institute's  research,
    36  education, and information transfer programs;
    37    (c)  the allocation and expenditure of funds from the firearm violence
    38  research fund created pursuant to section ninety-seven-j  of  the  state
    39  finance law; and
    40    (d)  identification  and  rating  of  proposals  for  firearm violence
    41  research] institute regarding its research and information programs.
    42    9. Memorandum of understanding. The [department] state  university  of
    43  New  York,  the  department of health, the department of motor vehicles,
    44  and the division of criminal justice services shall enter into a written
    45  memorandum of understanding to facilitate the appropriate implementation
    46  of the firearm violence research institute and the  goals,  responsibil-
    47  ities, and programs established by this section.
    48    §  2. Subdivision 5 of section 97-j of the state finance law, as added
    49  by a chapter of the laws of 2021 amending  the  education  law  and  the
    50  state  finance  law  relating  to  creating  a firearm violence research
    51  institute, as proposed in legislative bills numbers S. 2981 and A. 7302,
    52  is amended to read as follows:
    53    5. Moneys in the firearm violence research fund,  following  appropri-
    54  ation  by  the  legislature,  shall be available to the New York firearm
    55  violence research institute for [firearm violence  research,  education,
    56  and  information  transfer  programs]  its  activities  as  set forth in
        S. 7716                             4
 
     1  section [two] three hundred [thirty-nine-c] fifty-five-e of  the  educa-
     2  tion law.
     3    § 3. Section 3 of a chapter of the laws of 2021 amending the education
     4  law  and  the  state finance law relating to creating a firearm violence
     5  research institute, as proposed in legislative bills numbers S. 2981 and
     6  A. 7302, is amended to read as follows:
     7    § 3. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become  a law. Effective immediately, the action, amendment and/or
     9  repeal of any rule or regulation necessary  for  the  implementation  of
    10  this  act  on its effective date are authorized to be made and completed
    11  by the [commissioner of education] state university of New  York  on  or
    12  before such effective date.
    13    §  4.  This  act  shall take effect immediately, provided however that
    14  sections one and two of this act shall take effect on the same date  and
    15  in  the same manner as a chapter of the laws of 2021 amending the educa-
    16  tion law and the state  finance  law  relating  to  creating  a  firearm
    17  violence research institute, as proposed in legislative bills numbers S.
    18  2981 and A. 7302, takes effect.