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A07302 Summary:

COSPNSRZinerman, Richardson, Epstein, Meeks, Anderson, Gonzalez-Rojas, Burgos, Jacobson, Griffin, Rosenthal L, Lupardo, Otis
Add §239-c, Ed L; add §97-j, St Fin L
Creates a firearm violence research institute and a firearm violence research fund.
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A07302 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the education law and the state finance law, in relation to creating a firearm violence research institute   PURPOSE OR GENERAL IDEA OF BILL: To establish a center for research into firearm-related violence.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. The education law is amended by adding a new section 239-c Section 2. The state finance law is amended by adding section 97-j   JUSTIFICATION: Little is known about the factors which give rise to firearm violence and its prevention. Firearm violence and its physical and social impacts are a significant public health and safety problem and becoming more so. Nevertheless, funding for research and prevention through the Center for Disease Control and prevention was eliminated by Congress in 1996. Efforts to restore that funding have been unsuccessful because of active well-financed special interest groups. Unlike other major health and social concerns such as motor vehicle accidents, cancer, heart disease, and tobacco which have received expanded research, too little research has been done on firearm violence. Establishing a center for firearm violence research in New York State will help ensure a long-term effort towards understanding and preventing future firearm related violence against New Yorkers.   PRIOR LEGISLATIVE HISTORY: 2019-2020: S2522 referred to Higher Education   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the action, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed by the commissioner of education on or before such effective date.
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A07302 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                       May 5, 2021
        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Higher Education
        AN ACT to amend the education law and the state finance law, in relation
          to creating a firearm violence research institute
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The education law is amended by adding a new section 239-c
     2  to read as follows:
     3    § 239-c. New  York  state  firearm  violence  research  institute.  1.
     4  Institute formation and goals. Subject to amounts available by appropri-
     5  ation,  the  New York state firearm violence research institute, herein-
     6  after the "institute", is hereby  created  within  the  university.  The
     7  purposes of the institute shall include:
     8    (a) advising the governor, governmental agencies, the regents, and the
     9  legislature on matters relating to firearm violence in New York state;
    10    (b)  fostering, pursuing and sponsoring collaborative firearm violence
    11  research;
    12    (c) increasing understanding by establishing and reporting on what  is
    13  known and what is not known about firearm violence of the state;
    14    (d)  identifying  priority  needs  for  firearm  violence research and
    15  inventory work within New York that currently are not receiving adequate
    16  attention, and identifying public or  private  entities  that  are  best
    17  situated  to  address such needs, thereby leading to better coordination
    18  of firearm violence research efforts in the state;
    19    (e) promoting  awareness  of  existing  and  new  sources  of  firearm
    20  violence  information and firearm violence while educating elected offi-
    21  cials, governmental agencies, and the general public on firearm violence
    22  issues through such means as it may determine;
    23    (f) organizing and sponsoring meetings on firearm violence topics;
    24    (g) encouraging the establishment of networks of collaborating experts
    25  engaged in related aspects of firearm violence research;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7302                             2
     1    (h) raising sensitivity to firearm violence concerns among  state  and
     2  local  government  agencies, and serving as a forum for enhanced intera-
     3  gency information sharing and cooperation;
     4    (i)  recommending  priority activities for funding through the firearm
     5  violence research fund, created pursuant to  section  ninety-seven-j  of
     6  the state finance law;
     7    (j) working on a continuing basis with policymakers in the legislature
     8  and  state  agencies  to  identify,  implement,  and evaluate innovative
     9  firearm violence prevention policies and programs;
    10    (k) recruiting and providing specialized  training  opportunities  for
    11  new  researchers,  including experienced investigators in related fields
    12  who are beginning work on firearm violence, young investigators who have
    13  completed their education, postdoctoral scholars, doctoral students, and
    14  undergraduates; and
    15    (l) providing copies of their research publications to the legislature
    16  and to agencies supplying data used in the conduct of such  research  as
    17  soon as is practicable following publication.
    18    2.  Research.  The  institute shall foster, pursue, and sponsor basic,
    19  translational, and transformative research, field studies, and all other
    20  such activities to research:
    21    (a) the nature of firearm violence, including individual and  societal
    22  determinants  of  risk for involvement in firearm violence, whether as a
    23  victim or a perpetrator;
    24    (b) the individual, community, and societal  consequences  of  firearm
    25  violence;
    26    (c)  the  prevention and treatment of firearm violence at the individ-
    27  ual, community, and societal levels; and
    28    (d) the effectiveness of existing laws and policies intended to reduce
    29  firearm violence, and efforts to promote the responsible  ownership  and
    30  use of firearms.
    31    3.  Education  and  information transfer programs. The institute shall
    32  foster the collection, transfer, and  application  of  firearm  violence
    33  information in the state by:
    34    (a)  fostering  access,  compatibility,  interchange, and synthesis of
    35  data about firearm violence maintained by public entities, academic  and
    36  research institutions, and private organizations;
    37    (b) employing advanced technology to coordinate for ease of use of the
    38  scattered firearm violence resources of the state; and
    39    (c) supporting the preparation and publication of interpretative works
    40  that draw upon firearm violence resources.
    41    4.  Quinquennial  reports.  The  institute  shall prepare and submit a
    42  report within one year of the effective date of this section  and  every
    43  five  years  thereafter  to  the governor and the legislature describing
    44  programs undertaken or sponsored by the institute, the status  of  know-
    45  ledge regarding the state's firearm violence, and research needs related
    46  thereto.
    47    5.  Executive committee. The institute shall be guided by an executive
    48  committee. Members of the committee shall be  from  varying  backgrounds
    49  with members selected from the scientific community, academic community,
    50  as well as from government service.  Such committee shall consist of ten
    51  members including the commissioner, the commissioner of criminal justice
    52  services,  the  commissioner of health, the chancellor of the university
    53  or their designees, two at large members appointed by the governor,  two
    54  members  appointed  by  the  temporary  president of the senate, and two
    55  members appointed by the speaker of the  assembly.    Appointed  members

        A. 7302                             3
     1  shall serve for a term of three years, provided that such members may be
     2  reappointed. The executive committee shall:
     3    (a)  adopt  policies,  procedures, and criteria governing the programs
     4  and operations of the institute;
     5    (b) recommend to the governor and legislature appropriate  actions  to
     6  reduce firearm violence within the state;
     7    (c)  develop  and  implement  the  research, education and information
     8  transfer programs of the institute;
     9    (d) identify and rate proposals for firearm violence research;
    10    (e) submit to the director of the budget, and the chairpersons of  the
    11  senate  finance  committee  and the assembly ways and means committee on
    12  the first day of October, two  thousand  twenty-one  and  on  or  before
    13  August  first each year thereafter, a budget request for the expenditure
    14  of funds available from the firearm  violence  research  fund,  for  the
    15  purposes established by section ninety-seven-j of the state finance law;
    16  and
    17    (f)  meet  publicly  at least twice a year. The committee shall widely
    18  disseminate notice of its meetings at least  two  weeks  prior  to  each
    19  meeting. The commissioners on the executive committee and the chancellor
    20  of the university shall aid in such dissemination.
    21    6.  Scientific  working group. The executive committee shall appoint a
    22  scientific working group composed of not  more  than  eight  individuals
    23  representing  governmental  agencies, academic or research institutions,
    24  educational organizations, the firearm industry and  related  non-profit
    25  organizations.  Members of the scientific working group shall have know-
    26  ledge and expertise in firearm violence research and shall serve  for  a
    27  term  of  three years, provided, however that members may be reappointed
    28  for more than one term at the discretion of the executive committee. The
    29  scientific working group shall make  recommendations  to  the  executive
    30  committee with respect to:
    31    (a)  the identification of priority firearm violence research needs in
    32  the state;
    33    (b) the development and implementation of  the  institute's  research,
    34  education, and information transfer programs;
    35    (c)  the allocation and expenditure of funds from the firearm violence
    36  research fund created pursuant to section ninety-seven-j  of  the  state
    37  finance law; and
    38    (d)  identification  and  rating  of  proposals  for  firearm violence
    39  research.
    40    7. Institute director. The institute shall have a director  who  shall
    41  be  appointed  by the executive committee and shall after appointment be
    42  an employee of the state university. The institute director shall  serve
    43  at the pleasure of the executive committee. The institute director shall
    44  serve  as  chief administrative officer of the institute and provide the
    45  necessary support for the executive committee.
    46    8. Compensation. The members of the executive committee and the scien-
    47  tific working group shall serve  without  additional  compensation,  but
    48  shall  be  eligible to receive reimbursement for their actual and neces-
    49  sary expenses from the firearm violence  research  fund  established  by
    50  section  ninety-seven-j  of  the  state  finance  law, provided however,
    51  members of the  executive  committee  representing  state  agencies  may
    52  receive reimbursement for their actual and necessary expenses from their
    53  respective  agencies.  Members of the executive committee and scientific
    54  working group shall be considered state employees for  the  purposes  of
    55  sections seventeen and nineteen of the public officers law.

        A. 7302                             4
     1    9.  Memorandum  of  understanding.  The  department, the department of
     2  health, the department of motor vehicles, and the division  of  criminal
     3  justice  services shall enter into a written memorandum of understanding
     4  to facilitate the appropriate implementation  of  the  firearm  violence
     5  research  institute and the goals, responsibilities, and programs estab-
     6  lished by this section.
     7    § 2. The state finance law is amended by adding a new section 97-j  to
     8  read as follows:
     9    § 97-j. Firearm violence research fund. 1. There is hereby established
    10  in  the  joint  custody of the state comptroller and the commissioner of
    11  taxation and finance a fund to be known as the firearm violence research
    12  fund.
    13    2. The firearm violence research fund  shall  consist  of  all  moneys
    14  credited or transferred thereto from any other fund or source, including
    15  any  federal,  state, or private funds, pursuant to law for the purposes
    16  of firearm violence research.
    17    3. Moneys in the firearm violence research fund may be invested by the
    18  comptroller pursuant to section ninety-eight-a of this article, and  any
    19  income  received  by  the  comptroller shall be used for the purposes of
    20  such fund.
    21    4. The moneys held in or credited to the fund shall  be  expended  for
    22  the  purposes  set forth in this section, and may not be interchanged or
    23  commingled with any other account or fund but may be commingled with any
    24  other fund or account for investment purposes.
    25    5. Moneys in the firearm violence research fund,  following  appropri-
    26  ation  by  the  legislature,  shall be available to the New York firearm
    27  violence research institute for firearm  violence  research,  education,
    28  and  information  transfer  programs as set forth in section two hundred
    29  thirty-nine-c of the education law.
    30    § 3. This act shall take effect on the ninetieth day  after  it  shall
    31  have  become  a law. Effective immediately, the action, amendment and/or
    32  repeal of any rule or regulation necessary  for  the  implementation  of
    33  this  act  on its effective date are authorized to be made and completed
    34  by the commissioner of education on or before such effective date.
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