Bill Text: NY A04833 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the executive law, in relation to directing the division of criminal justice services to develop and provide for the operation of a uniform statewide higher education emergency notification system
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A04833 Detail]
Download: New_York-2009-A04833-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4833
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to directing the division
of criminal justice services to develop and provide for the operation
of a uniform statewide higher education emergency notification system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 837-s
2 to read as follows:
3 S 837-S. UNIFORM STATEWIDE HIGHER EDUCATION EMERGENCY NOTIFICATION
4 SYSTEM. 1. FOR THE PURPOSES OF THIS SECTION:
5 (A) "HIGHER EDUCATION" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO
6 SUCH TERM BY SUBDIVISION EIGHT OF SECTION TWO OF THE EDUCATION LAW.
7 (B) "WIRELESS COMMUNICATIONS DEVICE" SHALL HAVE THE SAME MEANING AS IS
8 ASCRIBED TO SUCH TERM BY SUBDIVISION NINE OF SECTION THREE HUNDRED ONE
9 OF THE COUNTY LAW.
10 (C) "WIRELESS COMMUNICATIONS SERVICE SUPPLIER" SHALL HAVE THE SAME
11 MEANING AS IS ASCRIBED TO SUCH TERM BY SUBDIVISION TWELVE OF SECTION
12 THREE HUNDRED ONE OF THE COUNTY LAW.
13 2. THE DIVISION, IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION,
14 PUBLIC SERVICE COMMISSION AND THE OFFICE FOR TECHNOLOGY, SHALL DEVELOP
15 AND PROVIDE FOR THE OPERATION OF A UNIFORM STATEWIDE HIGHER EDUCATION
16 EMERGENCY NOTIFICATION SYSTEM. EACH INSTITUTION OF HIGHER EDUCATION
17 SHALL HAVE THE SOLE DISCRETION AND RESPONSIBILITY OF DETERMINING WHEN AN
18 ALERT WILL BE ISSUED. THE PURPOSE OF SUCH SYSTEM SHALL BE TO:
19 (A) PROVIDE FOR A UNIFORM ELECTRONIC DATABASE, TO BE MAINTAINED BY
20 EACH INSTITUTION OF HIGHER EDUCATION, OF THE ELECTRONIC ADDRESS AND
21 WIRELESS COMMUNICATIONS DEVICE NUMBER OF EACH FACULTY MEMBER AND STUDENT
22 OF SUCH INSTITUTION;
23 (B) REQUIRE THE SERVICE PROVIDER, WHICH HAS ENTERED INTO A CONTRACT
24 WITH THE DIVISION, TO PROVIDE A FACILITY THROUGH WHICH EACH INSTITUTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08496-01-9
A. 4833 2
1 OF HIGHER EDUCATION CAN MAINTAIN THE ACCURACY OF ITS ELECTRONIC DATABASE
2 SO MESSAGES CAN BE SENT IMMEDIATELY AFTER AN EMERGENCY IS DECLARED. THE
3 SERVICE PROVIDER SHALL BE RESPONSIBLE FOR THE SECURITY AND RELIABILITY
4 OF THE UNIFORM STATEWIDE HIGHER EDUCATION EMERGENCY NOTIFICATION SYSTEM
5 AND SHALL ENSURE THE UNIFORMITY AND COMPLIANCE THEREOF AS DETERMINED BY
6 THE DIVISION;
7 (C) IN THE CASE OF AN EMERGENCY AT AN INSTITUTION OF HIGHER EDUCATION,
8 SUCH INSTITUTION WILL SUBMIT ITS ALERT THROUGH THE EMERGENCY NOTIFICA-
9 TION SYSTEM PROVIDED BY THE SERVICE PROVIDER, WHICH HAS ENTERED INTO A
10 CONTRACT WITH THE DIVISION; AND
11 (D) TRANSMIT AN APPROPRIATE EMERGENCY ELECTRONIC MESSAGE TO EACH ELEC-
12 TRONIC ADDRESS AND WIRELESS COMMUNICATIONS DEVICE NUMBER FROM THE DATA-
13 BASE, AND SHALL TRANSMIT AN APPROPRIATE EMERGENCY VOICE MESSAGE TO EACH
14 WIRELESS COMMUNICATIONS DEVICE NUMBER.
15 3. THE COMMISSIONER SHALL ESTABLISH SUCH STANDARDS AND REQUIREMENTS,
16 AS HE OR SHE SHALL DETERMINE TO BE APPROPRIATE AND NECESSARY, FOR
17 SERVICE PROVIDERS WHICH WILL BE ELIGIBLE TO BID ON AND PERFORM THE
18 REQUIREMENTS OF THE CONTRACT FOR THE EMERGENCY NOTIFICATION OF THE
19 STUDENTS AND FACULTIES OF INSTITUTIONS OF HIGHER EDUCATION. SUCH STAND-
20 ARDS AND REQUIREMENTS SHALL BE INCLUDED IN THE REQUEST FOR PROPOSALS FOR
21 SUCH CONTRACT. THE SERVICE PROVIDER AWARDED SUCH CONTRACT SHALL PROVIDE
22 FOR THE INSTALLATION AND OPERATION OF THE EMERGENCY NOTIFICATION SYSTEM
23 SUBJECT TO THE RULES AND REGULATIONS OF THE DIVISION.
24 4. THE DIVISION SHALL ESTABLISH AND ENFORCE RULES AND REGULATIONS
25 REQUIRING EVERY INSTITUTION OF HIGHER EDUCATION TO MAINTAIN AND UPDATE
26 ITS ELECTRONIC DATABASE IN A TIMELY MANNER. FURTHERMORE, THE DIVISION
27 SHALL PROMULGATE RULES AND REGULATIONS PROVIDING FOR THE PERIODIC TEST-
28 ING OF THE EMERGENCY NOTIFICATION SYSTEM ESTABLISHED PURSUANT TO THIS
29 SECTION TO ENSURE THAT IT REMAINS IN CONSTANT READINESS AND EFFECTIVE-
30 NESS.
31 5. NO WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL IMPOSE ANY FEE OR
32 CHARGE UPON THE OWNER OF ANY WIRELESS COMMUNICATIONS DEVICE WHICH IN ANY
33 MANNER RELATES TO THE RECEIPT OF AN EMERGENCY NOTIFICATION PURSUANT TO
34 THIS SECTION.
35 6. THE DIVISION SHALL CONSULT WITH AND PROVIDE ASSISTANCE TO INSTI-
36 TUTIONS OF HIGHER EDUCATION FOR THE PURPOSE OF INTEGRATING THE DISSEM-
37 INATION OF EMERGENCY NOTIFICATIONS BY MEANS OF THE OTHER PUBLIC INFORMA-
38 TION SYSTEMS AVAILABLE AT THE CAMPUS OF EACH SUCH INSTITUTION.
39 S 2. This act shall take effect immediately, provided that the uniform
40 statewide higher education emergency notification system shall be fully
41 operational within one hundred eighty days of the effective date of this
42 act.
