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.