Bill Text: NY A09554 | 2015-2016 | General Assembly | Amended


Bill Title: Establishes the New York state 2020 complete count commission and provides for its powers and duties; requires the commission to identify the issues that led to the 2010 United States census undercount in New York state and makes recommendations to ensure an accurate count in the 2020 United States census.

Spectrum: Strong Partisan Bill (Democrat 29-2)

Status: (Engrossed - Dead) 2016-06-08 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [A09554 Detail]

Download: New_York-2015-A09554-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9554--A
                   IN ASSEMBLY
                                     March 16, 2016
                                       ___________
        Introduced  by  M.  of  A.  CRESPO, MOSLEY, GOTTFRIED, MAYER, SEPULVEDA,
          SIMON, RAIA, CAHILL, McDONALD, OTIS, HOOPER, ROSENTHAL, BLAKE, ABINAN-
          TI, DINOWITZ, COLTON, MILLER, LINARES,  ARROYO,  PICHARDO,  LIFTON  --
          Multi-Sponsored  by -- M. of A. BRAUNSTEIN, BRINDISI, BUCHWALD, ENGLE-
          BRIGHT, HYNDMAN, RICHARDSON -- read once and referred to the Committee
          on Governmental Operations  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  establish the New York state 2020 complete count commission
          and providing for its powers and duties; 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. Commission established. (a) A commission to be known as the
     2  New York state 2020 complete count commission, hereafter referred to  as
     3  the  commission,  is hereby established to identify issues that may have
     4  led to past United States census undercounts in New York  state  and  to
     5  make  recommendations  to  ensure  an  accurate count in the 2020 United
     6  States census.
     7    (b) The commission shall consist of sixteen members to be appointed as
     8  follows:
     9    (i) four members, including the chair and co-chair, shall be appointed
    10  by the governor from executive  agencies  and  organizations  that  have
    11  significant interaction with the general public;
    12    (ii)  two  members shall be appointed by the governor from agencies of
    13  the city of New York that have significant interaction with the  general
    14  public;
    15    (iii)  two  members  shall  be  appointed by the governor representing
    16  interests of regions outside of the city of New York;
    17    (iv) three members shall be appointed by the speaker of the assembly;
    18    (vi) one member shall be appointed  by  the  minority  leader  of  the
    19  assembly;
    20    (vii)  three  members shall be appointed by the temporary president of
    21  the senate; and
    22    (vi) one member appointed by the minority leader of the senate.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14704-03-6

        A. 9554--A                          2
     1    (c) The appointments made pursuant to this act shall,  to  the  extent
     2  practicable,  reflect  the diversity of the residents of this state with
     3  regard to race, ethnicity, gender, language, age, and  geographic  resi-
     4  dence  and,  to the extent practicable the appointing authorities shall,
     5  in  considering  potential  appointees  to  the commission, consult with
     6  organizations devoted to  representing  municipalities  and  educational
     7  institutions, and organizations providing services to the elderly, chil-
     8  dren,  minority  communities,  and individuals and communities to combat
     9  poverty.
    10    (d) The members of the commission shall receive  no  compensation  for
    11  their  services as members, but shall be reimbursed for their actual and
    12  necessary expenses incurred in the performance of their duties.
    13    (e) Notwithstanding any inconsistent provision of any general, special
    14  or local law, ordinance, resolution or charter, no  officer,  member  or
    15  employee  of the state or of any public corporation shall forfeit his or
    16  her office or employment by reason of his or her acceptance of  appoint-
    17  ment as a member of the commission, nor shall service as such commission
    18  member be deemed incompatible or in conflict with such office or employ-
    19  ment.
    20    (f) The commission may appoint such staff as may be necessary to carry
    21  out  its  duties.  Such  staff  shall  receive no compensation for their
    22  services but shall be reimbursed for their actual and necessary expenses
    23  incurred by them in the performance of the commission's duties.
    24    § 2. Powers and duties of the commission.  (a)  The  commission  shall
    25  study,  examine  and  review the issues that may have led to past United
    26  States census undercounts in New York state and shall  make  recommenda-
    27  tions to ensure an accurate count in the 2020 United States census.
    28    (b) The commission may meet and hold public hearings and events within
    29  the state.
    30    (c) The commission may establish committees and workgroups in further-
    31  ance  of  the  purposes  set  forth in this act, and may include on such
    32  committees and workgroups individuals who are not members of the commis-
    33  sion.
    34    (d) The commission may request and shall receive from any subdivision,
    35  department, board, commission, office, agency, or other  instrumentality
    36  of  the  state  or of any political subdivision thereof such facilities,
    37  assistance and data reasonably available as it deems necessary or desir-
    38  able for the proper execution of its powers and duties and to effectuate
    39  the purposes set forth in this act.
    40    (e) The commission is authorized  and  empowered  to  enter  into  any
    41  agreements and to do and perform any acts that may be necessary, desira-
    42  ble  or  proper  to  carry  out the purposes and objectives of this act,
    43  including entering into contracts in furtherance of  the  provisions  of
    44  this act.
    45    (f) On or before October 1, 2017, the commission shall transmit to the
    46  governor  and  the  legislature  a  report containing an overview of the
    47  issues that may have led to past United States census undercounts in New
    48  York state and a comprehensive action plan for state and  local  govern-
    49  mental and non-governmental agencies to work together to ensure an accu-
    50  rate  count  in  the  2020  United States census. Such report shall also
    51  include recommendations on state funds for the next two  ensuing  fiscal
    52  years  necessary  to  ensure an accurate count in the 2020 United States
    53  census.
    54    (g) On or before May 1, 2018, the commission  shall  transmit  to  the
    55  governor and the Legislature a report detailing the actions taken by the
    56  commission  since  the initial report, and detail how any appropriations

        A. 9554--A                          3
     1  made for the 2018-2019 fiscal year will be used to meet the  recommenda-
     2  tions  and  action  plan  made  in  the commission's initial report, and
     3  include any recommended changes to its previous recommendations on state
     4  funds  necessary  to  ensure an accurate count in the 2020 United States
     5  census.
     6    (h) On or before January 1, 2020, the commission shall transmit to the
     7  governor and the legislature a final report detailing the actions  taken
     8  by  the  commission since the previous report, and detail how any appro-
     9  priations made have been and will be used to ensure an accurate count in
    10  the 2020 United States census. The report shall also include any  recom-
    11  mended  additional state funds necessary to meet the recommendations and
    12  action plan made in the commission's initial report.
    13    (i) The performance of the commission's duties,  purposes  and  objec-
    14  tives  shall  be executed within amounts made available by appropriation
    15  therefor.
    16    (j) The commission shall continue  in  existence  until  December  31,
    17  2020.
    18    §  3. This act shall take effect April 1, 2017 and shall expire and be
    19  deemed repealed December 31, 2020.
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