Bill Text: NY A11234 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes a temporary commission on AMBER Alert effectiveness to study and make recommendations on any improvements that may be taken toward the activation and dissemination of the alert; makes an appropriation therefor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-15 - referred to governmental operations [A11234 Detail]

Download: New_York-2017-A11234-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          11234
                   IN ASSEMBLY
                                      June 15, 2018
                                       ___________
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Stern) --
          read once and referred to the Committee on Governmental Operations
        AN ACT establishing a temporary  state  commission  to  study  and  make
          recommendations  on  the  effectiveness  of the AMBER Alert; making an
          appropriation  therefor;  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. A temporary state commission, to be known as the commission
     2  on AMBER Alert effectiveness, hereafter referred to as  the  commission,
     3  is  hereby  created  to evaluate and make recommendations concerning the
     4  effectiveness of the AMBER Alert system.
     5    § 2. (a) The commission shall  consist  of  thirteen  members,  to  be
     6  appointed  as  follows:  three  members to be appointed by the temporary
     7  president of the senate; three members to be appointed by the speaker of
     8  the assembly; two members to be appointed by the governor; one member to
     9  be appointed by the minority leader of the  senate;  one  member  to  be
    10  appointed  by  the minority leader of the assembly; two members shall be
    11  from the New York State Police and one member shall be from the  Depart-
    12  ment  of  Criminal  Justice  Services.  The appointees shall have demon-
    13  strated expertise in the AMBER Alert system and shall include but not be
    14  limited to members  from  district  attorney's  offices  and  local  law
    15  enforcement.    The  governor  shall designate the chairperson and vice-
    16  chairperson of the commission.   Vacancies  in  the  membership  of  the
    17  commission and among its officers shall be filled in the manner provided
    18  for original appointments or designations.
    19    (b)  The  members  of the commission shall receive no compensation for
    20  their services, but shall be allowed their actual and necessary expenses
    21  incurred in the performance of their duties under this act. The  commis-
    22  sion  may  employ  and  at pleasure remove such personnel as it may deem
    23  necessary for the performance of its functions  and  fix  their  compen-
    24  sation within the amounts made available by appropriation therefor.
    25    (c)  All  departments or agencies of the state or subdivisions thereof
    26  shall, at the request of the chairperson, provide  the  commission  such
    27  facilities,  assistance, and data as will enable the commission to carry
    28  out its powers and duties.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16248-01-8
        A. 11234                            2
     1    § 3. Specifically the commission shall evaluate at least  the  follow-
     2  ing:
     3    (a) the current activation criteria of the AMBER Alert;
     4    (b) the notification procedures once the AMBER Alert is activated;
     5    (c)  the partners used to disseminate information and interstate coop-
     6  eration;
     7    (d) methods of disseminating information to the public  including  the
     8  technology and any current limitations of the system; and
     9    (e) the effectiveness of the AMBER Alert system.
    10    §  4.  (a)  For the accomplishment of its purposes, the commission may
    11  meet and hold public and/or  private  hearings  within  or  without  the
    12  state, and shall have all the powers of a legislative committee pursuant
    13  to  the  legislative  law. The commission is authorized and empowered to
    14  undertake any studies, inquiries, surveys or analyses it may deem  rele-
    15  vant  through  its  own personnel or in cooperation with or by agreement
    16  with any other public or private agency.
    17    (b) To the maximum extent feasible, the  commission  may  request  and
    18  shall be entitled to receive and shall utilize and be provided with such
    19  facilities,  resources and data from any court in the state and from any
    20  subdivision, department, board, bureau, commission,  office,  agency  or
    21  other instrumentality of the state or of any political subdivision ther-
    22  eof  as  it deems necessary or desirable for the proper execution of its
    23  powers and duties and to effectuate the purposes set forth in this act.
    24    (c) The commission is hereby authorized and empowered  to  enter  into
    25  any  agreements  and  to  do and perform any acts that may be necessary,
    26  desirable or proper to carry out the purposes  and  objectives  of  this
    27  act.
    28    §  5. The commission shall make recommendations and submit a report of
    29  its findings. The  commission  shall  submit  such  recommendations  and
    30  report  developed by it relating to the effectiveness of the AMBER Alert
    31  system and any improvements that may be taken towards the activation and
    32  dissemination of the alert, including any recommendations  for  legisla-
    33  tive  action  as it may deem necessary and appropriate, to the governor,
    34  the temporary president of the senate and the speaker of the assembly no
    35  later than the three months after this act shall have become a law.  The
    36  commission shall issue a binding recommendation which shall be presented
    37  to the legislature to completely accept or reject such recommendation.
    38    §  6.  The sum of fifty thousand dollars ($50,000), or so much thereof
    39  as may  be  necessary,  is  hereby  appropriated  to  pay  the  expenses
    40  incurred,  including personal service, in carrying out the provisions of
    41  this act. Such moneys shall be payable out of the state treasury in  the
    42  general  fund to the credit of the state purposes account after audit by
    43  and on the  warrant  of  the  comptroller  upon  vouchers  certified  or
    44  approved  by  the  chairperson  or vice-chairperson of the commission as
    45  prescribed by law.
    46    § 7. This  act  shall  take  effect  immediately;  provided  that  the
    47  provisions  of this act shall expire and be deemed repealed on the first
    48  day next succeeding the date of the submission of the report as required
    49  in section five of this act; and provided  further,  however,  that  the
    50  chairperson  of  the  temporary  commission on AMBER Alert effectiveness
    51  shall  notify  the  legislative  bill  drafting  commission   upon   the
    52  submission  of its report as provided for in section five of this act in
    53  order that the commission may maintain an accurate and timely  effective
    54  data  base  of the official text of the laws of the state of New York in
    55  furtherance of effecting the provisions of section 44 of the legislative
    56  law and section 70-b of the public officers law.