Bill Text: NY S05809 | 2017-2018 | 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: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-02-27 - PRINT NUMBER 5809A [S05809 Detail]

Download: New_York-2017-S05809-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5809--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 2, 2017
                                       ___________
        Introduced  by  Sens. KLEIN, STAVISKY -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Corporations,
          Authorities  and Commissions -- recommitted to the Committee on Corpo-
          rations, Authorities and Commissions in accordance with Senate Rule 6,
          sec. 8 -- 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
          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    (v) one member shall be appointed by the minority leader of the assem-
    19  bly;
    20    (vi)  three  members  shall be appointed by the temporary president of
    21  the senate; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09045-04-8

        S. 5809--A                          2
     1    (vii) one member appointed by the minority leader of the senate.
     2    (c)  The  appointments  made pursuant to this act shall, to the extent
     3  practicable, reflect the diversity of the residents of this  state  with
     4  regard  to  race, ethnicity, gender, language, age, and geographic resi-
     5  dence and, to the extent practicable the appointing  authorities  shall,
     6  in  considering  potential  appointees  to  the commission, consult with
     7  organizations devoted to  representing  municipalities  and  educational
     8  institutions, and organizations providing services to the elderly, chil-
     9  dren,  minority  communities,  and individuals and communities to combat
    10  poverty.
    11    (d) The members of the commission shall receive  no  compensation  for
    12  their  services as members, but shall be reimbursed for their actual and
    13  necessary expenses incurred in the performance of their duties.
    14    (e) Notwithstanding any inconsistent provision of any general, special
    15  or local law, ordinance, resolution or charter, no  officer,  member  or
    16  employee  of the state or of any public corporation shall forfeit his or
    17  her office or employment by reason of his or her acceptance of  appoint-
    18  ment as a member of the commission, nor shall service as such commission
    19  member be deemed incompatible or in conflict with such office or employ-
    20  ment.
    21    (f) The commission may appoint such staff as may be necessary to carry
    22  out  its  duties.  Such  staff  shall  receive no compensation for their
    23  services but shall be reimbursed for their actual and necessary expenses
    24  incurred by them in the performance of the commission's duties.
    25    § 2. Powers and duties of the commission.  (a)  The  commission  shall
    26  study,  examine  and  review the issues that may have led to past United
    27  States census undercounts in New York state and shall  make  recommenda-
    28  tions to ensure an accurate count in the 2020 United States census.
    29    (b) The commission may meet and hold public hearings and events within
    30  the state.
    31    (c) The commission may establish committees and workgroups in further-
    32  ance  of  the  purposes  set  forth in this act, and may include on such
    33  committees and workgroups individuals who are not members of the commis-
    34  sion.
    35    (d) The commission may request and shall receive from any subdivision,
    36  department, board, commission, office, agency, or other  instrumentality
    37  of  the  state  or of any political subdivision thereof such facilities,
    38  assistance and data reasonably available as it deems necessary or desir-
    39  able for the proper execution of its powers and duties and to effectuate
    40  the purposes set forth in this act.
    41    (e) The commission is authorized  and  empowered  to  enter  into  any
    42  agreements and to do and perform any acts that may be necessary, desira-
    43  ble  or  proper  to  carry  out the purposes and objectives of this act,
    44  including entering into contracts in furtherance of  the  provisions  of
    45  this act.
    46    (f)  On  or  before January 10, 2019, the commission shall transmit to
    47  the governor and the legislature a report containing an overview of  the
    48  issues that may have led to past United States census undercounts in New
    49  York  state  and a comprehensive action plan for state and local govern-
    50  mental and non-governmental agencies to work together to ensure an accu-
    51  rate count in the 2020 United States  census.  Such  report  shall  also
    52  include  recommendations  on  state  funds for the 2019-2020 fiscal year
    53  necessary to ensure an accurate count in the 2020 United States census.
    54    (g) On or before January 10, 2020, the commission  shall  transmit  to
    55  the governor and the Legislature a report detailing the actions taken by
    56  the  commission  since  the initial report, and detail how any appropri-

        S. 5809--A                          3
     1  ations made for the 2019-2020 fiscal year  will  be  used  to  meet  the
     2  recommendations and action plan made in the commission's initial report,
     3  and  include  any recommended changes to its previous recommendations on
     4  state  funds  necessary  to  ensure an accurate count in the 2020 United
     5  States census.
     6    (h) The commission shall continue  in  existence  until  December  31,
     7  2020.
     8    § 3. This act shall take effect immediately.
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