S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8670
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 11, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Housing
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   deceased police officer, firefighter and  emergency  medical  services
   family  housing assistance program; to amend the state finance law, in
   relation to the deceased  police  officer  family  housing  fund;  and
   making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  section  45-a
 to read as follows:
   §  45-A.  DECEASED  POLICE  OFFICER, FIREFIGHTER AND EMERGENCY MEDICAL
 SERVICES FAMILY HOUSING ASSISTANCE PROGRAM. 1. FOR THE PURPOSES OF  THIS
 SECTION:
   (A) "DECEASED PUBLIC PROTECTION EMPLOYEE" MEANS: (1) A POLICE OFFICER,
 AS  DEFINED  IN  SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
 PROCEDURE LAW WHO DIED AS  THE  NATURAL  AND  PROXIMATE  RESULT  OF  THE
 PERFORMANCE OF HIS OR HER DUTIES AS A POLICE OFFICER;
   (2) A PAID MUNICIPAL FIREFIGHTER WHO DIED AS THE NATURAL AND PROXIMATE
 RESULT OF THE PERFORMANCE OF HIS OR HER DUTIES AS A FIREFIGHTER; OR
   (3) A PAID MEMBER OF A MUNICIPAL EMERGENCY MEDICAL SERVICE WHO DIED AS
 THE NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE OF HIS OR HER DUTIES
 WHILE PROVIDING EMERGENCY MEDICAL SERVICES.
   (B) "DEPARTMENT" MEANS THE DEPARTMENT OF AUDIT AND CONTROL.
   (C)  "FAMILY"  MEANS  THE  SPOUSE  AND/OR  ANY DEPENDENT OF A DECEASED
 PUBLIC PROTECTION EMPLOYEE, WHEN FIFTY-ONE OR MORE PERCENT OF THE INCOME
 FOR THE SUPPORT OF SUCH SPOUSE  AND/OR  DEPENDENT  WAS  ATTRIBUTABLE  TO
 INCOME EARNED BY THE DECEASED PUBLIC PROTECTION EMPLOYEE WHILE HE OR SHE
 WAS ALIVE.
   (D)  "HOUSING  EXPENSE"  MEANS,  THE MONTHLY RENT PAID FOR THE PRIMARY
 RESIDENCE OF THE FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE, OR THE
 MONTHLY PAYMENT UPON A BOND OR NOTE  SECURED  BY  A  MORTGAGE  UPON  THE
 PRIMARY  RESIDENCE OF THE FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOY-
 EE.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13321-05-7

 A. 8670                             2
 
   2. THERE SHALL BE ESTABLISHED, IN THE DEPARTMENT, THE DECEASED  POLICE
 OFFICER,  FIREFIGHTER  AND  EMERGENCY  MEDICAL  SERVICES  FAMILY HOUSING
 ASSISTANCE PROGRAM. THE PURPOSE OF SUCH  PROGRAM  SHALL  BE  TO  PROVIDE
 MONTHLY PAYMENTS TO THE FAMILIES OF DECEASED PUBLIC PROTECTION EMPLOYEES
 FOR THEIR HOUSING EXPENSES. PROVIDED THAT:
   (A)  NO  SUCH  MONTHLY  PAYMENT  TO  ANY  FAMILY  OF A DECEASED PUBLIC
 PROTECTION EMPLOYEE SHALL EXCEED ONE THOUSAND DOLLARS;
   (B)  SUCH  MONTHLY  PAYMENTS  TO  ANY  FAMILY  OF  A  DECEASED  PUBLIC
 PROTECTION  EMPLOYEE  SHALL  NOT BE PAID FOR ANY PERIOD IN EXCESS OF TEN
 YEARS;
   (C) NO SUCH MONTHLY PAYMENT SHALL EXCEED  THE  HOUSING  EXPENSE  OF  A
 FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE; AND
   (D)  THE DEPARTMENT SHALL ANNUALLY REVIEW EACH SUCH FAMILY'S ELIGIBIL-
 ITY FOR MONTHLY PAYMENTS PURSUANT TO THIS SECTION.
   3. A FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE  SEEKING  MONTHLY
 PAYMENTS  FOR ITS HOUSING EXPENSES PURSUANT TO THIS SECTION SHALL SUBMIT
 AN APPLICATION TO THE DEPARTMENT IN SUCH FORM AND HAVING SUCH CONTENT AS
 SHALL BE DETERMINED BY THE COMPTROLLER BY  RULE.  THE  DEPARTMENT  SHALL
 THEREAFTER MAKE A DETERMINATION UPON EACH APPLICATION WITHIN THIRTY DAYS
 OF  THE  RECEIPT  THEREOF. IN THE EVENT OF THE DENIAL OF AN APPLICATION,
 THE DEPARTMENT SHALL PROVIDE THE APPLICANT WITH THE  REASON  OR  REASONS
 FOR SUCH DENIAL IN WRITING.
   4. THE COMPTROLLER SHALL PROMULGATE AND IMPLEMENT SUCH RULES AND REGU-
 LATIONS  AS  HE  OR  SHE  SHALL  DEEM  TO  BE NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SECTION.
   § 2. The state finance law is amended by adding a new  section  85  to
 read as follows:
   §  85.  DECEASED  POLICE  OFFICER,  FIREFIGHTER  AND EMERGENCY MEDICAL
 SERVICES FAMILY HOUSING FUND. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
 CUSTODY  OF  THE  STATE  COMPTROLLER  A  SPECIAL FUND TO BE KNOWN AS THE
 "DECEASED POLICE OFFICER, FIREFIGHTER  AND  EMERGENCY  MEDICAL  SERVICES
 FAMILY HOUSING FUND".
   2.  SUCH  FUND  SHALL  CONSIST OF ALL MONEYS APPROPRIATED, CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO  LAW,  AND
 ANY MONEYS CONTRIBUTED OR DONATED THERETO.
   3.  THE  MONEYS OF THE FUND, FOLLOWING APPROPRIATION THEREOF, SHALL BE
 EXPENDED FOR THE PURPOSES OF THE DECEASED  POLICE  OFFICER,  FIREFIGHTER
 AND  EMERGENCY MEDICAL SERVICES FAMILY HOUSING ASSISTANCE PROGRAM ESTAB-
 LISHED PURSUANT TO SECTION FORTY-FIVE-A OF THE EXECUTIVE LAW. MONEYS  OF
 THE  FUND  SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE STATE COMP-
 TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY HIM OR HER.
   § 3. The sum of ten million dollars ($10,000,000), or so much  thereof
 as may be necessary, is hereby appropriated to the deceased police offi-
 cer,  firefighter  and  emergency  medical services family housing fund,
 established pursuant to section 85 of the state finance law, out of  any
 moneys  in  the  state treasury in the general fund to the credit of the
 state purposes account, not otherwise appropriated, and made immediately
 available, for purpose of carrying out the purposes of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.