NY State Senate Bill 2017-S9004

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2018	referred to governmental operations
Jun 20, 2018	delivered to assembly passed senate ordered to third reading cal.2142
Jun 12, 2018	referred to rules

Votes

- Jun 20, 2018 - Floor Vote
  S9004
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (60)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 20, 2018 - Rules Committee Vote
  S9004
  
  21
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Griffo
      
      Little
      
      Robach
      
      excused (1)
      
      Rivera

co-Sponsors

View additional co-sponsors

2017-S9004 (ACTIVE) - Details

See Assembly Version of this Bill:: A11234
Current Committee:: Assembly Governmental Operations
Law Section:: Appropriations
Versions Introduced in Other Legislative Sessions:: 2019-2020: S709
2021-2022: S6131

2017-S9004 (ACTIVE) - Summary

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.

2017-S9004 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9004

SPONSOR: BOYLE
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will create a temporary commission to study the effec-
tiveness of the AMBER Alert system. The commission will have three
months to evaluate the current activation criteria of the AMBER Alert,
its notification procedures once activated, and the partners and methods
used to disseminate information. Once the study is completed, the
commission must provide a report and a recommendation for the legisla-
ture and governor to completely accept or reject.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Section 1 of the bill officially establishes the commission,

contains the subject to be examined, and requires that the commission
submit a recommendation to the legislature

Section 2: Determines the appointment of the thirteen members of the
commission and provides that no member shall receive any additional
compensation except their actual and necessary expenses. This section
requires that all agencies of the state shall assist the commission with
such facilities, assistance, and data as will allow the commission to
carry out its functions.

Section 3: This section clarifies the specific topic areas that the
commission must evaluate in its report. These areas include the current
activation criteria of the AMBER Alert, its notification procedures once
activated, and the partners and methods used to disseminate information.

Section 4: Allows the commission to hold public or private hearings
within or without the state and have all the powers of a legislative
committee. The commission is entitled to receive and use facilities,
resources, and data from any court in the state, department, or poli-
tical subdivision thereof.

Section 5: This section requires the commission to make recommendations
and submit a report of its findings no later than three months after
this act shall have become law. The legislature must fully accept or
reject its recommendations

Section 6: A sum of $50,000 to pay the expenses incurred by the members
of the commission.

Section 7: Effective date; calls for the expiration of this act on the
first day after the submission of the report.

 
JUSTIFICATION:

Currently, AMBER Alert Formal Activation Criteria allows police depart-
ments to choose not to activate an alert if the information provided is
too vague or too much time has passed since a child's abduction. The
AMBER Alert system is often trusted to serve as a vital resource in
saving the life of a child that has gone missing, yet this informal
approach to evaluating activation criteria could lead to the child going
missing permanently or worse, their death.

The unfortunate and untimely death of two-year-old Jovani Ligurgo has
highlighted the vague requirements for issuing the AMBER Alert that
could have potentially saved his life. Jovani's father, John Ligurgo
III, abducted him after setting his home ablaze. His mother reported to
the police that his father may have been in possession of a gun.  The
New York State Police are the sole authority authorized to issue an
Amber Alert, and despite having all of this information, decided that
not all criteria was met and an alert was not issued.

Familial abductions account for the highest number of child abductions
per year, doubling the amount of stranger abductions, at over 200,000
per year. It is critical that the effectiveness of the AMBER Alert
system, and its activation criteria, be evaluated to avoid another trag-
edy like this.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

$50,000

 
EFFECTIVE DATE:
Immediately.

2017-S9004 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9004
 
                             I N  S E N A T E
 
                               June 12, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. A temporary state commission, to be known as the commission
 on AMBER Alert effectiveness, hereafter referred to as  the  commission,
 is  hereby  created  to evaluate and make recommendations concerning the
 effectiveness of the AMBER Alert system.
   § 2. (a) The commission shall  consist  of  thirteen  members,  to  be
 appointed  as  follows:  three  members to be appointed by the temporary
 president of the senate; three members to be appointed by the speaker of
 the assembly; two members to be appointed by the governor; one member to
 be appointed by the minority leader of the  senate;  one  member  to  be
 appointed  by  the minority leader of the assembly; two members shall be
 from the New York State Police and one member shall be from the  Depart-
 ment  of  Criminal  Justice  Services.  The appointees shall have demon-
 strated expertise in the AMBER Alert system and shall include but not be
 limited to members  from  district  attorney's  offices  and  local  law
 enforcement.    The  governor  shall designate the chairperson and vice-
 chairperson of the commission.   Vacancies  in  the  membership  of  the
 commission and among its officers shall be filled in the manner provided
 for original appointments or designations.
   (b)  The  members  of the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties under this act. The  commis-
 sion  may  employ  and  at pleasure remove such personnel as it may deem
 necessary for the performance of its functions  and  fix  their  compen-
 sation within the amounts made available by appropriation therefor.
   (c)  All  departments or agencies of the state or subdivisions thereof
 shall, at the request of the chairperson, provide  the  commission  such
 facilities,  assistance, and data as will enable the commission to carry
 out its powers and duties.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16248-01-8

 S. 9004                             2
 
   § 3. Specifically the commission shall evaluate at least  the  follow-
 ing:
   (a) the current activation criteria of the AMBER Alert;
   (b) the notification procedures once the AMBER Alert is activated;
   (c)  the partners used to disseminate information and interstate coop-
 eration;
   (d) methods of disseminating information to the public  including  the
 technology and any current limitations of the system; and
   (e) the effectiveness of the AMBER Alert system.
   §  4.  (a)  For the accomplishment of its purposes, the commission may
 meet and hold public and/or  private  hearings  within  or  without  the
 state, and shall have all the powers of a legislative committee pursuant
 to  the  legislative  law. The commission is authorized and empowered to
 undertake any studies, inquiries, surveys or analyses it may deem  rele-
 vant  through  its  own personnel or in cooperation with or by agreement
 with any other public or private agency.
   (b) To the maximum extent feasible, the  commission  may  request  and
 shall be entitled to receive and shall utilize and be provided with such
 facilities,  resources and data from any court in the state and from any
 subdivision, department, board, bureau, commission,  office,  agency  or
 other instrumentality of the state or of any political subdivision ther-
 eof  as  it deems necessary or desirable for the proper execution of its
 powers and duties and to effectuate the purposes set forth in this act.
   (c) The commission is hereby authorized and empowered  to  enter  into
 any  agreements  and  to  do and perform any acts that may be necessary,
 desirable or proper to carry out the purposes  and  objectives  of  this
 act.
   §  5. The commission shall make recommendations and submit a report of
 its findings. The  commission  shall  submit  such  recommendations  and
 report  developed by it relating to the effectiveness of the AMBER Alert
 system and any improvements that may be taken towards the activation and
 dissemination of the alert, including any recommendations  for  legisla-
 tive  action  as it may deem necessary and appropriate, to the governor,
 the temporary president of the senate and the speaker of the assembly no
 later than the three months after this act shall have become a law.  The
 commission shall issue a binding recommendation which shall be presented
 to the legislature to completely accept or reject such recommendation.
   §  6.  The sum of fifty thousand dollars ($50,000), or so much thereof
 as may  be  necessary,  is  hereby  appropriated  to  pay  the  expenses
 incurred,  including personal service, in carrying out the provisions of
 this act. Such moneys shall be payable out of the state treasury in  the
 general  fund to the credit of the state purposes account after audit by
 and on the  warrant  of  the  comptroller  upon  vouchers  certified  or
 approved  by  the  chairperson  or vice-chairperson of the commission as
 prescribed by law.
   § 7. This  act  shall  take  effect  immediately;  provided  that  the
 provisions  of this act shall expire and be deemed repealed on the first
 day next succeeding the date of the submission of the report as required
 in section five of this act; and provided  further,  however,  that  the
 chairperson  of  the  temporary  commission on AMBER Alert effectiveness
 shall  notify  the  legislative  bill  drafting  commission   upon   the
 submission  of its report as provided for in section five of this act in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effecting the provisions of section 44 of the legislative
 law and section 70-b of the public officers law.

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Senate Bill S9004

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 20, 2018 - Floor Vote

Floor Vote: Jun 20, 2018

Jun 20, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 20, 2018

co-Sponsors

2017-S9004 (ACTIVE) - Details

2017-S9004 (ACTIVE) - Summary

2017-S9004 (ACTIVE) - Sponsor Memo

2017-S9004 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9004

Share this bill

Sponsored By

Phil Boyle

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Joseph P. Addabbo Jr.

John E. Brooks

Patrick M. Gallivan

Patty Ritchie

2017-S9004 (ACTIVE) - Details

2017-S9004 (ACTIVE) - Summary

2017-S9004 (ACTIVE) - Sponsor Memo

2017-S9004 (ACTIVE) - Bill Text download pdf

Comments