S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4363
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the education law and the state finance law, in relation
   to creating a firearm  violence  research  institute;  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 education law is amended by adding a new section  239-c
 to read as follows:
   §  239-C.  NEW  YORK  STATE  FIREARM  VIOLENCE  RESEARCH INSTITUTE. 1.
 INSTITUTE FORMATION AND GOALS.  THE  NEW  YORK  STATE  FIREARM  VIOLENCE
 RESEARCH INSTITUTE, HEREINAFTER THE "INSTITUTE", IS HEREBY CREATED WITH-
 IN THE UNIVERSITY. THE PURPOSES OF THE INSTITUTE SHALL INCLUDE:
   (A) ADVISING THE GOVERNOR, GOVERNMENTAL AGENCIES, THE REGENTS, AND THE
 LEGISLATURE ON MATTERS RELATING TO FIREARM VIOLENCE IN NEW YORK STATE;
   (B)  FOSTERING, PURSUING AND SPONSORING COLLABORATIVE FIREARM VIOLENCE
 RESEARCH;
   (C) INCREASING UNDERSTANDING BY ESTABLISHING AND REPORTING ON WHAT  IS
 KNOWN AND WHAT IS NOT KNOWN ABOUT FIREARM VIOLENCE OF THE STATE;
   (D)  IDENTIFYING  PRIORITY  NEEDS  FOR  FIREARM  VIOLENCE RESEARCH AND
 INVENTORY WORK WITHIN NEW YORK THAT CURRENTLY ARE NOT RECEIVING ADEQUATE
 ATTENTION, AND IDENTIFYING PUBLIC OR  PRIVATE  ENTITIES  THAT  ARE  BEST
 SITUATED  TO  ADDRESS SUCH NEEDS, THEREBY LEADING TO BETTER COORDINATION
 OF FIREARM VIOLENCE RESEARCH EFFORTS IN THE STATE;
   (E) PROMOTING  AWARENESS  OF  EXISTING  AND  NEW  SOURCES  OF  FIREARM
 VIOLENCE  INFORMATION AND FIREARM VIOLENCE WHILE EDUCATING ELECTED OFFI-
 CIALS, GOVERNMENTAL AGENCIES, AND THE GENERAL PUBLIC ON FIREARM VIOLENCE
 ISSUES THROUGH SUCH MEANS AS IT MAY DETERMINE;
   (F) ORGANIZING AND SPONSORING MEETINGS ON FIREARM VIOLENCE TOPICS;
   (G) ENCOURAGING THE ESTABLISHMENT OF NETWORKS OF COLLABORATING EXPERTS
 ENGAGED IN RELATED ASPECTS OF FIREARM VIOLENCE RESEARCH;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04693-01-7

 S. 4363                             2
 
   (H) RAISING SENSITIVITY TO FIREARM VIOLENCE CONCERNS AMONG  STATE  AND
 LOCAL  GOVERNMENT  AGENCIES, AND SERVING AS A FORUM FOR ENHANCED INTERA-
 GENCY INFORMATION SHARING AND COOPERATION;
   (I)  RECOMMENDING  PRIORITY ACTIVITIES FOR FUNDING THROUGH THE FIREARM
 VIOLENCE RESEARCH FUND, CREATED PURSUANT TO  SECTION  NINETY-SEVEN-J  OF
 THE STATE FINANCE LAW;
   (J) WORKING ON A CONTINUING BASIS WITH POLICYMAKERS IN THE LEGISLATURE
 AND  STATE  AGENCIES  TO  IDENTIFY,  IMPLEMENT,  AND EVALUATE INNOVATIVE
 FIREARM VIOLENCE PREVENTION POLICIES AND PROGRAMS;
   (K) RECRUITING AND PROVIDING SPECIALIZED  TRAINING  OPPORTUNITIES  FOR
 NEW  RESEARCHERS,  INCLUDING EXPERIENCED INVESTIGATORS IN RELATED FIELDS
 WHO ARE BEGINNING WORK ON FIREARM VIOLENCE, YOUNG INVESTIGATORS WHO HAVE
 COMPLETED THEIR EDUCATION, POSTDOCTORAL SCHOLARS, DOCTORAL STUDENTS, AND
 UNDERGRADUATES;
   (L) SUPPLEMENTING ITS OWN RESEARCH BY  ADMINISTERING  A  SMALL  GRANTS
 PROGRAM  FOR  RESEARCH  ON  FIREARM  VIOLENCE, FUNDED THROUGH A RESEARCH
 ACCOUNT IN THE FIREARM VIOLENCE RESEARCH FUND PURSUANT TO SECTION  NINE-
 TY-SEVEN-J OF THE STATE FINANCE LAW. ALL RESEARCH FUNDS SHALL BE AWARDED
 ON  THE  BASIS OF SCIENTIFIC MERIT AS DETERMINED BY AN OPEN, COMPETITIVE
 PEER REVIEW PROCESS THAT  ASSURES  OBJECTIVITY,  CONSISTENCY,  AND  HIGH
 QUALITY. ALL QUALIFIED INVESTIGATORS, REGARDLESS OF INSTITUTIONAL AFFIL-
 IATION, SHALL HAVE EQUAL ACCESS AND OPPORTUNITY TO COMPETE FOR THE FUNDS
 IN  SUCH  RESEARCH  ACCOUNT.  THE  INSTITUTE  SHALL REQUIRE THE USE OF A
 RIGOROUS PEER REVIEW PROCESS FOR THE SELECTION OF GRANTS  AWARDED  UNDER
 THIS PROGRAM AND SHALL BE MODELED AFTER THE PROCESS USED BY THE NATIONAL
 INSTITUTES OF HEALTH IN ITS GRANTMAKING PROCESS; AND
   (M) PROVIDING COPIES OF THEIR RESEARCH PUBLICATIONS TO THE LEGISLATURE
 AND  TO  AGENCIES SUPPLYING DATA USED IN THE CONDUCT OF SUCH RESEARCH AS
 SOON AS IS PRACTICABLE FOLLOWING PUBLICATION.
   2. RESEARCH. THE INSTITUTE SHALL FOSTER, PURSUE,  AND  SPONSOR  BASIC,
 TRANSLATIONAL, AND TRANSFORMATIVE RESEARCH, FIELD STUDIES, AND ALL OTHER
 SUCH ACTIVITIES TO RESEARCH:
   (A)  THE NATURE OF FIREARM VIOLENCE, INCLUDING INDIVIDUAL AND SOCIETAL
 DETERMINANTS OF RISK FOR INVOLVEMENT IN FIREARM VIOLENCE, WHETHER  AS  A
 VICTIM OR A PERPETRATOR;
   (B)  THE  INDIVIDUAL,  COMMUNITY, AND SOCIETAL CONSEQUENCES OF FIREARM
 VIOLENCE;
   (C) THE PREVENTION AND TREATMENT OF FIREARM VIOLENCE AT  THE  INDIVID-
 UAL, COMMUNITY, AND SOCIETAL LEVELS; AND
   (D) THE EFFECTIVENESS OF EXISTING LAWS AND POLICIES INTENDED TO REDUCE
 FIREARM VIOLENCE, INCLUDING THE CRIMINAL MISUSE OF FIREARMS, AND EFFORTS
 TO PROMOTE THE RESPONSIBLE OWNERSHIP AND USE OF FIREARMS.
   3.  EDUCATION  AND  INFORMATION TRANSFER PROGRAMS. THE INSTITUTE SHALL
 FOSTER THE COLLECTION, TRANSFER, AND  APPLICATION  OF  FIREARM  VIOLENCE
 INFORMATION IN THE STATE BY:
   (A)  FOSTERING  ACCESS,  COMPATIBILITY,  INTERCHANGE, AND SYNTHESIS OF
 DATA ABOUT FIREARM VIOLENCE MAINTAINED BY PUBLIC ENTITIES, ACADEMIC  AND
 RESEARCH INSTITUTIONS, AND PRIVATE ORGANIZATIONS;
   (B) EMPLOYING ADVANCED TECHNOLOGY TO COORDINATE FOR EASE OF USE OF THE
 SCATTERED FIREARM VIOLENCE RESOURCES OF THE STATE; AND
   (C) SUPPORTING THE PREPARATION AND PUBLICATION OF INTERPRETATIVE WORKS
 THAT DRAW UPON FIREARM VIOLENCE RESOURCES.
   4.  QUINQUENNIAL  REPORTS.  THE  INSTITUTE  SHALL PREPARE AND SUBMIT A
 REPORT ON OR BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN AND EVERY  FIVE
 YEARS THEREAFTER TO THE GOVERNOR AND THE LEGISLATURE DESCRIBING PROGRAMS
 UNDERTAKEN  OR  SPONSORED  BY  THE  INSTITUTE,  THE  STATUS OF KNOWLEDGE

 S. 4363                             3
 
 REGARDING THE STATE'S FIREARM VIOLENCE, AND RESEARCH NEEDS RELATED THER-
 ETO.
   5.  EXECUTIVE COMMITTEE. THE INSTITUTE SHALL BE GUIDED BY AN EXECUTIVE
 COMMITTEE. MEMBERS OF THE COMMITTEE SHALL BE  FROM  VARYING  BACKGROUNDS
 WITH MEMBERS SELECTED FROM THE SCIENTIFIC COMMUNITY, ACADEMIC COMMUNITY,
 AS  WELL  AS  FROM GOVERNMENT SERVICE.   SUCH COMMITTEE SHALL CONSIST OF
 SEVENTEEN MEMBERS INCLUDING THE COMMISSIONER, THE COMMISSIONER OF CRIMI-
 NAL JUSTICE SERVICES, THE COMMISSIONER OF HEALTH, THE CHANCELLOR OF  THE
 UNIVERSITY  OR  THEIR DESIGNEES, SEVEN AT LARGE MEMBERS APPOINTED BY THE
 GOVERNOR, ONE OF WHOM SHALL BE CHAIRPERSON, TWO MEMBERS APPOINTED BY THE
 TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER APPOINTED BY THE  MINORITY
 LEADER OF THE SENATE, TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEM-
 BLY  AND  ONE  MEMBER  APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
 APPOINTED MEMBERS SHALL SERVE FOR A TERM OF THREE YEARS,  PROVIDED  THAT
 SUCH MEMBERS MAY BE REAPPOINTED. THE EXECUTIVE COMMITTEE SHALL:
   (A)  ADOPT  POLICIES,  PROCEDURES, AND CRITERIA GOVERNING THE PROGRAMS
 AND OPERATIONS OF THE INSTITUTE;
   (B) RECOMMEND TO THE GOVERNOR AND LEGISLATURE APPROPRIATE  ACTIONS  TO
 DEAL WITH FIREARM VIOLENCE WITHIN THE STATE;
   (C)  DEVELOP  AND  IMPLEMENT  THE  RESEARCH, EDUCATION AND INFORMATION
 TRANSFER PROGRAMS OF THE INSTITUTE;
   (D) IDENTIFY AND RATE PROPOSALS FOR FIREARM VIOLENCE RESEARCH;
   (E) SUBMIT TO THE DIRECTOR OF THE BUDGET, AND THE CHAIRPERSONS OF  THE
 SENATE  FINANCE  COMMITTEE  AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON
 THE FIRST DAY OF OCTOBER, TWO THOUSAND SEVENTEEN AND ON OR BEFORE AUGUST
 FIRST EACH YEAR THEREAFTER, A BUDGET  REQUEST  FOR  THE  EXPENDITURE  OF
 FUNDS  AVAILABLE  FROM  THE  FIREARM  VIOLENCE  RESEARCH  FUND,  FOR THE
 PURPOSES ESTABLISHED BY SECTION NINETY-SEVEN-J OF THE STATE FINANCE LAW;
 AND
   (F) MEET PUBLICLY AT LEAST TWICE A YEAR. THE  COMMITTEE  SHALL  WIDELY
 DISSEMINATE  NOTICE  OF  ITS  MEETINGS  AT LEAST TWO WEEKS PRIOR TO EACH
 MEETING. THE COMMISSIONERS ON THE EXECUTIVE COMMITTEE AND THE CHANCELLOR
 OF THE UNIVERSITY SHALL AID IN SUCH DISSEMINATION.
   6. SCIENTIFIC WORKING GROUP. THE EXECUTIVE COMMITTEE SHALL  APPOINT  A
 SCIENTIFIC  WORKING  GROUP COMPOSED OF NOT MORE THAN FIFTEEN INDIVIDUALS
 REPRESENTING GOVERNMENTAL AGENCIES, ACADEMIC OR  RESEARCH  INSTITUTIONS,
 EDUCATIONAL  ORGANIZATIONS,  THE FIREARM INDUSTRY AND RELATED NON-PROFIT
 ORGANIZATIONS. MEMBERS OF THE SCIENTIFIC WORKING GROUP SHALL HAVE  KNOW-
 LEDGE  AND  EXPERTISE IN FIREARM VIOLENCE RESEARCH AND SHALL SERVE FOR A
 TERM OF THREE YEARS, PROVIDED, HOWEVER THAT MEMBERS MAY  BE  REAPPOINTED
 FOR MORE THAN ONE TERM AT THE DISCRETION OF THE EXECUTIVE COMMITTEE. THE
 SCIENTIFIC  WORKING  GROUP  SHALL  MAKE RECOMMENDATIONS TO THE EXECUTIVE
 COMMITTEE WITH RESPECT TO:
   (A) THE IDENTIFICATION OF PRIORITY FIREARM VIOLENCE RESEARCH NEEDS  IN
 THE STATE;
   (B)  THE  DEVELOPMENT  AND IMPLEMENTATION OF THE INSTITUTE'S RESEARCH,
 EDUCATION, AND INFORMATION TRANSFER PROGRAMS;
   (C) THE ALLOCATION AND EXPENDITURE OF FUNDS FROM THE FIREARM  VIOLENCE
 RESEARCH  FUND  CREATED  PURSUANT TO SECTION NINETY-SEVEN-J OF THE STATE
 FINANCE LAW; AND
   (D) IDENTIFICATION  AND  RATING  OF  PROPOSALS  FOR  FIREARM  VIOLENCE
 RESEARCH.
   7.  INSTITUTE  DIRECTOR. THE INSTITUTE SHALL HAVE A DIRECTOR WHO SHALL
 BE APPOINTED BY THE EXECUTIVE COMMITTEE AND SHALL AFTER  APPOINTMENT  BE
 AN  EMPLOYEE OF THE STATE UNIVERSITY. THE INSTITUTE DIRECTOR SHALL SERVE
 AT THE PLEASURE OF THE EXECUTIVE COMMITTEE. THE INSTITUTE DIRECTOR SHALL

 S. 4363                             4

 SERVE AS CHIEF ADMINISTRATIVE OFFICER OF THE INSTITUTE AND  PROVIDE  THE
 NECESSARY SUPPORT FOR THE EXECUTIVE COMMITTEE.
   8. COMPENSATION. THE MEMBERS OF THE EXECUTIVE COMMITTEE AND THE SCIEN-
 TIFIC  WORKING  GROUP  SHALL  SERVE WITHOUT ADDITIONAL COMPENSATION, BUT
 SHALL BE ELIGIBLE TO RECEIVE REIMBURSEMENT FOR THEIR ACTUAL  AND  NECES-
 SARY  EXPENSES  FROM  THE  FIREARM VIOLENCE RESEARCH FUND ESTABLISHED BY
 SECTION NINETY-SEVEN-J OF  THE  STATE  FINANCE  LAW,  PROVIDED  HOWEVER,
 MEMBERS  OF  THE  EXECUTIVE  COMMITTEE  REPRESENTING  STATE AGENCIES MAY
 RECEIVE REIMBURSEMENT FOR THEIR ACTUAL AND NECESSARY EXPENSES FROM THEIR
 RESPECTIVE AGENCIES. MEMBERS OF THE EXECUTIVE COMMITTEE  AND  SCIENTIFIC
 WORKING  GROUP  SHALL  BE CONSIDERED STATE EMPLOYEES FOR THE PURPOSES OF
 SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC OFFICERS LAW.
   9. MEMORANDUM OF UNDERSTANDING.  THE  DEPARTMENT,  THE  DEPARTMENT  OF
 HEALTH,  THE  DEPARTMENT OF MOTOR VEHICLES, AND THE DIVISION OF CRIMINAL
 JUSTICE SERVICES SHALL ENTER INTO A WRITTEN MEMORANDUM OF  UNDERSTANDING
 TO  FACILITATE  THE  APPROPRIATE  IMPLEMENTATION OF THE FIREARM VIOLENCE
 RESEARCH INSTITUTE AND THE GOALS, RESPONSIBILITIES, AND PROGRAMS  ESTAB-
 LISHED BY THIS SECTION.
   §  2. The state finance law is amended by adding a new section 97-j to
 read as follows:
   § 97-J. FIREARM VIOLENCE RESEARCH FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 TAXATION AND FINANCE A FUND TO BE KNOWN AS THE FIREARM VIOLENCE RESEARCH
 FUND.
   2.  THE  FIREARM  VIOLENCE  RESEARCH  FUND SHALL CONSIST OF ALL MONEYS
 CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE, INCLUDING
 ANY FEDERAL, STATE, OR PRIVATE FUNDS, PURSUANT TO LAW FOR  THE  PURPOSES
 OF FIREARM VIOLENCE RESEARCH.
   3. MONEYS IN THE FIREARM VIOLENCE RESEARCH FUND MAY BE INVESTED BY THE
 COMPTROLLER  PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE, AND ANY
 INCOME RECEIVED BY THE COMPTROLLER SHALL BE USED  FOR  THE  PURPOSES  OF
 SUCH FUND.
   4.  THE  MONEYS  HELD IN OR CREDITED TO THE FUND SHALL BE EXPENDED FOR
 THE PURPOSES SET FORTH IN THIS SECTION, AND MAY NOT BE  INTERCHANGED  OR
 COMMINGLED WITH ANY OTHER ACCOUNT OR FUND BUT MAY BE COMMINGLED WITH ANY
 OTHER FUND OR ACCOUNT FOR INVESTMENT PURPOSES.
   5.  MONEYS  IN THE FIREARM VIOLENCE RESEARCH FUND, FOLLOWING APPROPRI-
 ATION BY THE LEGISLATURE, SHALL BE AVAILABLE TO  THE  NEW  YORK  FIREARM
 VIOLENCE  RESEARCH  INSTITUTE  FOR FIREARM VIOLENCE RESEARCH, EDUCATION,
 AND INFORMATION TRANSFER PROGRAMS AS SET FORTH IN  SECTION  TWO  HUNDRED
 THIRTY-NINE-C OF THE EDUCATION LAW.
   §  3.  The sum of two million dollars ($2,000,000), or so much thereof
 may be  necessary,  is  hereby  appropriated  to  the  firearm  violence
 research  fund  out  of  any moneys in the state treasury in the general
 fund, for administration of the New York state firearm violence research
 institute.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 action, amendment and/or repeal of any rule or regulation necessary  for
 the  implementation  of this act on its effective date is authorized and
 directed to be made and completed by the commissioner of education on or
 before such effective date.