S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2522
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law and the state finance law, in relation
   to creating a firearm violence research institute
 
   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. SUBJECT TO AMOUNTS AVAILABLE BY APPROPRI-
 ATION,  THE  NEW YORK STATE FIREARM VIOLENCE RESEARCH INSTITUTE, HEREIN-
 AFTER THE "INSTITUTE", IS HEREBY  CREATED  WITHIN  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.
              

                                                            LBD08716-02-9

 S. 2522                             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; AND
   (L) 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, 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 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION  AND  EVERY
 FIVE  YEARS  THEREAFTER  TO  THE GOVERNOR AND THE LEGISLATURE DESCRIBING
 PROGRAMS UNDERTAKEN OR SPONSORED BY THE INSTITUTE, THE STATUS  OF  KNOW-
 LEDGE REGARDING THE STATE'S FIREARM VIOLENCE, AND RESEARCH NEEDS RELATED
 THERETO.
   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 TEN
 MEMBERS INCLUDING THE COMMISSIONER, THE COMMISSIONER OF CRIMINAL JUSTICE
 SERVICES,  THE  COMMISSIONER OF HEALTH, THE CHANCELLOR OF THE UNIVERSITY
 OR THEIR DESIGNEES, TWO AT LARGE MEMBERS APPOINTED BY THE GOVERNOR,  TWO
 MEMBERS  APPOINTED  BY  THE  TEMPORARY  PRESIDENT OF THE SENATE, AND TWO
 MEMBERS APPOINTED BY THE SPEAKER OF THE  ASSEMBLY.    APPOINTED  MEMBERS

 S. 2522                             3
 
 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
 REDUCE 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 NINETEEN 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  EIGHT  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
 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.

 S. 2522                             4
 
   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. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law. Effective immediately, the action, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 by the commissioner of education on or before such effective date.