S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    709
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. BOYLE, ADDABBO, BROOKS, GALLIVAN, RITCHIE, SEPULVEDA
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Finance
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04575-01-9

 S. 709                              2
 
 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.
   § 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

 S. 709                              3
 
 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.