S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8846
 
                           I N  A S S E M B L Y
 
                             January 18, 2022
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law and the state finance law, in relation
   to the New York state firearm  violence  research  institute,  and  to
   amend a chapter of the laws of 2021 amending the education law and the
   state  finance  law  relating  to creating a firearm violence research
   institute, as proposed in legislative bills numbers  S.  2981  and  A.
   7302, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 239-c of the education law, as added by  a  chapter
 of the laws of 2021 amending the education law and the state finance law
 relating  to creating a firearm violence research institute, as proposed
 in legislative bills numbers S. 2981 and A. 7302, is renumbered  section
 355-e  and  subdivisions  1,  2,  3,  5,  6 and 9 are amended to read as
 follows:
   1. Institute formation and goals.  Subject  to  amounts  available  by
 appropriation,  the  New York state firearm violence research institute,
 hereinafter the "institute", is hereby created within the STATE  univer-
 sity OF NEW YORK.  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02817-02-2
 A. 8846                             2
 
 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;
   (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; AND
   (E)  OTHER  RESEARCH AS DEEMED BY THE INSTITUTE TO BE ALIGNED WITH ITS
 CORE MISSION.
   3. Education and information transfer programs. [The]  TO  THE  EXTENT
 POSSIBLE,  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.
   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 OF  EDUCATION,  the  commissioner  of
 criminal justice services, the commissioner of health, the chancellor of
 the  STATE  university  OF  NEW  YORK  or  their designees, two at large
 members appointed by the governor, two members appointed by  the  tempo-
 rary  president  of the senate, and two members appointed by the speaker
 A. 8846                             3
 
 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
 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  twenty-one  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 STATE university OF NEW YORK shall aid in such dissemination.
   6. Scientific working group. The [executive committee] INSTITUTE shall
 appoint  a  scientific  working group [composed] CONSISTING 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] HAVING knowledge 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]  WHICH  shall
 ADVISE AND 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] INSTITUTE REGARDING ITS RESEARCH AND INFORMATION PROGRAMS.
   9. Memorandum of understanding. The [department] STATE  UNIVERSITY  OF
 NEW  YORK,  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,  responsibil-
 ities, and programs established by this section.
   §  2. Subdivision 5 of section 97-j of the state finance law, as added
 by a chapter of the laws of 2021 amending  the  education  law  and  the
 state  finance  law  relating  to  creating  a firearm violence research
 institute, as proposed in legislative bills numbers S. 2981 and A. 7302,
 is amended to read as follows:
   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]  ITS  ACTIVITIES  as  set forth in
 A. 8846                             4
 
 section [two] THREE hundred [thirty-nine-c] FIFTY-FIVE-E of  the  educa-
 tion law.
   § 3. Section 3 of a chapter of the laws of 2021 amending the education
 law  and  the  state finance law relating to creating a firearm violence
 research institute, as proposed in legislative bills numbers S. 2981 and
 A. 7302, is amended to read as follows:
   § 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] STATE UNIVERSITY OF NEW  YORK  on  or
 before such effective date.
   §  4.  This  act  shall take effect immediately, provided however that
 sections one and two of this act shall take effect on the same date  and
 in  the same manner as a chapter of the laws of 2021 amending the educa-
 tion law and the state  finance  law  relating  to  creating  a  firearm
 violence research institute, as proposed in legislative bills numbers S.
 2981 and A. 7302, takes effect.