S T A T E O F N E W Y O R K
________________________________________________________________________
7716
I N S E N A T E
January 7, 2022
___________
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 7716 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
S. 7716 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
S. 7716 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.