senate Bill S4663A

Relates to meetings of the interagency task force on human trafficking and extends such provisions relating thereto; adds additional members to the board

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Apr / 2013
    • REFERRED TO CODES
  • 20 / May / 2013
    • 1ST REPORT CAL.639
  • 21 / May / 2013
    • 2ND REPORT CAL.
  • 22 / May / 2013
    • AMENDED 4663A
  • 22 / May / 2013
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to meetings of the interagency task force on human trafficking and extends such provisions relating thereto; adds additional members to the board; requires meeting no less than three times per year and annual reporting.

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Bill Details

Versions:
S4663
S4663A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Social Services Law
Laws Affected:
Amd §483-ee, Soc Serv L; amd §14, Chap 74 of 2007

Sponsor Memo

BILL NUMBER:S4663A

TITLE OF BILL: An act to amend the social services law, in relation
to the composition of the interagency task force on human trafficking
and their meetings; and to amend chapter 74 of the laws of 2007
amending the penal law, the criminal procedure law, the correction
law, the social services law, and the executive law relating to human
trafficking, in relation to extending the interagency task force on
human trafficking

PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to
extend and expand upon the Interagency Task Force on Human
Trafficking, originally established in 2007 and set to expire this
year, until 2017.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 483-ee of
the social services law, as added by chapter 74 of the laws of 2007,
subdivision (a), as amended by section 5 of part A-1 of chapter 55 of
the laws of 2010; and also amends section 14 of chapter 74 of the laws
of 2007 as amended by chapter 24 of the laws of 2011.

JUSTIFICATION: This bill would extend the Interagency Task Force on
Human Trafficking, originally established in 2007 and set to expire
9/1 this year, until 9/1/2017. It would also expand the make-up of the
Task Force and require further duties.

The Task Force was originally created in 2007 per Governor's Program
bill #31 establishing criminal penalties for human trafficking. It was
formed to collect data relating to the enactment of this human
trafficking law and to make recommendations on the effectiveness of
its provisions and potential amendments.

Specifically, the Task Force was charged with:

- coordinating the implementation of the new law;

- studying issues that may need further reform, including ensuring
that victims are properly protected and assisted;

- collecting data on the extent of trafficking in the state;

- recommending best practices for training and community outreach to
help law enforcement, social service providers, prosecutors, defense
attorneys, and the general public to recognize trafficking situations;
and

- measuring progress in preventing trafficking and prosecution of
persons engaged in it.

The Task Force is currently comprised of: (1) the Commissioner of
DCJS; (2) the Commissioner of OTDA; (3) the Commissioner of Health;
(4) the Commissioner of OMH; (5) the Commissioner of Labor; (6) the
Commissioner of OCFS; (7) the Commissioner of OASAS; (8) the Director
of the Office of Victim Services; (9) the Executive Director of the
Office for the Prevention of Domestic Violence; and (10) the
Superintendent of the State Police.


As a result of the original legislation, the Task Force issued only
one follow-up report in August 2008. Since then, there have been no
published updates on the activity surrounding access to social
services for victims of human trafficking, the effectiveness of the
law, and no suggestions or amendments have been provided to the
Legislature for review.

In order to improve the effectiveness of the Task Force, this bill
would:

- appoint six new members: three each by the two leaders of the Houses
of the Legislature. One of each House's three appointments must have
specific experience providing services to victims of human
trafficking. These appointments would be for two year terms and each
appointee would continue until a successor is appointed. Also, members
could be re-appointed;

- require the Task Force to create subcommittees to meet, gather
specific information, formulate recommendations and report back to the
general Task Force. Each subcommittee would have to include at least
one person from each House's new three appointments; and

- require the Task Force to meet at least three times per year and
issue a report at least annually.

The goal of all of these enhancements is to ensure that every possible
resource is used effectively to protect victims, prosecute the
purveyors of these horrific activities, and put as much of a
stranglehold on the business of human trafficking as possible in New
York State.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately; provided that
the amendments to section 483-ee of the social services law made by
section one of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4663--A
    Cal. No. 639

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said committee, ordered to first and second report, amended
  on second report, ordered to a third reading, and to be  reprinted  as
  amended, retaining its place in the order of third reading

AN  ACT to amend the social services law, in relation to the composition
  of the interagency task force on human trafficking and their meetings;
  and to amend chapter 74 of the laws of 2007 amending  the  penal  law,
  the  criminal  procedure  law, the correction law, the social services
  law, and the executive law relating to human trafficking, in  relation
  to extending the interagency task force on human trafficking

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 483-ee of the social  services  law,  as  added  by
chapter  74 of the laws of 2007, subdivision (a) as amended by section 5
of part A-1 of chapter 56 of the laws of 2010, is  amended  to  read  as
follows:
  S  483-ee.  Establishment of interagency task force on human traffick-
ing. (a) There is established an interagency task force  on  trafficking
in persons, which shall consist of the following members or their desig-
nees: (1) the commissioner of the division of criminal justice services;
(2)  the  commissioner of the office of temporary and disability assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the office of children and family services; (7) the commissioner of  the
office  of  alcoholism and substance abuse services; (8) the director of
the office of victim services; (9) the executive director of the  office
for  the  prevention of domestic violence; [and] (10) the superintendent
of the division of state police; AND THE FOLLOWING  ADDITIONAL  MEMBERS,
WHO  SHALL BE PROMPTLY APPOINTED BY THE GOVERNOR, EACH FOR A TERM OF TWO
YEARS, PROVIDED THAT SUCH PERSON'S MEMBERSHIP SHALL CONTINUE AFTER  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06522-07-3

S. 4663--A                          2

TWO YEAR TERM UNTIL A SUCCESSOR IS APPOINTED AND PROVIDED, FURTHER, THAT
A MEMBER MAY BE REAPPOINTED IF AGAIN RECOMMENDED IN THE MANNER SPECIFIED
IN  THIS  SUBDIVISION: (11) THREE MEMBERS, WHO SHALL BE APPOINTED ON THE
RECOMMENDATION  OF  THE  TEMPORARY  PRESIDENT OF THE SENATE ONE OF WHICH
SHALL HAVE EXPERIENCE PROVIDING SERVICES TO VICTIMS OF  HUMAN  TRAFFICK-
ING;  AND  (12) THREE MEMBERS, WHO SHALL BE APPOINTED ON THE RECOMMENDA-
TION OF THE SPEAKER OF THE ASSEMBLY ONE OF WHICH SHALL  HAVE  EXPERIENCE
PROVIDING SERVICES TO VICTIMS OF HUMAN TRAFFICKING; and others as may be
necessary  to  carry  out  the  duties  and  responsibilities under this
section. The task force will be co-chaired by the commissioners  of  the
division  of  criminal  justice services and the office of temporary and
disability assistance, or their designees.  It shall meet as often as is
necessary, BUT NO LESS THAN THREE TIMES  PER  YEAR,  and  under  circum-
stances  as are appropriate to fulfilling its duties under this section.
ALL MEMBERS SHALL BE PROVIDED WITH WRITTEN NOTICE REASONABLY IN  ADVANCE
OF EACH MEETING WITH DATE, TIME AND LOCATION OF SUCH MEETING.
  (b)  The task force shall: (1) collect and organize data on the nature
and extent of trafficking in persons in the state; (2)  identify  avail-
able  federal, state and local programs that provide services to victims
of trafficking, including but not limited to case  management,  housing,
health  care,  mental  health  counseling,  drug addiction screening and
treatment, language interpretation  and  translation  services,  English
language  instruction,  job  training and placement assistance, post-em-
ployment services for job retention, and services to assist the individ-
ual and any of his or her family members to establish a permanent  resi-
dence  in  New  York  state  or  the  United  States;  (3)  consult with
governmental and non-governmental organizations in developing  recommen-
dations  to  strengthen  state and local efforts to prevent trafficking,
protect and assist victims of trafficking and prosecute traffickers; (4)
establish  interagency  protocols  and  collaboration  between  federal,
state, and local law enforcement, state and governmental agencies, child
welfare  agencies,  and  non-governmental  organizations;  (5)  evaluate
approaches to increase  public  awareness  about  trafficking  and  make
recommendations  on  such  approaches; (6) evaluate the effectiveness of
training programs on human trafficking that have been designed  for  law
enforcement   personnel,  criminal  defense  attorneys,  social  service
providers and non-governmental organizations, and  make  recommendations
for  improving the quality and effectiveness of such programs; [and] (7)
measure and evaluate the progress of the state in  preventing  traffick-
ing,  protecting and providing assistance to victims of trafficking, and
prosecuting persons engaged in trafficking; AND (8) CONVENE ANY  SUBCOM-
MITTEE  NECESSARY,  PROVIDED  SUCH  SUBCOMMITTEE HAS AT LEAST ONE OF THE
MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF
THE SENATE OR GOVERNOR, TO CONSIDER SPECIFIC ISSUES, INCLUDING, BUT  NOT
LIMITED TO: FEDERAL, STATE AND/OR LOCAL COOPERATION; JUVENILES AND HUMAN
TRAFFICKING;  THE  IMPORTANCE  OF  TRAINING  AND WHO SHOULD RECEIVE SUCH
TRAINING; HOW DATA IS COMPILED AND SHARED; SERVICES FOR AND TREATMENT OF
DOMESTIC VERSUS FOREIGN BORN VICTIMS.
  (c) [One year from the effective date of this section, or  earlier  if
deemed  appropriate, the task force shall report to the governor and the
legislature on these issues,] THE TASK FORCE SHALL REPORT TO THE  GOVER-
NOR,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE  MINORITY  LEADER  OF  THE
SENATE  NO  LESS  THAN  ANNUALLY, and it shall [thereafter] ADDITIONALLY
issue such reports and recommendations as it deems  necessary  to  carry
out its duties and responsibilities.

S. 4663--A                          3

  (D)  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO SALARY OR OTHER
COMPENSATION FOR THEIR SERVICES BUT SHALL BE ENTITLED  TO  REIMBURSEMENT
FOR  ACTUAL  AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES WITHIN AMOUNTS MADE AVAILABLE BY APPROPRIATION  THEREFOR  SUBJECT
TO  THE  APPROVAL OF THE DIRECTOR OF THE BUDGET. THE INTERAGENCY MEMBERS
OF THE TASK FORCE SHALL RECEIVE NO  ADDITIONAL  COMPENSATION  FOR  THEIR
SERVICES  ON  THE  TASK  FORCE  ABOVE  THE  SALARY THEY RECEIVE FROM THE
RESPECTIVE DEPARTMENTS OR DIVISIONS THAT EMPLOY THEM.
  S 2. Section 14 of chapter 74 of the laws of 2007, amending the  penal
law, the criminal procedure law, the correction law, the social services
law,  and the executive law relating to human trafficking, as amended by
chapter 24 of the laws of 2011, is amended to read as follows:
  S 14.   This act shall take effect  on  the  first  of  November  next
succeeding  the  date on which it shall have become a law; provided that
section 483-ee of the social services law, as added by section eleven of
this act, shall take effect immediately and shall remain in  full  force
and  effect  until  September  1,  [2013]  2017  when upon such date the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.
Provided,  effective  immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the timely implementation of the
provisions of article 10-D of the  social  services  law,  as  added  by
section  eleven  of this act, on its effective date are authorized to be
made on or before such effective date.
  S 3. This act shall take effect immediately; provided that the  amend-
ments  to  section 483-ee of the social services law made by section one
of this act shall not affect the repeal of such  section  and  shall  be
deemed repealed therewith.

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