S T A T E O F N E W Y O R K
________________________________________________________________________
8062--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 4, 2009
___________
Introduced by M. of A. DESTITO, MARKEY, GALEF, REILLY, SCHROEDER,
FIELDS, JAFFEE, STIRPE, MAGNARELLI, EDDINGTON -- Multi-Sponsored by --
M. of A. DUPREY, GABRYSZAK, MAGEE, McENENY, RUSSELL -- (at request of
the Office for Technology) -- read once and referred to the Committee
on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the state technology law, in relation to renaming the
statewide wireless network advisory council as the statewide interop-
erability advisory council
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 4 of the state technology law, as added by section
1 of part E of chapter 1 of the laws of 2004, such article as renumbered
by chapter 741 of the laws of 2005, section 403 as added by section 1 of
part G of chapter 56 of the laws of 2007, is amended to read as follows:
ARTICLE IV
STATEWIDE [WIRELESS NETWORK] INTEROPERABILITY
ADVISORY COUNCIL
Section 401. Statewide [wireless network] INTEROPERABILITY advisory
council.
402. Powers and duties of advisory council.
403. Annual reports of costs related to [the] A statewide [wire-
less network] INTEGRATED AND INTEROPERABLE COMMUNICATIONS
SYSTEM.
S 401. Statewide [wireless network] INTEROPERABILITY advisory council.
There is hereby established within the office for technology a statewide
[wireless network] INTEROPERABILITY advisory council. The advisory coun-
cil shall consist of [twenty-seven] TWENTY-EIGHT members. The governor
shall appoint [two] THREE members and the temporary president of the
senate and the speaker of the assembly shall each appoint four members.
ONE OF THE GOVERNOR'S APPOINTMENTS SHALL BE THE CHIEF ADMINISTRATIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09599-05-9
A. 8062--A 2
OFFICER OF A NEW YORK STATE COUNTY OR THEIR DESIGNEE. One of the gover-
nor's appointments and three of the appointments of the temporary presi-
dent of the senate and of the speaker of the assembly shall be a member,
officer, or employee of a first responder organization that serves a
municipal corporation. One each of the appointments of the temporary
president of the senate and of the speaker of the assembly shall possess
expertise in the field of communications technology but no appointee
shall be the owner, principal, or employee of an entity that has a
contract with the state of New York or that vends communications
products to any state or local government. An organization shall be
considered a first responder organization if it provides policing, fire-
fighting, or emergency medical services, as defined in subdivision elev-
en of section three hundred two of the retirement and social security
law, subdivision two of section one hundred of the general municipal
law, subdivisions one, two, three, four, five, six, and seven of section
three thousand one of the public health law, and section six hundred
fifty of the county law. In addition, the temporary president of the
senate and the speaker of the assembly shall each designate one member
of their respective houses to serve on the advisory council. Ex officio
members of the council shall be the director of the office of homeland
security, THE HEAD OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE
DIRECTOR OF THE STATE EMERGENCY MANAGEMENT OFFICE, the superintendent of
the state police, [the director of the office for technology,] THE CHIEF
INFORMATION OFFICER OF NEW YORK STATE, THE COMMISSIONER OF PARKS, RECRE-
ATION AND HISTORIC PRESERVATION, the commissioner of the department of
health, the commissioner of the department of correctional services, the
commissioner of the department of transportation, the commissioner of
the department of environmental conservation, the chairperson of the
thruway authority, the state fire administrator of the office of fire
prevention and control, the chief judge of the state, the commissioner
of the division of criminal justice services, the chairperson of the
metropolitan transportation authority, a designee of the law enforcement
council and the designee of the mayor of the city of New York, or their
designees. The chief information officer of New York state AND THE
SUPERINTENDENT OF THE STATE POLICE shall [be the chair of] CO-CHAIR the
advisory council.
S 402. Powers and duties of advisory council. 1. The advisory council
shall have the following functions, powers, and duties:
(a) To assist in the development and implementation of an integrated
AND INTEROPERABLE statewide communications system, using the most effec-
tive technology currently available, that would link state and local
first responders to each other and allow them to communicate reliably
during emergency situations and that would ensure that all first respon-
ders would have both access to and the capability to participate in the
system;
(b) To consult with and advise the office for technology regarding
state purchases of information and communications technology intended to
implement communications networks or systems that function among state
agencies, between state agencies and local governments and first respon-
ders, and among local agencies and first responders[, including but not
limited to the statewide wireless network];
(c) To examine and make recommendations [to the governor, the tempo-
rary president of the senate, and the speaker of the assembly] regarding
the availability and reliability of means by which residents of the
state receive a timely response in all geographic areas of the state,
including areas in which some communications technology functions unre-
A. 8062--A 3
liably, such as underground mass transit systems and remote or mountai-
nous regions of the state, and to explore ways in which new technologies
may be introduced or enhanced so that such communications effectively
lead to timely assistance; and
(d) To [submit a preliminary report by June first, two thousand five,
and to] EXAMINE AND MAKE RECOMMENDATIONS REGARDING STATE POLICY ON ALL
MATTERS CONCERNING INTEROPERABILITY OF PUBLIC SAFETY COMMUNICATION
SYSTEMS AND EMERGENCY SERVICES AROUND THE STATE.
(E) TO submit annual reports on or before December thirty-first, two
thousand [five] NINE and each year thereafter, to the governor, the
temporary president of the senate, and the speaker of the assembly that
details the recommendations of the advisory council regarding an inte-
grated AND INTEROPERABLE statewide emergency communications system and
the issues examined pursuant to paragraphs (a), (b), [and] (c) AND (D)
of this subdivision. The advisory council shall as part of its report
evaluate existing state efforts to enhance emergency communications.
2. The advisory council shall meet as necessary to carry out its func-
tions and duties. THE CO-CHAIRS OF THE ADVISORY COUNCIL MAY APPOINT
WORKING GROUPS CONSISTING OF MEMBERS OF THE ADVISORY COUNCIL OR THEIR
DESIGNEES OR OTHER REPRESENTATIVES OF PUBLIC OR PRIVATE ENTITIES TO
ADVISE AND ASSIST THE ADVISORY COUNCIL IN CARRYING OUT ITS FUNCTIONS,
POWERS AND DUTIES, AS THE CO-CHAIRS DEEM NECESSARY; PROVIDED, HOWEVER,
THAT NO APPOINTEE SHALL BE THE OWNER, PRINCIPAL, OR EMPLOYEE OF AN ENTI-
TY THAT HAS A CONTRACT WITH THE STATE OF NEW YORK OR THAT VENDS COMMUNI-
CATIONS PRODUCTS TO ANY STATE OR LOCAL GOVERNMENT. Members of the advi-
sory council OR WORKING GROUPS shall receive no compensation for their
services [as members] but shall be allowed their actual and necessary
expenses incurred in the performance of their duties. The office for
technology shall provide the staff and support necessary for the advi-
sory council OR WORKING GROUPS to carry out its duties and responsibil-
ities.
S 403. Annual reports of costs related to [the] A statewide [wireless
network] INTEGRATED AND INTEROPERABLE COMMUNICATIONS SYSTEM. Annual
expenditures of the prior year and anticipated expenditures of the
upcoming year to acquire equipment necessary to participate in [the] A
statewide [wireless network] INTEGRATED AND INTEROPERABLE COMMUNICATIONS
SYSTEM shall be reported as follows:
1. The chief executive officer of each city, town, village and the
fire district board of commissioners shall submit to the county by Janu-
ary fifteenth of each year, an itemized list of the total expenditure of
federal, state and local funds by each such city, town, village and fire
district during the period January first through December thirty-first
of the previous calendar year and anticipated expenditures for the next
fiscal year, for the acquisition of commodities, options, enhancements
and related services necessary for such city, town, village or fire
district to participate in or gain access to [the] A statewide [wireless
network] INTEGRATED AND INTEROPERABLE COMMUNICATIONS SYSTEM. Any city,
town, village or fire district that incurs no relevant expenses and
anticipates no relevant expenses for the next fiscal year is not
required to submit such list. Each county shall prepare an itemized list
of the total expenditure of federal, state and local funds during the
period January first through December thirty-first of the previous
calendar year and anticipated expenditures for the next fiscal year for
the acquisition of commodities, options, enhancements and related
services necessary for the county to participate in or gain access to
[the] A statewide [wireless network] INTEGRATED AND INTEROPERABLE COMMU-
A. 8062--A 4
NICATIONS SYSTEM. The county shall compile its list along with the lists
of the cities, towns, villages and fire districts within its boundaries
and submit the combined list to the office of the state comptroller by
January thirtieth. Any county wholly contained within a city need not
report, if the city reports.
2. Each state agency and each public benefit corporation shall annual-
ly prepare and transmit to the office of the state comptroller by Janu-
ary thirtieth of each year a report that shall include the total expend-
iture by that agency during the period January first through December
thirty-first of the previous calendar year for the acquisition of
commodities, options, enhancements and related services necessary for
the agency or authority to participate in or gain access to [the] A
statewide [wireless network] INTEGRATED AND INTEROPERABLE COMMUNICATIONS
SYSTEM. Any agency or public benefit corporation that incurs no relevant
expenses is not required to submit such report.
3. The office of the state comptroller shall prepare an annual report
compiling the expenditures and anticipated expenditures of counties,
cities, towns, villages, and fire districts, and the expenditures of the
state agencies and public benefit corporations for the acquisition of
commodities, options, enhancements and related services related to their
participation in or use of [the] A statewide [wireless network] INTE-
GRATED AND INTEROPERABLE COMMUNICATIONS SYSTEM and shall transmit such
report by March fifteenth of each year to the governor, the temporary
president and minority leader of the senate, the speaker and the minori-
ty leader of the assembly, the director of the division of budget, and
the statewide [wireless network] INTEROPERABILITY advisory council.
S 2. This act shall take effect immediately.