NY State Senate Bill 2009-S6978

Senate Bill S6978

2009-2010 Legislative Session

Provides that AMBER alerts shall be provided on all state-owned wireless communication devices

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2010	referred to children and families

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2009-S6978 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Executive Law
Laws Affected:: Amd §837-f, Exec L

2009-S6978 (ACTIVE) - Summary

Provides that AMBER alerts shall be provided on all state-owned wireless communication devices.

2009-S6978 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6978

 TITLE OF BILL :
An act to amend the executive law, in relation to requiring AMBER
alerts to be transmitted as text messages to every state-owned
wireless communications device


 PURPOSE :
To provide that AMBER alerts shall be provided to all state-owned
wireless communication devices.

 SUMMARY OF PROVISIONS :
Section 837-f of the Executive Law is amended to provide a mechanism
whereby all State-owned wireless device telephone numbers shall be
provided to CTIA - The Wireless Foundation, as part of the national
Wireless AMBER Alerts Initiative. These amendments will then allow for
such wireless devices to receive AMBER Alerts when transmitted in the
State of New York.

 EXISTING LAW :
There is no existing law requiring state-owned wireless communication
devices to be part of the national Wireless AMBER Alert Initiative.

 JUSTIFICATION :
The AMBER Alert program, also known as America's Missing: Broadcast

Emergency Response Plan, is a program in which broadcasters and
transportation authorities immediately distribute information about
recent child abductions to the public, enabling the entire community
to assist in the search for and safe recovery of the child. This
program has successfully helped to recover 495 children since its
inception.

The national Wireless AMBER Alerts Initiative is a voluntary
partnership between the wireless industry, the United States
Department of Justice, and the National Center for Missing & Exploited
Children (NCMEC), to distribute AMBER Alerts free-of-charge to
wireless subscribers who opt in to receive the messages and are able
to receive text messages on their wireless devices. There are
approximately 200 million subscribers of wireless devices in the
United States.

Obviously, the more individuals who subscribe to become part of the
national Wireless Amber Alerts Initiative, the odds become even
greater that someone will be able to assist law enforcement in the
recovery of an abducted child. As the first several hours of a
kidnapping are the most crucial, the more people that receive this
rapid information increase the odds in bringing a child home safely.

Therefore, it is incumbent upon the State of New York to have all
state-owned wireless communications devices made part of this program.
Upon enactment, this vital AMBER Alert information will be
automatically sent to tens of thousands of State-owned wireless
devices whereby State employees will then be aware to be on the
lookout for an abducted child. This collaboration between the State of
New York and the Wireless Amber Alert Program will effectively get
this information out immediately to New York State employees
throughout the entire State from Long Island to Buffalo. The State is
a proud supporter of the AMBER Alert Program and believes a
partnership with the national Wireless Amber Alerts Initiative with
all State-owned wireless devices will help not only bolster the
program's existence but also be a catalyst to aiding in the return of
an abducted child.

 LEGISLATIVE HISTORY :
This is a new bill.
 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, except that section one of
this act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, that effective
immediately any actions necessary to implement the provisions of
section one of this act on its effective date are authorized and
directed to be completed on or before such date.

2009-S6978 (ACTIVE) - Bill Text download pdf

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

                                  6978

                            I N  S E N A T E

                              March 2, 2010
                               ___________

Introduced  by  Sens.  LARKIN,  ALESI, DeFRANCISCO, O. JOHNSON, MAZIARZ,
  RANZENHOFER, SALAND, SEWARD, VOLKER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families

AN ACT to amend the executive law, in relation to requiring AMBER alerts
  to  be  transmitted  as  text  messages  to every state-owned wireless
  communications device

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

  Section  1.  Subparagraphs  (v),  (vi)  and  (vii) of paragraph (b) of
subdivision 14 of section 837-f of the  executive  law,  as  amended  by
chapter  381  of  the  laws  of 2004, are amended and a new subparagraph
(viii) is added to read as follows:
  (v) participating internet service providers, WIRELESS  COMMUNICATIONS
SERVICE  PROVIDERS  and  commercial mobile service providers serving the
community may voluntarily agree to promptly provide by  electronic  mail
message,  AND CTIA - THE WIRELESS FOUNDATION, OR ITS SUCCESSOR ORGANIZA-
TION, SHALL, WITH REGARD TO WIRELESS TELEPHONE NUMBERS IN ITS POSSESSION
PURSUANT TO SUBPARAGRAPH (VIII) OF THIS PARAGRAPH,  BY  TEXT  MESSAGE  a
missing  child  alert providing pertinent details concerning the child's
disappearance;
  (vi) police agencies not connected with the basic police communication
system in use in such jurisdiction may transmit such information to  the
nearest  or  most convenient electronic entry point, from which point it
may be promptly dispatched, in conformity  with  the  orders,  rules  or
regulations governing the system; [and]
  (vii)  no  dispatch  or  transmission of a report concerning a missing
child shall be required by such plan if the investigating police depart-
ment advises, in its discretion, that the release  of  such  information
may jeopardize the investigation or the safety of the child, or requests
forbearance for any reason[.]; AND
  (VIII)  THE STATE AND EVERY AGENCY THEREOF SHALL PROVIDE TO CTIA - THE
WIRELESS FOUNDATION, OR ITS SUCCESSOR ORGANIZATION, A LIST OF THE  TELE-
PHONE  NUMBERS  FOR  EVERY WIRELESS COMMUNICATIONS DEVICE, AS DEFINED IN

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

                                                           LBD15435-02-0

S. 6978                             2

SUBDIVISION NINE OF SECTION THREE HUNDRED ONE OF THE COUNTY  LAW,  WHICH
IS  OWNED  THEREBY OR FOR WHICH THE STATE PAYS FOR THE WIRELESS COMMUNI-
CATIONS SERVICE, AND SHALL ALSO PROVIDE THE NAME OF THE WIRELESS  COMMU-
NICATIONS  SERVICE  PROVIDER,  AS  DEFINED IN SUBDIVISION TWELVE OF SUCH
SECTION, FOR EACH SUCH DEVICE. IN ADDITION, THE STATE AND  EVERY  AGENCY
THEREOF SHALL UPDATE SUCH INFORMATION ON A QUARTERLY BASIS.
  S 2. Paragraph (c) of subdivision 14 of section 837-f of the executive
law,  as  amended by chapter 348 of the laws of 2005, is amended to read
as follows:
  (c) The commissioner shall also designate a unit within  the  division
that  shall assist law enforcement agencies and representatives of radio
stations, broadcast media outlets, internet service providers,  WIRELESS
COMMUNICATIONS SERVICE PROVIDERS and commercial mobile service providers
in  the  design,  implementation and improvement of missing child prompt
response and notification plans.  Such unit shall make ongoing  outreach
efforts  to local government entities and local law enforcement agencies
to assist such entities and agencies in the implementation and operation
of such plans with the goal of implementing and operating such plans  in
every  jurisdiction  in  New York state.  SUCH UNIT SHALL COOPERATE WITH
CTIA - THE WIRELESS FOUNDATION, OR ITS SUCCESSOR ORGANIZATION, TO ESTAB-
LISH THE FORM AND CONTENT OF THE PROVISION OF  INFORMATION  PURSUANT  TO
SUBPARAGRAPH (VIII) OF PARAGRAPH (B) OF THIS SUBDIVISION.
  S  3.  This act shall take effect immediately, except that section one
of this act shall take effect on the first of  January  next  succeeding
the  date  on which it shall have become a law; provided, that effective
immediately any actions necessary to implement the provisions of section
one of this act on its effective date are authorized and directed to  be
completed on or before such date.

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