NY State Senate Bill 2015-S7458A

Senate Bill S7458A

2015-2016 Legislative Session

Establishes the New York state 2020 complete count commission and providing for its powers and duties

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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
May 23, 2016	print number 7458a
May 23, 2016	amend (t) and recommit to corporations, authorities and commissions
May 03, 2016	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2015-S7458 - Details

See Assembly Version of this Bill:: A9554
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Commissions
Versions Introduced in 2017-2018 Legislative Session:: S5809, A4348

2015-S7458 - Summary

Establishes the New York state 2020 complete count commission and provides for its powers and duties; requires the commission to identify the issues that led to the 2010 United States census undercount in New York state and makes recommendations to ensure an accurate count in the 2020 United States census.

2015-S7458 - Sponsor Memo

                                 BILL NUMBER:  S7458

 TITLE OF BILL :  An act to establish the New York state 2020 complete
count commission and providing for its powers and duties

 PURPOSE OR GENERAL IDEA OF THE BILL :

This bill will establish the New York State 2020 complete count
commission and providing for its powers and duties. It will require
that this commission be created to ensure an accurate count during the
2020 US Census.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Commission Established : The bill will require that a
commission be created to ensure an accurate count during the 2020 US
Census, this commission shall identify the issues that led to the 2010
United States undercount in New York State as well as ensure an
accurate count in 2020 United States census.

The commission shall consist of 60 members that shall be appointed as
dictated:

*Thirty - eight members appointed by the Governor:
o Eleven members representing the following cities: Buffalo,
Rochester, Syracuse, Utica , Amsterdam, Schenectady, Albany, Troy,

Binghamton, Newburgh and Yonkers.
o Four members from the following: New York State School of Boards, NY
Conference of Mayors, NY State Association of Counties and
Associations of Towns.

*Eight members appointed by the Speaker of the Assembly. *Three by the
minority leader of the Assembly.

*Eight members appointed by the Senate coalition leaders (four each)

*Three members appointed by the minority leader of the Senate. Members
shall receive no compensation for their services as members, but shall
be allowed their actual and necessary expenses incurred during the
performance of their duties.

Section 2. Commission Reports: Three reports shall be made and
received by the government and legislature by the dates listed below.

a) First report must be submitted to government and legislature by
October 1, 2017. This report must contain an overview of what were the
problems that lead to the 2010 US Census undercount in New York State;
As well as a comprehensive action plan on how state and local
governmental and nongovernmental agencies will work to ensure a
complete count in the 2020 Census. It must contain a proposed
appropriation that should be made in the Fiscal Year 2018-19 and
Fiscal Year 2019-2020 and FY 2020-21 for state and local government
and nongovernmental agencies that is adequate to ensure a complete
count of New York's almost 20 million inhabitants.

b) The Second Report is due May 1, 2018 and must detail the
appropriations made in the FY 2018-19 to meet the recommendations for
action and funding made in the 2017 report.

c) The Third Report is due May 1, 2019 and must detail what actions
state and local government and nongovernmental agencies have taken to
ensure a compete count during the 2020 US Census. This report must
also include any additional request for funding that will be needed in
the FY 2020-21 to ensure a proper count as per the recommendations and
plan of action set forth in first report.

 JUSTIFICATION :

A tremendous undercount of New York State residents in the 2010 Census
contributed to their assertion that Queens, one of the highest density
populated counties in the United States, had grown by only 1,400
residents over a period of 10 years between 2001 and 2010.  Similar
undercounts throughout New York City and State contributed to the loss
of two Congressional seats in the Empire State and the loss of tens of
millions of dollars annually from federal funding appropriated via
population counts of states.

The 2010 Census aggravated the undercount of the 2000 Census. The
undercount deprived New York of desperately needed federal funding for
education, health care and infrastructure. New York is about to allow
another undercount during the upcoming 2020 Census if it does not take
significant planning action across all institutional levels of the
state, its localities and nongovernmental agencies.

This legislation sets in action a proposal that will help ensure that
the 2020 Census is a complete count of the residents of New York
State. In 2009, NYS appropriated $2 million dollars to help with
public awareness on the importance of the 2010 Census. That amount
translated into roughly a ten cents (yes - tens cents) investment in
every New Yorker. That low level of investment and attention given to
the important functions of the Census led to the documented
undercount. This mistake cannot be repeated, especially considering
that our State's slow population growth has it in line to lose another
Congressional member after the 2020 Census.

 PRIOR LEGISLATIVE HISTORY :

New legislation. No prior legislative history.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None for first year of the Commission.

 EFFECTIVE DATE :
Immediately.

2015-S7458 - Bill Text download pdf

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

                                  7458

                            I N  S E N A T E

                               May 3, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to  establish the New York state 2020 complete count commission
  and providing for its powers and duties

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

  Section 1. Commission established. (a) A commission to be known as the
New  York state 2020 complete count commission, hereafter referred to as
the commission, is hereby established to identify the issues that led to
the 2010 United States census undercount in New York state and  to  make
recommendations  to  ensure  an accurate count in the 2020 United States
census.
  (b) The commission shall consist of sixty-one members to be  appointed
as follows:
  (i)  thirty-nine  members,  including the chair and co-chair, shall be
appointed by the governor from the following agencies and organizations:
  (A) one member from each of the following  agencies:  New  York  state
office  for  the aging, New York state department of education, New York
state department of health, New York state office of children and family
services, New York state office of temporary and disability  assistance,
New  York state department of corrections and community supervision, New
York state department of state, empire  state  development  corporation,
New  York  state department of labor, New York state division of housing
and community renewal, New York state office for  people  with  develop-
mental  disabilities, New York state department of taxation and finance,
New York state office for new Americans, the  state  university  of  New
York, the city university of New York, and the commission on independent
colleges and universities;
  (B)  seven members from relevant agencies representing the city of New
York;
  (C) one member representing each of the following  cities:    Buffalo,
Rochester,  Syracuse, Utica, Amsterdam, Schenectady, Albany, Troy, Bing-
hamton, Newburgh and Yonkers; and

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

                                                           LBD14704-02-6

S. 7458                             2

  (D) one member representing each of the following organizations:   New
York state school boards association, New York conference of mayors, New
York  state association of counties, the New York state community action
association and the association of towns of the state of New York;
  (ii)  eight  members shall be appointed by the speaker of the assembly
including five  members  representing  organizations  working  with  the
elderly, children and minority communities;
  (iii)  three  members shall be appointed by the minority leader of the
assembly;
  (iv) four members shall be appointed by the temporary president of the
senate including three members representing organizations  working  with
the elderly, children and minority communities;
  (v)  four  members  appointed by the senate coalition leader including
three members representing organizations working with the elderly, chil-
dren and minority communities; and
  (vi) three members appointed by the minority leader of the senate.
  (c) The members of the commission shall receive  no  compensation  for
their  services as members, but shall be allowed their actual and neces-
sary expenses incurred in the performance of their duties.
  (d) All appointments shall be made within thirty days of the effective
date of this act. The commission  shall  hold  its  first  meeting  five
months after the effective date of this act.
  S  2.  Commission reports. (a) The commission shall study, examine and
review the issues that led to the 2010 United States  census  undercount
in  New  York state and shall make recommendations to ensure an accurate
count in the 2020 United States census.
  (b) On or before October 1, 2017, the commission shall transmit to the
governor and the legislature a report  containing  an  overview  of  the
issues  that led to the 2010 United States census undercount in New York
state and a comprehensive action plan for state and  local  governmental
and  non-governmental  agencies  to  work together to ensure an accurate
count in the 2020 United States census. Such report shall  also  include
proposed  appropriations  for the 2018-2019, 2019-2020 and the 2020-2021
fiscal years for state and local government and  non-governmental  agen-
cies  that  is  adequate  to ensure an accurate count in the 2020 United
States census.
  (c) On or before May 1, 2018, the commission  shall  transmit  to  the
governor  and the legislature a report detailing the appropriations made
for the 2018-2019 fiscal year to meet  the  recommendations  and  action
plan made in the commission's initial report.
  (d)  On  or  before  May 1, 2019, the commission shall transmit to the
governor and the legislature a report detailing actions taken  by  state
and local government and non-governmental agencies to ensure an accurate
count  in  the 2020 United States census.  The report shall also include
any additional requests for funding for the  2020-2021  fiscal  year  to
meet  the  recommendations  and  action  plan  made  in the commission's
initial report.
  S 3. This act shall take effect immediately.

2015-S7458A (ACTIVE) - Details

See Assembly Version of this Bill:: A9554
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Commissions
Versions Introduced in 2017-2018 Legislative Session:: S5809, A4348

2015-S7458A (ACTIVE) - Summary

2015-S7458A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7458A

 TITLE OF BILL :  An act to establish the New York state 2020 complete
count commission and providing for its powers and duties; and
providing for the repeal of such provisions upon expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will establish the New York State 2020 complete count
commission, which will help to ensure an accurate count during the
2020 US Census.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 establishes the Commission. The bill requires that a
commission be created to ensure an accurate count during the 2020 US
Census. This commission shall identify the issues that led to the 2010
United States undercount in New York State as well as ensure an
accurate count in 2020 United States census.

The commission shall consist of 16 members that shall be appointed as
dictated:

4 members appointed by the Governor from executive agencies and
organizations that have significant interaction with the general
public.

2 members appointed by the Governor from agencies of the city of New
York that have significant interaction with the general public.

2 members appointed by the Governor representing interests of regions
outside of the city of New York.

3 members appointed by the Speaker of the Assembly.

1 member appointed by the Minority Leader of the Assembly.

3 members appointed by the Temporary President of the Senate.

1 member appointed by the Minority Leader of the Senate.

The appointments made to the commission shall, to the extent
practicable, reflect the diversity of the residents of this state with
regard to race, ethnicity, gender, language, age, and geographic
residence and, to the extent practicable the appointing authorities
shall, in considering potential appointees to the commission, consult
with organizations devoted to representing municipalities and
educational institutions, and organizations providing services to the
elderly, children, minority communities, and individuals and
communities to combat poverty.

Members shall receive no compensation for their services as members,
but shall be allowed their actual and necessary expenses incurred
during the performance of their duties. Staff may be appointed, who
shall also not receive compensation but shall be allowed their actual
and necessary expenses incurred.

Section 2 provides for the powers and duties of the Commission, which
includes three reports to be submitted to the Governor and
Legislature.

The Commission shall remain in existence until December 31, 2020.

 JUSTIFICATION :


A tremendous undercount of New York State residents in the 2010 Census
contributed to their assertion that Queens, one of the highest density
populated counties in the United States, had grown by only 1,400
residents over a period of 10 years between 2001 and 2010.  Similar
undercounts throughout New York City and State contributed to the loss
of two Congressional seats in the Empire State and the loss of tens of
millions of dollars annually from federal funding appropriated via
population counts of states.

The 2010 Census aggravated the undercount of the 2000 Census. The
undercount deprived New York of desperately needed federal funding for
education, health care and infrastructure. New York is about to allow
another undercount during the upcoming 2020 Census if it does not take
significant planning action across all institutional levels of the
state, its localities and nongovernmental agencies.

This legislation sets in action a proposal that will help ensure that
the 2020 Census is a complete count of the residents of New York
State. In 2009, NYS appropriated $2 million dollars to help with
public awareness on the importance of the 2010 Census. That amount
translated into roughly a ten cents (yes - tens cents) investment in
every New Yorker. That low level of investment and attention given to
the important functions of the Census led to the documented
undercount. This mistake cannot be repeated, especially considering
that our State's slow population growth has it in line to lose another
Congressional member after the 2020 Census.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect April 1, 2017 and shall expire and be
deemed repealed December 31, 2020.

2015-S7458A (ACTIVE) - Bill Text download pdf

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

                                 7458--A

                            I N  S E N A T E

                               May 3, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to establish the New York state 2020  complete  count  commission
  and  providing for its powers and duties; and providing for the repeal
  of such provisions upon expiration thereof

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

  Section 1. Commission established. (a) A commission to be known as the
New  York state 2020 complete count commission, hereafter referred to as
the commission, is hereby established to identify issues that  may  have
led  to  past  United States census undercounts in New York state and to
make recommendations to ensure an accurate  count  in  the  2020  United
States census.
  (b) The commission shall consist of sixteen members to be appointed as
follows:
  (i) four members, including the chair and co-chair, shall be appointed
by  the  governor  from  executive  agencies and organizations that have
significant interaction with the general public;
  (ii) two members shall be appointed by the governor from  agencies  of
the  city of New York that have significant interaction with the general
public;
  (iii) two members shall be  appointed  by  the  governor  representing
interests of regions outside of the city of New York;
  (iv) three members shall be appointed by the speaker of the assembly;
  (vi)  one  member  shall  be  appointed  by the minority leader of the
assembly;
  (vii) three members shall be appointed by the temporary  president  of
the senate; and
  (vi) one member appointed by the minority leader of the senate.
  (c)  The  appointments  made pursuant to this act shall, to the extent
practicable, reflect the diversity of the residents of this  state  with
regard  to  race, ethnicity, gender, language, age, and geographic resi-

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

                                                           LBD14704-04-6

S. 7458--A                          2

dence and, to the extent practicable the appointing  authorities  shall,
in  considering  potential  appointees  to  the commission, consult with
organizations devoted to  representing  municipalities  and  educational
institutions, and organizations providing services to the elderly, chil-
dren,  minority  communities,  and individuals and communities to combat
poverty.
  (d) The members of the commission shall receive  no  compensation  for
their  services as members, but shall be reimbursed for their actual and
necessary expenses incurred in the performance of their duties.
  (e) Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, no  officer,  member  or
employee  of the state or of any public corporation shall forfeit his or
her office or employment by reason of his or her acceptance of  appoint-
ment as a member of the commission, nor shall service as such commission
member be deemed incompatible or in conflict with such office or employ-
ment.
  (f) The commission may appoint such staff as may be necessary to carry
out  its  duties.  Such  staff  shall  receive no compensation for their
services but shall be reimbursed for their actual and necessary expenses
incurred by them in the performance of the commission's duties.
  S 2. Powers and duties of the commission.  (a)  The  commission  shall
study,  examine  and  review the issues that may have led to past United
States census undercounts in New York state and shall  make  recommenda-
tions to ensure an accurate count in the 2020 United States census.
  (b) The commission may meet and hold public hearings and events within
the state.
  (c) The commission may establish committees and workgroups in further-
ance  of  the  purposes  set  forth in this act, and may include on such
committees and workgroups individuals who are not members of the commis-
sion.
  (d) The commission may request and shall receive from any subdivision,
department, board, commission, office, agency, or other  instrumentality
of  the  state  or of any political subdivision thereof such facilities,
assistance and data reasonably available as it deems necessary or desir-
able for the proper execution of its powers and duties and to effectuate
the purposes set forth in this act.
  (e) The commission is authorized  and  empowered  to  enter  into  any
agreements and to do and perform any acts that may be necessary, desira-
ble  or  proper  to  carry  out the purposes and objectives of this act,
including entering into contracts in furtherance of  the  provisions  of
this act.
  (f) On or before October 1, 2017, the commission shall transmit to the
governor  and  the  legislature  a  report containing an overview of the
issues that may have led to past United States census undercounts in New
York state and a comprehensive action plan for state and  local  govern-
mental and non-governmental agencies to work together to ensure an accu-
rate  count  in  the  2020  United States census. Such report shall also
include recommendations on state funds for the next two  ensuing  fiscal
years  necessary  to  ensure an accurate count in the 2020 United States
census.
  (g) On or before May 1, 2018, the commission  shall  transmit  to  the
governor and the Legislature a report detailing the actions taken by the
commission  since  the initial report, and detail how any appropriations
made for the 2018-2019 fiscal year will be used to meet the  recommenda-
tions  and  action  plan  made  in  the commission's initial report, and
include any recommended changes to its previous recommendations on state

S. 7458--A                          3

funds necessary to ensure an accurate count in the  2020  United  States
census.
  (h) On or before January 1, 2020, the commission shall transmit to the
governor  and the legislature a final report detailing the actions taken
by the commission since the previous report, and detail how  any  appro-
priations made have been and will be used to ensure an accurate count in
the  2020 United States census. The report shall also include any recom-
mended additional state funds necessary to meet the recommendations  and
action plan made in the commission's initial report.
  (i)  The  performance  of the commission's duties, purposes and objec-
tives shall be executed within amounts made available  by  appropriation
therefor.
  (j)  The  commission  shall  continue  in existence until December 31,
2020.
  S 3. This act shall take effect April 1, 2017 and shall expire and  be
deemed repealed December 31, 2020.

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