NY State Senate Bill 2017-S5809A

Senate Bill S5809A

2017-2018 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2018	print number 5809a
Feb 27, 2018	amend and recommit to corporations, authorities and commissions
Jan 03, 2018	referred to corporations, authorities and commissions
May 02, 2017	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5809 - Details

See Assembly Version of this Bill:: A4348
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Commissions
Versions Introduced in 2015-2016 Legislative Session:: S7458, A9554

2017-S5809 - 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.

2017-S5809 - Sponsor Memo

                                 BILL NUMBER:  S5809

 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 BILL :

This bill establishes 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 help ensure that an accurate count during the
2020 US Census is completed in New York State. 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 the 2020 United
States Census. The commission shall consist of 16 members that shall
include:

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. In reality,
Queens borough had such overcrowding that schools were turning back
students from registering in community schools and thousands of single
family homes have been converted to multiple family dwellings. There
was an obvious and very clear undercount that occurred in Queens and
throughout New York State.

Similar earlier undercounts throughout New York State arguably
contributed to the loss of two Congressional seats in the Empire State
and the loss of $1.5 to $1.8 billion dollars annually from federal
funding appropriated via population count. That means that New York
State will have lost as much as $18 billion dollars between 2011 and
2021 because of the state- wide undercount.

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 at risk to
allow for 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 an approximately ten cents investment for every New
Yorker counted.

That low level of investment and attention given to the important
functions of the Census led to the documented undercount. This
oversight should not be repeated, especially considering that our
State's slow population growth rate has it in line to lose another
Congressional member after the 2020 Census.

 PRIOR LEGISLATIVE HISTORY :

New Legislation in 2016, A. 9554. Passed Assembly. Died in Senate.

 FISCAL IMPLICATIONS :

To be determined by the funding recommendations required from the
commission established in this section of law.

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

2017-S5809 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5809
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 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 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;
   (v) one member shall be appointed by the minority leader of the assem-
 bly;
   (vi)  three  members  shall be appointed by the temporary president of
 the senate; and
   (vii) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09045-02-7

 S. 5809                             2
 
 regard to race, ethnicity, gender, language, age, and  geographic  resi-
 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.
   §  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 March 1, 2018, 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 March 1, 2019, 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 2019-2020 fiscal year will be used to meet the  recommenda-
 tions  and  action  plan  made  in  the commission's initial report, and

 S. 5809                             3
 
 include any recommended changes to its previous recommendations on state
 funds necessary to ensure an accurate count in the  2020  United  States
 census.
   (h)  On  or  before November 1, 2019, 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
 appropriations made have been and will be used  to  ensure  an  accurate
 count  in  the  2020 United States census. The report shall also include
 any recommended additional state funds necessary to meet the recommenda-
 tions 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.
   § 3. This act shall take effect immediately.

co-Sponsors

2017-S5809A (ACTIVE) - Details

See Assembly Version of this Bill:: A4348
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Commissions
Versions Introduced in 2015-2016 Legislative Session:: S7458, A9554

2017-S5809A (ACTIVE) - Summary

2017-S5809A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5809A

SPONSOR: KLEIN
 
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 BILL:

This bill establishes 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 commis-
sion be created to help ensure that an accurate count during the 2020 US
Census is completed in New York State. 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 the 2020 United States
Census. The commission shall consist of 16 members that shall include:

4 members appointed by the Governor from executive agencies and organ-
izations 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 practica-
ble, 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 resi-
dents over a period of 10 years between 2001 and 2010. In reality,
Queens borough had such overcrowding that schools were turning back
students from registering in community schools and thousands of single
family homes have been converted to multiple family dwellings. There was
an obvious and very clear undercount that occurred in Queens and
throughout New York State.

Similar earlier undercounts throughout New York State arguably contrib-
uted to the loss of two Congressional seats in the Empire State and the
loss of $1.5 to $1.8 billion dollars annually from federal funding
appropriated via population count. That means that New York State will
have lost as much as $18 billion dollars between 2011 and 2021 because
of the state- wide undercount.

The 2010 Census aggravated the undercount of the 2000 Census. The under-
count deprived New York of desperately needed federal funding for educa-
tion, health care and infrastructure. New York is at risk to allow for
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 aware-
ness on the importance of the 2010 Census. That amount translated into
an approximately ten cents investment for every New Yorker counted.

That low level of investment and attention given to the important func-
tions of the Census led to the documented undercount. This oversight
should not be repeated, especially considering that our State's slow
population growth rate has it in line to lose another Congressional
member after the 2020 Census.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation in 2016, A. 9554. Passed Assembly. Died in Senate.  This
bill amendment in 2018 to an "A" print merely updates the years refer-
enced in this bill.

 
FISCAL IMPLICATIONS:

To be determined by the funding recommendations required from the
commission established in this section of law.

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

2017-S5809A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5809--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 Introduced  by  Sens. KLEIN, STAVISKY -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Corporations,
   Authorities  and Commissions -- recommitted to the Committee on Corpo-
   rations, Authorities and Commissions in accordance with Senate Rule 6,
   sec. 8 -- 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
 
   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;
   (v) one member shall be appointed by the minority leader of the assem-
 bly;
   (vi)  three  members  shall be appointed by the temporary president of
 the senate; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09045-04-8

 S. 5809--A                          2
 
   (vii) 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-
 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.
   § 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 January 10, 2019, 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 2019-2020 fiscal year
 necessary to ensure an accurate count in the 2020 United States census.
   (g) On or before January 10, 2020, 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 appropri-

 S. 5809--A                          3
 
 ations made for the 2019-2020 fiscal year  will  be  used  to  meet  the
 recommendations and action plan made in the commission's initial report,
 and  include  any recommended changes to its previous recommendations on
 state  funds  necessary  to  ensure an accurate count in the 2020 United
 States census.
   (h) The commission shall continue  in  existence  until  December  31,
 2020.
   § 3. This act shall take effect immediately.

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Senate Bill S5809A

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Bill Amendments

co-Sponsors

Toby Ann Stavisky

2017-S5809 - Details

2017-S5809 - Summary

2017-S5809 - Sponsor Memo

2017-S5809 - Bill Text download pdf

co-Sponsors

Shelley B. Mayer

Luis R. Sepúlveda

Toby Ann Stavisky

2017-S5809A (ACTIVE) - Details

2017-S5809A (ACTIVE) - Summary

2017-S5809A (ACTIVE) - Sponsor Memo

2017-S5809A (ACTIVE) - Bill Text download pdf

Comments