NY State Senate Bill 2017-S6838

Senate Bill S6838

2017-2018 Legislative Session

Establishes the deceased police officer, firefighter and emergency medical services family housing assistance program, and appropriates $10,000,000 therefor

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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
Jan 03, 2018	referred to finance
Jul 26, 2017	referred to rules

2017-S6838 (ACTIVE) - Details

See Assembly Version of this Bill:: A8670
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §45-a, Exec L; add §85, St Fin L
Versions Introduced in 2019-2020 Legislative Session:: A3722

2017-S6838 (ACTIVE) - Summary

Establishes the deceased police officer, firefighter and emergency medical services family housing assistance program within the department of audit and control to provide monthly payments to the dependent families of deceased police officers, paid firefighters and paid municipal emergency medical services personnel who died in the course of their duties; such monthly payments, not in excess of $1,000, shall be for the rent or mortgage payment on the primary residence of the family; and appropriates $10,000,000 therefor.

2017-S6838 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6838

 TITLE OF BILL :  An act to amend the executive law, in relation to
establishing the deceased police officer, firefighter and emergency
medical services family housing assistance program; to amend the state
finance law, in relation to the deceased police officer family housing
fund; and making an appropriation therefor

 PURPOSE :

To provide financial assistance to the spouse and/or dependents of a
deceased public protection employee.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends the executive law by adding a new section 45-a,
which establishes the Deceased Police Officer, Firefighter, and
Emergency Medical Services Family Housing Assistance Program.

Section 2: Amends the state finance law by adding a new section 85,
which establishes the Deceased Police Officer, Firefighter, and
Emergency Medical Services Family Housing Fund, a special fund to be
administered by the state comptroller.

Section 3: Sets forth the amount to be appropriated to the Deceased
Police Officer, Firefighter, and Emergency Medical Services Family

Housing Fund.

Section 4: Sets forth the effective date.

 JUSTIFICATION :

At present, the spouse and/or dependents of a deceased public
protection employee, who is killed in the line of duty are able to
secure various forms of financial assistance. This assistance can come
in the form of pension benefits, life insurance payments, and/or
direct financial contributions from non-profit organizations. This
legislation would add to these various forms of assistance by
establishing the Deceased Police Officer, Firefighter, and Emergency
Medical Services Family Housing Fund.

This fund would provide direct financial support to the spouse and/or
dependents of deceased public protection employees who have been
killed in the line of duty. Specifically, it would provide up to
$1,000 per month/per family to help offset the cost of rent payments
or mortgage payments for eligible spouse and/or dependents. With the
addition of this housing assistance fund, the spouse and/or dependents
of a deceased public protection employee can rest easier knowing that
one of the larger financial obligations that they face will be
covered, in-whole or in-part.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

Appropriates $10,000,000 to the Deceased Police Officer Family Housing
Fund from the State Treasury General Fund.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and complete on or before such
effective date.

2017-S6838 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6838
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               July 26, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   deceased  police  officer,  firefighter and emergency medical services
   family housing assistance program; to amend the state finance law,  in
   relation  to  the  deceased  police  officer  family housing fund; and
   making an appropriation therefor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new section 45-a
 to read as follows:
   § 45-A. DECEASED POLICE OFFICER,  FIREFIGHTER  AND  EMERGENCY  MEDICAL
 SERVICES  FAMILY HOUSING ASSISTANCE PROGRAM. 1. FOR THE PURPOSES OF THIS
 SECTION:
   (A) "DECEASED PUBLIC PROTECTION EMPLOYEE" MEANS: (1) A POLICE OFFICER,
 AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20  OF  THE  CRIMINAL
 PROCEDURE  LAW  WHO  DIED  AS  THE  NATURAL  AND PROXIMATE RESULT OF THE
 PERFORMANCE OF HIS OR HER DUTIES AS A POLICE OFFICER;
   (2) A PAID MUNICIPAL FIREFIGHTER WHO DIED AS THE NATURAL AND PROXIMATE
 RESULT OF THE PERFORMANCE OF HIS OR HER DUTIES AS A FIREFIGHTER; OR
   (3) A PAID MEMBER OF A MUNICIPAL EMERGENCY MEDICAL SERVICE WHO DIED AS
 THE NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE OF HIS OR HER DUTIES
 WHILE PROVIDING EMERGENCY MEDICAL SERVICES.
   (B) "DEPARTMENT" MEANS THE DEPARTMENT OF AUDIT AND CONTROL.
   (C) "FAMILY" MEANS THE SPOUSE  AND/OR  ANY  DEPENDENT  OF  A  DECEASED
 PUBLIC PROTECTION EMPLOYEE, WHEN FIFTY-ONE OR MORE PERCENT OF THE INCOME
 FOR  THE  SUPPORT  OF  SUCH  SPOUSE AND/OR DEPENDENT WAS ATTRIBUTABLE TO
 INCOME EARNED BY THE DECEASED PUBLIC PROTECTION EMPLOYEE WHILE HE OR SHE
 WAS ALIVE.
   (D) "HOUSING EXPENSE" MEANS, THE MONTHLY RENT  PAID  FOR  THE  PRIMARY
 RESIDENCE OF THE FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE, OR THE
 MONTHLY  PAYMENT  UPON  A  BOND  OR  NOTE SECURED BY A MORTGAGE UPON THE
 PRIMARY RESIDENCE OF THE FAMILY OF A DECEASED PUBLIC PROTECTION  EMPLOY-
 EE.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13321-05-7

 S. 6838                             2
 
   2.  THERE SHALL BE ESTABLISHED, IN THE DEPARTMENT, THE DECEASED POLICE
 OFFICER, FIREFIGHTER  AND  EMERGENCY  MEDICAL  SERVICES  FAMILY  HOUSING
 ASSISTANCE  PROGRAM.  THE  PURPOSE  OF  SUCH PROGRAM SHALL BE TO PROVIDE
 MONTHLY PAYMENTS TO THE FAMILIES OF DECEASED PUBLIC PROTECTION EMPLOYEES
 FOR THEIR HOUSING EXPENSES. PROVIDED THAT:
   (A)  NO  SUCH  MONTHLY  PAYMENT  TO  ANY  FAMILY  OF A DECEASED PUBLIC
 PROTECTION EMPLOYEE SHALL EXCEED ONE THOUSAND DOLLARS;
   (B)  SUCH  MONTHLY  PAYMENTS  TO  ANY  FAMILY  OF  A  DECEASED  PUBLIC
 PROTECTION  EMPLOYEE  SHALL  NOT BE PAID FOR ANY PERIOD IN EXCESS OF TEN
 YEARS;
   (C) NO SUCH MONTHLY PAYMENT SHALL EXCEED  THE  HOUSING  EXPENSE  OF  A
 FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE; AND
   (D)  THE DEPARTMENT SHALL ANNUALLY REVIEW EACH SUCH FAMILY'S ELIGIBIL-
 ITY FOR MONTHLY PAYMENTS PURSUANT TO THIS SECTION.
   3. A FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE  SEEKING  MONTHLY
 PAYMENTS  FOR ITS HOUSING EXPENSES PURSUANT TO THIS SECTION SHALL SUBMIT
 AN APPLICATION TO THE DEPARTMENT IN SUCH FORM AND HAVING SUCH CONTENT AS
 SHALL BE DETERMINED BY THE COMPTROLLER BY  RULE.  THE  DEPARTMENT  SHALL
 THEREAFTER MAKE A DETERMINATION UPON EACH APPLICATION WITHIN THIRTY DAYS
 OF  THE  RECEIPT  THEREOF. IN THE EVENT OF THE DENIAL OF AN APPLICATION,
 THE DEPARTMENT SHALL PROVIDE THE APPLICANT WITH THE  REASON  OR  REASONS
 FOR SUCH DENIAL IN WRITING.
   4. THE COMPTROLLER SHALL PROMULGATE AND IMPLEMENT SUCH RULES AND REGU-
 LATIONS  AS  HE  OR  SHE  SHALL  DEEM  TO  BE NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SECTION.
   § 2. The state finance law is amended by adding a new  section  85  to
 read as follows:
   §  85.  DECEASED  POLICE  OFFICER,  FIREFIGHTER  AND EMERGENCY MEDICAL
 SERVICES FAMILY HOUSING FUND. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
 CUSTODY  OF  THE  STATE  COMPTROLLER  A  SPECIAL FUND TO BE KNOWN AS THE
 "DECEASED POLICE OFFICER, FIREFIGHTER  AND  EMERGENCY  MEDICAL  SERVICES
 FAMILY HOUSING FUND".
   2.  SUCH  FUND  SHALL  CONSIST OF ALL MONEYS APPROPRIATED, CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO  LAW,  AND
 ANY MONEYS CONTRIBUTED OR DONATED THERETO.
   3.  THE  MONEYS OF THE FUND, FOLLOWING APPROPRIATION THEREOF, SHALL BE
 EXPENDED FOR THE PURPOSES OF THE DECEASED  POLICE  OFFICER,  FIREFIGHTER
 AND  EMERGENCY MEDICAL SERVICES FAMILY HOUSING ASSISTANCE PROGRAM ESTAB-
 LISHED PURSUANT TO SECTION FORTY-FIVE-A OF THE EXECUTIVE LAW. MONEYS  OF
 THE  FUND  SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE STATE COMP-
 TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY HIM OR HER.
   § 3. The sum of ten million dollars ($10,000,000), or so much  thereof
 as may be necessary, is hereby appropriated to the deceased police offi-
 cer,  firefighter  and  emergency  medical services family housing fund,
 established pursuant to section 85 of the state finance law, out of  any
 moneys  in  the  state treasury in the general fund to the credit of the
 state purposes account, not otherwise appropriated, and made immediately
 available, for purpose of carrying out the purposes of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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