S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9004
 
                             I N  S E N A T E
 
                               June 12, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT establishing a temporary  state  commission  to  study  and  make
   recommendations  on  the  effectiveness  of the AMBER Alert; making an
   appropriation  therefor;  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. A temporary state commission, to be known as the commission
 on AMBER Alert effectiveness, hereafter referred to as  the  commission,
 is  hereby  created  to evaluate and make recommendations concerning the
 effectiveness of the AMBER Alert system.
   § 2. (a) The commission shall  consist  of  thirteen  members,  to  be
 appointed  as  follows:  three  members to be appointed by the temporary
 president of the senate; three members to be appointed by the speaker of
 the assembly; two members to be appointed by the governor; one member to
 be appointed by the minority leader of the  senate;  one  member  to  be
 appointed  by  the minority leader of the assembly; two members shall be
 from the New York State Police and one member shall be from the  Depart-
 ment  of  Criminal  Justice  Services.  The appointees shall have demon-
 strated expertise in the AMBER Alert system and shall include but not be
 limited to members  from  district  attorney's  offices  and  local  law
 enforcement.    The  governor  shall designate the chairperson and vice-
 chairperson of the commission.   Vacancies  in  the  membership  of  the
 commission and among its officers shall be filled in the manner provided
 for original appointments or designations.
   (b)  The  members  of the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties under this act. The  commis-
 sion  may  employ  and  at pleasure remove such personnel as it may deem
 necessary for the performance of its functions  and  fix  their  compen-
 sation within the amounts made available by appropriation therefor.
   (c)  All  departments or agencies of the state or subdivisions thereof
 shall, at the request of the chairperson, provide  the  commission  such
 facilities,  assistance, and data as will enable the commission to carry
 out its powers and duties.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16248-01-8

 S. 9004                             2
 
   § 3. Specifically the commission shall evaluate at least  the  follow-
 ing:
   (a) the current activation criteria of the AMBER Alert;
   (b) the notification procedures once the AMBER Alert is activated;
   (c)  the partners used to disseminate information and interstate coop-
 eration;
   (d) methods of disseminating information to the public  including  the
 technology and any current limitations of the system; and
   (e) the effectiveness of the AMBER Alert system.
   §  4.  (a)  For the accomplishment of its purposes, the commission may
 meet and hold public and/or  private  hearings  within  or  without  the
 state, and shall have all the powers of a legislative committee pursuant
 to  the  legislative  law. The commission is authorized and empowered to
 undertake any studies, inquiries, surveys or analyses it may deem  rele-
 vant  through  its  own personnel or in cooperation with or by agreement
 with any other public or private agency.
   (b) To the maximum extent feasible, the  commission  may  request  and
 shall be entitled to receive and shall utilize and be provided with such
 facilities,  resources and data from any court in the state and from any
 subdivision, department, board, bureau, commission,  office,  agency  or
 other instrumentality of the state or of any political subdivision ther-
 eof  as  it deems necessary or desirable for the proper execution of its
 powers and duties and to effectuate the purposes set forth in this act.
   (c) The commission is hereby authorized and empowered  to  enter  into
 any  agreements  and  to  do and perform any acts that may be necessary,
 desirable or proper to carry out the purposes  and  objectives  of  this
 act.
   §  5. The commission shall make recommendations and submit a report of
 its findings. The  commission  shall  submit  such  recommendations  and
 report  developed by it relating to the effectiveness of the AMBER Alert
 system and any improvements that may be taken towards the activation and
 dissemination of the alert, including any recommendations  for  legisla-
 tive  action  as it may deem necessary and appropriate, to the governor,
 the temporary president of the senate and the speaker of the assembly no
 later than the three months after this act shall have become a law.  The
 commission shall issue a binding recommendation which shall be presented
 to the legislature to completely accept or reject such recommendation.
   §  6.  The sum of fifty thousand dollars ($50,000), or so much thereof
 as may  be  necessary,  is  hereby  appropriated  to  pay  the  expenses
 incurred,  including personal service, in carrying out the provisions of
 this act. Such moneys shall be payable out of the state treasury in  the
 general  fund to the credit of the state purposes account after audit by
 and on the  warrant  of  the  comptroller  upon  vouchers  certified  or
 approved  by  the  chairperson  or vice-chairperson of the commission as
 prescribed by law.
   § 7. This  act  shall  take  effect  immediately;  provided  that  the
 provisions  of this act shall expire and be deemed repealed on the first
 day next succeeding the date of the submission of the report as required
 in section five of this act; and provided  further,  however,  that  the
 chairperson  of  the  temporary  commission on AMBER Alert effectiveness
 shall  notify  the  legislative  bill  drafting  commission   upon   the
 submission  of its report as provided for in section five of this act in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effecting the provisions of section 44 of the legislative
 law and section 70-b of the public officers law.