S T A T E O F N E W Y O R K
________________________________________________________________________
3722
2019-2020 Regular Sessions
I N A S S E M B L Y
January 30, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Housing
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.
LBD01261-01-9
A. 3722 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.