S T A T E O F N E W Y O R K
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1083
2019-2020 Regular Sessions
I N S E N A T E
January 10, 2019
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Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the education law and the state finance law, in relation
to creating a firearm violence research institute; 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 education law is amended by adding a new section 239-c
to read as follows:
§ 239-C. NEW YORK STATE FIREARM VIOLENCE RESEARCH INSTITUTE. 1.
INSTITUTE FORMATION AND GOALS. THE NEW YORK STATE FIREARM VIOLENCE
RESEARCH INSTITUTE, HEREINAFTER THE "INSTITUTE", IS HEREBY CREATED WITH-
IN THE UNIVERSITY. THE PURPOSES OF THE INSTITUTE SHALL INCLUDE:
(A) ADVISING THE GOVERNOR, GOVERNMENTAL AGENCIES, THE REGENTS, AND THE
LEGISLATURE ON MATTERS RELATING TO FIREARM VIOLENCE IN NEW YORK STATE;
(B) FOSTERING, PURSUING AND SPONSORING COLLABORATIVE FIREARM VIOLENCE
RESEARCH;
(C) INCREASING UNDERSTANDING BY ESTABLISHING AND REPORTING ON WHAT IS
KNOWN AND WHAT IS NOT KNOWN ABOUT FIREARM VIOLENCE OF THE STATE;
(D) IDENTIFYING PRIORITY NEEDS FOR FIREARM VIOLENCE RESEARCH AND
INVENTORY WORK WITHIN NEW YORK THAT CURRENTLY ARE NOT RECEIVING ADEQUATE
ATTENTION, AND IDENTIFYING PUBLIC OR PRIVATE ENTITIES THAT ARE BEST
SITUATED TO ADDRESS SUCH NEEDS, THEREBY LEADING TO BETTER COORDINATION
OF FIREARM VIOLENCE RESEARCH EFFORTS IN THE STATE;
(E) PROMOTING AWARENESS OF EXISTING AND NEW SOURCES OF FIREARM
VIOLENCE INFORMATION AND FIREARM VIOLENCE WHILE EDUCATING ELECTED OFFI-
CIALS, GOVERNMENTAL AGENCIES, AND THE GENERAL PUBLIC ON FIREARM VIOLENCE
ISSUES THROUGH SUCH MEANS AS IT MAY DETERMINE;
(F) ORGANIZING AND SPONSORING MEETINGS ON FIREARM VIOLENCE TOPICS;
(G) ENCOURAGING THE ESTABLISHMENT OF NETWORKS OF COLLABORATING EXPERTS
ENGAGED IN RELATED ASPECTS OF FIREARM VIOLENCE RESEARCH;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00790-01-9
S. 1083 2
(H) RAISING SENSITIVITY TO FIREARM VIOLENCE CONCERNS AMONG STATE AND
LOCAL GOVERNMENT AGENCIES, AND SERVING AS A FORUM FOR ENHANCED INTERA-
GENCY INFORMATION SHARING AND COOPERATION;
(I) RECOMMENDING PRIORITY ACTIVITIES FOR FUNDING THROUGH THE FIREARM
VIOLENCE RESEARCH FUND, CREATED PURSUANT TO SECTION NINETY-SEVEN-J OF
THE STATE FINANCE LAW;
(J) WORKING ON A CONTINUING BASIS WITH POLICYMAKERS IN THE LEGISLATURE
AND STATE AGENCIES TO IDENTIFY, IMPLEMENT, AND EVALUATE INNOVATIVE
FIREARM VIOLENCE PREVENTION POLICIES AND PROGRAMS;
(K) RECRUITING AND PROVIDING SPECIALIZED TRAINING OPPORTUNITIES FOR
NEW RESEARCHERS, INCLUDING EXPERIENCED INVESTIGATORS IN RELATED FIELDS
WHO ARE BEGINNING WORK ON FIREARM VIOLENCE, YOUNG INVESTIGATORS WHO HAVE
COMPLETED THEIR EDUCATION, POSTDOCTORAL SCHOLARS, DOCTORAL STUDENTS, AND
UNDERGRADUATES;
(L) SUPPLEMENTING ITS OWN RESEARCH BY ADMINISTERING A SMALL GRANTS
PROGRAM FOR RESEARCH ON FIREARM VIOLENCE, FUNDED THROUGH A RESEARCH
ACCOUNT IN THE FIREARM VIOLENCE RESEARCH FUND PURSUANT TO SECTION NINE-
TY-SEVEN-J OF THE STATE FINANCE LAW. ALL RESEARCH FUNDS SHALL BE AWARDED
ON THE BASIS OF SCIENTIFIC MERIT AS DETERMINED BY AN OPEN, COMPETITIVE
PEER REVIEW PROCESS THAT ASSURES OBJECTIVITY, CONSISTENCY, AND HIGH
QUALITY. ALL QUALIFIED INVESTIGATORS, REGARDLESS OF INSTITUTIONAL AFFIL-
IATION, SHALL HAVE EQUAL ACCESS AND OPPORTUNITY TO COMPETE FOR THE FUNDS
IN SUCH RESEARCH ACCOUNT. THE INSTITUTE SHALL REQUIRE THE USE OF A
RIGOROUS PEER REVIEW PROCESS FOR THE SELECTION OF GRANTS AWARDED UNDER
THIS PROGRAM AND SHALL BE MODELED AFTER THE PROCESS USED BY THE NATIONAL
INSTITUTES OF HEALTH IN ITS GRANTMAKING PROCESS; AND
(M) PROVIDING COPIES OF THEIR RESEARCH PUBLICATIONS TO THE LEGISLATURE
AND TO AGENCIES SUPPLYING DATA USED IN THE CONDUCT OF SUCH RESEARCH AS
SOON AS IS PRACTICABLE FOLLOWING PUBLICATION.
2. RESEARCH. THE INSTITUTE SHALL FOSTER, PURSUE, AND SPONSOR BASIC,
TRANSLATIONAL, AND TRANSFORMATIVE RESEARCH, FIELD STUDIES, AND ALL OTHER
SUCH ACTIVITIES TO RESEARCH:
(A) THE NATURE OF FIREARM VIOLENCE, INCLUDING INDIVIDUAL AND SOCIETAL
DETERMINANTS OF RISK FOR INVOLVEMENT IN FIREARM VIOLENCE, WHETHER AS A
VICTIM OR A PERPETRATOR;
(B) THE INDIVIDUAL, COMMUNITY, AND SOCIETAL CONSEQUENCES OF FIREARM
VIOLENCE;
(C) THE PREVENTION AND TREATMENT OF FIREARM VIOLENCE AT THE INDIVID-
UAL, COMMUNITY, AND SOCIETAL LEVELS; AND
(D) THE EFFECTIVENESS OF EXISTING LAWS AND POLICIES INTENDED TO REDUCE
FIREARM VIOLENCE, INCLUDING THE CRIMINAL MISUSE OF FIREARMS, AND EFFORTS
TO PROMOTE THE RESPONSIBLE OWNERSHIP AND USE OF FIREARMS.
3. EDUCATION AND INFORMATION TRANSFER PROGRAMS. THE INSTITUTE SHALL
FOSTER THE COLLECTION, TRANSFER, AND APPLICATION OF FIREARM VIOLENCE
INFORMATION IN THE STATE BY:
(A) FOSTERING ACCESS, COMPATIBILITY, INTERCHANGE, AND SYNTHESIS OF
DATA ABOUT FIREARM VIOLENCE MAINTAINED BY PUBLIC ENTITIES, ACADEMIC AND
RESEARCH INSTITUTIONS, AND PRIVATE ORGANIZATIONS;
(B) EMPLOYING ADVANCED TECHNOLOGY TO COORDINATE FOR EASE OF USE OF THE
SCATTERED FIREARM VIOLENCE RESOURCES OF THE STATE; AND
(C) SUPPORTING THE PREPARATION AND PUBLICATION OF INTERPRETATIVE WORKS
THAT DRAW UPON FIREARM VIOLENCE RESOURCES.
4. QUINQUENNIAL REPORTS. THE INSTITUTE SHALL PREPARE AND SUBMIT A
REPORT ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY AND EVERY FIVE
YEARS THEREAFTER TO THE GOVERNOR AND THE LEGISLATURE DESCRIBING PROGRAMS
UNDERTAKEN OR SPONSORED BY THE INSTITUTE, THE STATUS OF KNOWLEDGE
S. 1083 3
REGARDING THE STATE'S FIREARM VIOLENCE, AND RESEARCH NEEDS RELATED THER-
ETO.
5. EXECUTIVE COMMITTEE. THE INSTITUTE SHALL BE GUIDED BY AN EXECUTIVE
COMMITTEE. MEMBERS OF THE COMMITTEE SHALL BE FROM VARYING BACKGROUNDS
WITH MEMBERS SELECTED FROM THE SCIENTIFIC COMMUNITY, ACADEMIC COMMUNITY,
AS WELL AS FROM GOVERNMENT SERVICE. SUCH COMMITTEE SHALL CONSIST OF
SEVENTEEN MEMBERS INCLUDING THE COMMISSIONER, THE COMMISSIONER OF CRIMI-
NAL JUSTICE SERVICES, THE COMMISSIONER OF HEALTH, THE CHANCELLOR OF THE
UNIVERSITY OR THEIR DESIGNEES, SEVEN AT LARGE MEMBERS APPOINTED BY THE
GOVERNOR, ONE OF WHOM SHALL BE CHAIRPERSON, TWO MEMBERS APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER APPOINTED BY THE MINORITY
LEADER OF THE SENATE, TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEM-
BLY AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
APPOINTED MEMBERS SHALL SERVE FOR A TERM OF THREE YEARS, PROVIDED THAT
SUCH MEMBERS MAY BE REAPPOINTED. THE EXECUTIVE COMMITTEE SHALL:
(A) ADOPT POLICIES, PROCEDURES, AND CRITERIA GOVERNING THE PROGRAMS
AND OPERATIONS OF THE INSTITUTE;
(B) RECOMMEND TO THE GOVERNOR AND LEGISLATURE APPROPRIATE ACTIONS TO
DEAL WITH FIREARM VIOLENCE WITHIN THE STATE;
(C) DEVELOP AND IMPLEMENT THE RESEARCH, EDUCATION AND INFORMATION
TRANSFER PROGRAMS OF THE INSTITUTE;
(D) IDENTIFY AND RATE PROPOSALS FOR FIREARM VIOLENCE RESEARCH;
(E) SUBMIT TO THE DIRECTOR OF THE BUDGET, AND THE CHAIRPERSONS OF THE
SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON
THE FIRST DAY OF OCTOBER, TWO THOUSAND NINETEEN AND ON OR BEFORE AUGUST
FIRST EACH YEAR THEREAFTER, A BUDGET REQUEST FOR THE EXPENDITURE OF
FUNDS AVAILABLE FROM THE FIREARM VIOLENCE RESEARCH FUND, FOR THE
PURPOSES ESTABLISHED BY SECTION NINETY-SEVEN-J OF THE STATE FINANCE LAW;
AND
(F) MEET PUBLICLY AT LEAST TWICE A YEAR. THE COMMITTEE SHALL WIDELY
DISSEMINATE NOTICE OF ITS MEETINGS AT LEAST TWO WEEKS PRIOR TO EACH
MEETING. THE COMMISSIONERS ON THE EXECUTIVE COMMITTEE AND THE CHANCELLOR
OF THE UNIVERSITY SHALL AID IN SUCH DISSEMINATION.
6. SCIENTIFIC WORKING GROUP. THE EXECUTIVE COMMITTEE SHALL APPOINT A
SCIENTIFIC WORKING GROUP COMPOSED OF NOT MORE THAN FIFTEEN INDIVIDUALS
REPRESENTING GOVERNMENTAL AGENCIES, ACADEMIC OR RESEARCH INSTITUTIONS,
EDUCATIONAL ORGANIZATIONS, THE FIREARM INDUSTRY AND RELATED NON-PROFIT
ORGANIZATIONS. MEMBERS OF THE SCIENTIFIC WORKING GROUP SHALL HAVE KNOW-
LEDGE AND EXPERTISE IN FIREARM VIOLENCE RESEARCH AND SHALL SERVE FOR A
TERM OF THREE YEARS, PROVIDED, HOWEVER THAT MEMBERS MAY BE REAPPOINTED
FOR MORE THAN ONE TERM AT THE DISCRETION OF THE EXECUTIVE COMMITTEE. THE
SCIENTIFIC WORKING GROUP SHALL MAKE RECOMMENDATIONS TO THE EXECUTIVE
COMMITTEE WITH RESPECT TO:
(A) THE IDENTIFICATION OF PRIORITY FIREARM VIOLENCE RESEARCH NEEDS IN
THE STATE;
(B) THE DEVELOPMENT AND IMPLEMENTATION OF THE INSTITUTE'S RESEARCH,
EDUCATION, AND INFORMATION TRANSFER PROGRAMS;
(C) THE ALLOCATION AND EXPENDITURE OF FUNDS FROM THE FIREARM VIOLENCE
RESEARCH FUND CREATED PURSUANT TO SECTION NINETY-SEVEN-J OF THE STATE
FINANCE LAW; AND
(D) IDENTIFICATION AND RATING OF PROPOSALS FOR FIREARM VIOLENCE
RESEARCH.
7. INSTITUTE DIRECTOR. THE INSTITUTE SHALL HAVE A DIRECTOR WHO SHALL
BE APPOINTED BY THE EXECUTIVE COMMITTEE AND SHALL AFTER APPOINTMENT BE
AN EMPLOYEE OF THE STATE UNIVERSITY. THE INSTITUTE DIRECTOR SHALL SERVE
AT THE PLEASURE OF THE EXECUTIVE COMMITTEE. THE INSTITUTE DIRECTOR SHALL
S. 1083 4
SERVE AS CHIEF ADMINISTRATIVE OFFICER OF THE INSTITUTE AND PROVIDE THE
NECESSARY SUPPORT FOR THE EXECUTIVE COMMITTEE.
8. COMPENSATION. THE MEMBERS OF THE EXECUTIVE COMMITTEE AND THE SCIEN-
TIFIC WORKING GROUP SHALL SERVE WITHOUT ADDITIONAL COMPENSATION, BUT
SHALL BE ELIGIBLE TO RECEIVE REIMBURSEMENT FOR THEIR ACTUAL AND NECES-
SARY EXPENSES FROM THE FIREARM VIOLENCE RESEARCH FUND ESTABLISHED BY
SECTION NINETY-SEVEN-J OF THE STATE FINANCE LAW, PROVIDED HOWEVER,
MEMBERS OF THE EXECUTIVE COMMITTEE REPRESENTING STATE AGENCIES MAY
RECEIVE REIMBURSEMENT FOR THEIR ACTUAL AND NECESSARY EXPENSES FROM THEIR
RESPECTIVE AGENCIES. MEMBERS OF THE EXECUTIVE COMMITTEE AND SCIENTIFIC
WORKING GROUP SHALL BE CONSIDERED STATE EMPLOYEES FOR THE PURPOSES OF
SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC OFFICERS LAW.
9. MEMORANDUM OF UNDERSTANDING. THE DEPARTMENT, THE DEPARTMENT OF
HEALTH, THE DEPARTMENT OF MOTOR VEHICLES, AND THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL ENTER INTO A WRITTEN MEMORANDUM OF UNDERSTANDING
TO FACILITATE THE APPROPRIATE IMPLEMENTATION OF THE FIREARM VIOLENCE
RESEARCH INSTITUTE AND THE GOALS, RESPONSIBILITIES, AND PROGRAMS ESTAB-
LISHED BY THIS SECTION.
§ 2. The state finance law is amended by adding a new section 97-j to
read as follows:
§ 97-J. FIREARM VIOLENCE RESEARCH FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND TO BE KNOWN AS THE FIREARM VIOLENCE RESEARCH
FUND.
2. THE FIREARM VIOLENCE RESEARCH FUND SHALL CONSIST OF ALL MONEYS
CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE, INCLUDING
ANY FEDERAL, STATE, OR PRIVATE FUNDS, PURSUANT TO LAW FOR THE PURPOSES
OF FIREARM VIOLENCE RESEARCH.
3. MONEYS IN THE FIREARM VIOLENCE RESEARCH FUND MAY BE INVESTED BY THE
COMPTROLLER PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE, AND ANY
INCOME RECEIVED BY THE COMPTROLLER SHALL BE USED FOR THE PURPOSES OF
SUCH FUND.
4. THE MONEYS HELD IN OR CREDITED TO THE FUND SHALL BE EXPENDED FOR
THE PURPOSES SET FORTH IN THIS SECTION, AND MAY NOT BE INTERCHANGED OR
COMMINGLED WITH ANY OTHER ACCOUNT OR FUND BUT MAY BE COMMINGLED WITH ANY
OTHER FUND OR ACCOUNT FOR INVESTMENT PURPOSES.
5. MONEYS IN THE FIREARM VIOLENCE RESEARCH FUND, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE, SHALL BE AVAILABLE TO THE NEW YORK FIREARM
VIOLENCE RESEARCH INSTITUTE FOR FIREARM VIOLENCE RESEARCH, EDUCATION,
AND INFORMATION TRANSFER PROGRAMS AS SET FORTH IN SECTION TWO HUNDRED
THIRTY-NINE-C OF THE EDUCATION LAW.
§ 3. The sum of two million dollars ($2,000,000), or so much thereof
may be necessary, is hereby appropriated to the firearm violence
research fund out of any moneys in the state treasury in the general
fund, for administration of the New York state firearm violence research
institute.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
action, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date is authorized and
directed to be made and completed by the commissioner of education on or
before such effective date.
