Assembly Bill A10534

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10534
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Burke) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office of domestic terrorism
 
   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  709-b
 to read as follows:
   §  709-B. OFFICE OF DOMESTIC TERRORISM. 1. THERE IS HEREBY ESTABLISHED
 THE OFFICE OF DOMESTIC TERRORISM TO MONITOR,  ANALYZE,  INVESTIGATE  AND
 COMBAT  DOMESTIC  TERRORISM, WHITE SUPREMACIST AND NEO-NAZI INFILTRATION
 OF GOVERNMENT AGENCIES. SUCH  OFFICE  SHALL  BE  HEADED  BY  A  DIRECTOR
 APPOINTED PURSUANT TO SECTION SEVEN HUNDRED NINE OF THIS ARTICLE.
   2.  THE  DIRECTOR  SHALL ENSURE THAT THE OFFICE ESTABLISHED UNDER THIS
 SECTION SHALL:
   (A) HAVE AN ADEQUATE NUMBER  OF  EMPLOYEES  TO  PERFORM  THE  REQUIRED
 DUTIES;
   (B)  HAVE  NOT LESS THAN ONE EMPLOYEE DEDICATED TO ENSURING COMPLIANCE
 WITH CIVIL RIGHTS AND CIVIL LIBERTIES LAWS AND REGULATIONS; AND
   (C) REQUIRE THAT ALL EMPLOYEES UNDERGO ANNUAL ANTI-BIAS TRAINING.
   3. THE OFFICE SHALL BE RESPONSIBLE FOR  INVESTIGATING  ALL  LEVELS  OF
 GOVERNMENT  EMPLOYEES  FOR  EXTREME  AFFILIATIONS OR BELIEFS THAT MAY BE
 THREATENING OR INCITE VIOLENCE AGAINST  ANOTHER  PERSON  OR  PERSONS  IN
 WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING
 THE  RACE,  COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR
 EXPRESSION, RELIGION, RELIGIOUS  PRACTICE,  AGE,  DISABILITY  OR  SEXUAL
 ORIENTATION  OF  SUCH  PERSON OR PERSONS, OR DAMAGE TO PRIVATE OR PUBLIC
 PROPERTY ASSOCIATED IN WHOLE OR IN SUBSTANTIAL PART WITH SUCH BELIEFS OR
 PERCEPTIONS.
   4. NOTHING IN THIS SECTION, OR ANY AMENDMENT MADE BY THIS SECTION, MAY
 BE CONSTRUED TO AUTHORIZE THE INFRINGEMENT OR  VIOLATION  OF  ANY  RIGHT
 PROTECTED  UNDER  THE  FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED
 STATES OR AN APPLICABLE PROVISION OF STATE OR FEDERAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15937-01-2
              

 A. 10534                            2
 
   § 2. Subdivisions 3, 4, 5 and 6 of section 709 of the  executive  law,
 as amended by section 1 of part N of chapter 55 of the laws of 2013, are
 amended to read as follows:
   3.  The  division  of  homeland  security and emergency services shall
 consist of several offices including, but not limited to, the office  of
 counterterrorism,  which  shall  have the powers, and be responsible for
 carrying out the duties, including but not limited to those set forth in
 section seven hundred nine-a of this article;  THE  OFFICE  OF  DOMESTIC
 TERRORISM,  WHICH SHALL HAVE THE POWERS, AND BE RESPONSIBLE FOR CARRYING
 OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN  SECTION
 SEVEN  HUNDRED  NINE-B  OF THIS ARTICLE; the office of emergency manage-
 ment, which shall have the powers, and be responsible for  carrying  out
 the  duties,  including  but  not  limited to those set forth in article
 two-B of this chapter; the office of fire prevention and control,  which
 shall  have  the powers, and be responsible for carrying out the duties,
 including but not limited to those set forth in article  six-C  of  this
 chapter  and  the  office of interoperable and emergency communications,
 which shall have the powers, and be responsible  for  carrying  out  the
 duties,  including  but  not limited to those set forth in section seven
 hundred seventeen of this article.
   4. As set forth in section seven hundred  ten  of  this  article,  the
 commissioner of the division of homeland security and emergency services
 shall  be  appointed by the governor, with the advice and consent of the
 senate, and hold office at the pleasure of the governor.  The  directors
 of  the  offices  of  counterterrorism,  DOMESTIC  TERRORISM,  emergency
 management, fire prevention and control, and interoperable and emergency
 communications, and such other offices as may be established,  shall  be
 appointed  by, and hold office at the pleasure of, the governor and they
 shall report to the commissioner of the division  of  homeland  security
 and emergency services.
   5.  The directors of the offices of counterterrorism, DOMESTIC TERROR-
 ISM, emergency management, fire prevention  and  control,  interoperable
 and emergency communications, and of such other offices as may be estab-
 lished, shall, in consultation with the commissioner, have the authority
 to  promulgate  rules  and  regulations to carry out the duties of their
 office, including the establishment of fees necessary to compensate  for
 costs associated with the delivery of training and services.
   6.  The directors of the offices of counterterrorism, DOMESTIC TERROR-
 ISM, emergency management, fire prevention  and  control,  interoperable
 and  emergency  communications,  and such other offices as may be estab-
 lished, shall have the  authority  to  enter  into  contracts  with  any
 person, firm, corporation, municipality, or government entity.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.