STATE OF NEW YORK ________________________________________________________________________ 3008 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. SIMON, QUART, JAFFEE, MOSLEY, ABINANTI, D'URSO, ROZIC, BLAKE, L. ROSENTHAL, GOTTFRIED, STECK, LAVINE, CARROLL, RIVERA, ORTIZ, PAULIN, O'DONNELL, VANEL, LUPARDO, AUBRY, FAHY, DE LA ROSA, ARROYO, WRIGHT, SEAWRIGHT, PICHARDO, DAVILA, WILLIAMS, GALEF, BUCHWALD, WEPRIN, HEVESI, TITUS -- Multi-Sponsored by -- M. of A. COOK, CROUCH, ENGLEBRIGHT, LENTOL -- read once and referred to the Committee on Higher Education 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: 1 Section 1. The education law is amended by adding a new section 239-c 2 to read as follows: 3 § 239-c. New York state firearm violence research institute. 1. 4 Institute formation and goals. The New York state firearm violence 5 research institute, hereinafter the "institute", is hereby created with- 6 in the university. The purposes of the institute shall include: 7 (a) advising the governor, governmental agencies, the regents, and the 8 legislature on matters relating to firearm violence in New York state; 9 (b) fostering, pursuing and sponsoring collaborative firearm violence 10 research; 11 (c) increasing understanding by establishing and reporting on what is 12 known and what is not known about firearm violence of the state; 13 (d) identifying priority needs for firearm violence research and 14 inventory work within New York that currently are not receiving adequate 15 attention, and identifying public or private entities that are best 16 situated to address such needs, thereby leading to better coordination 17 of firearm violence research efforts in the state; 18 (e) promoting awareness of existing and new sources of firearm 19 violence information and firearm violence while educating elected offi- 20 cials, governmental agencies, and the general public on firearm violence 21 issues through such means as it may determine; 22 (f) organizing and sponsoring meetings on firearm violence topics; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00790-02-9A. 3008 2 1 (g) encouraging the establishment of networks of collaborating experts 2 engaged in related aspects of firearm violence research; 3 (h) raising sensitivity to firearm violence concerns among state and 4 local government agencies, and serving as a forum for enhanced intera- 5 gency information sharing and cooperation; 6 (i) recommending priority activities for funding through the firearm 7 violence research fund, created pursuant to section ninety-seven-j of 8 the state finance law; 9 (j) working on a continuing basis with policymakers in the legislature 10 and state agencies to identify, implement, and evaluate innovative 11 firearm violence prevention policies and programs; 12 (k) recruiting and providing specialized training opportunities for 13 new researchers, including experienced investigators in related fields 14 who are beginning work on firearm violence, young investigators who have 15 completed their education, postdoctoral scholars, doctoral students, and 16 undergraduates; 17 (l) supplementing its own research by administering a small grants 18 program for research on firearm violence, funded through a research 19 account in the firearm violence research fund pursuant to section nine- 20 ty-seven-j of the state finance law. All research funds shall be awarded 21 on the basis of scientific merit as determined by an open, competitive 22 peer review process that assures objectivity, consistency, and high 23 quality. All qualified investigators, regardless of institutional affil- 24 iation, shall have equal access and opportunity to compete for the funds 25 in such research account. The institute shall require the use of a 26 rigorous peer review process for the selection of grants awarded under 27 this program and shall be modeled after the process used by the national 28 institutes of health in its grantmaking process; and 29 (m) providing copies of their research publications to the legislature 30 and to agencies supplying data used in the conduct of such research as 31 soon as is practicable following publication. 32 2. Research. The institute shall foster, pursue, and sponsor basic, 33 translational, and transformative research, field studies, and all other 34 such activities to research: 35 (a) the nature of firearm violence, including individual and societal 36 determinants of risk for involvement in firearm violence, whether as a 37 victim or a perpetrator; 38 (b) the individual, community, and societal consequences of firearm 39 violence; 40 (c) the prevention and treatment of firearm violence at the individ- 41 ual, community, and societal levels; and 42 (d) the effectiveness of existing laws and policies intended to reduce 43 firearm violence, including the criminal misuse of firearms, and efforts 44 to promote the responsible ownership and use of firearms. 45 3. Education and information transfer programs. The institute shall 46 foster the collection, transfer, and application of firearm violence 47 information in the state by: 48 (a) fostering access, compatibility, interchange, and synthesis of 49 data about firearm violence maintained by public entities, academic and 50 research institutions, and private organizations; 51 (b) employing advanced technology to coordinate for ease of use of the 52 scattered firearm violence resources of the state; and 53 (c) supporting the preparation and publication of interpretative works 54 that draw upon firearm violence resources. 55 4. Quinquennial reports. The institute shall prepare and submit a 56 report on or before January first, two thousand twenty and every fiveA. 3008 3 1 years thereafter to the governor and the legislature describing programs 2 undertaken or sponsored by the institute, the status of knowledge 3 regarding the state's firearm violence, and research needs related ther- 4 eto. 5 5. Executive committee. The institute shall be guided by an executive 6 committee. Members of the committee shall be from varying backgrounds 7 with members selected from the scientific community, academic community, 8 as well as from government service. Such committee shall consist of 9 seventeen members including the commissioner, the commissioner of crimi- 10 nal justice services, the commissioner of health, the chancellor of the 11 university or their designees, seven at large members appointed by the 12 governor, one of whom shall be chairperson, two members appointed by the 13 temporary president of the senate, one member appointed by the minority 14 leader of the senate, two members appointed by the speaker of the assem- 15 bly and one member appointed by the minority leader of the assembly. 16 Appointed members shall serve for a term of three years, provided that 17 such members may be reappointed. The executive committee shall: 18 (a) adopt policies, procedures, and criteria governing the programs 19 and operations of the institute; 20 (b) recommend to the governor and legislature appropriate actions to 21 deal with firearm violence within the state; 22 (c) develop and implement the research, education and information 23 transfer programs of the institute; 24 (d) identify and rate proposals for firearm violence research; 25 (e) submit to the director of the budget, and the chairpersons of the 26 senate finance committee and the assembly ways and means committee on 27 the first day of October, two thousand nineteen and on or before August 28 first each year thereafter, a budget request for the expenditure of 29 funds available from the firearm violence research fund, for the 30 purposes established by section ninety-seven-j of the state finance law; 31 and 32 (f) meet publicly at least twice a year. The committee shall widely 33 disseminate notice of its meetings at least two weeks prior to each 34 meeting. The commissioners on the executive committee and the chancellor 35 of the university shall aid in such dissemination. 36 6. Scientific working group. The executive committee shall appoint a 37 scientific working group composed of not more than fifteen individuals 38 representing governmental agencies, academic or research institutions, 39 educational organizations, the firearm industry and related non-profit 40 organizations. Members of the scientific working group shall have know- 41 ledge and expertise in firearm violence research and shall serve for a 42 term of three years, provided, however that members may be reappointed 43 for more than one term at the discretion of the executive committee. The 44 scientific working group shall make recommendations to the executive 45 committee with respect to: 46 (a) the identification of priority firearm violence research needs in 47 the state; 48 (b) the development and implementation of the institute's research, 49 education, and information transfer programs; 50 (c) the allocation and expenditure of funds from the firearm violence 51 research fund created pursuant to section ninety-seven-j of the state 52 finance law; and 53 (d) identification and rating of proposals for firearm violence 54 research. 55 7. Institute director. The institute shall have a director who shall 56 be appointed by the executive committee and shall after appointment beA. 3008 4 1 an employee of the state university. The institute director shall serve 2 at the pleasure of the executive committee. The institute director shall 3 serve as chief administrative officer of the institute and provide the 4 necessary support for the executive committee. 5 8. Compensation. The members of the executive committee and the scien- 6 tific working group shall serve without additional compensation, but 7 shall be eligible to receive reimbursement for their actual and neces- 8 sary expenses from the firearm violence research fund established by 9 section ninety-seven-j of the state finance law, provided however, 10 members of the executive committee representing state agencies may 11 receive reimbursement for their actual and necessary expenses from their 12 respective agencies. Members of the executive committee and scientific 13 working group shall be considered state employees for the purposes of 14 sections seventeen and nineteen of the public officers law. 15 9. Memorandum of understanding. The department, the department of 16 health, the department of motor vehicles, and the division of criminal 17 justice services shall enter into a written memorandum of understanding 18 to facilitate the appropriate implementation of the firearm violence 19 research institute and the goals, responsibilities, and programs estab- 20 lished by this section. 21 § 2. The state finance law is amended by adding a new section 97-j to 22 read as follows: 23 § 97-j. Firearm violence research fund. 1. There is hereby established 24 in the joint custody of the state comptroller and the commissioner of 25 taxation and finance a fund to be known as the firearm violence research 26 fund. 27 2. The firearm violence research fund shall consist of all moneys 28 credited or transferred thereto from any other fund or source, including 29 any federal, state, or private funds, pursuant to law for the purposes 30 of firearm violence research. 31 3. Moneys in the firearm violence research fund may be invested by the 32 comptroller pursuant to section ninety-eight-a of this article, and any 33 income received by the comptroller shall be used for the purposes of 34 such fund. 35 4. The moneys held in or credited to the fund shall be expended for 36 the purposes set forth in this section, and may not be interchanged or 37 commingled with any other account or fund but may be commingled with any 38 other fund or account for investment purposes. 39 5. Moneys in the firearm violence research fund, following appropri- 40 ation by the legislature, shall be available to the New York firearm 41 violence research institute for firearm violence research, education, 42 and information transfer programs as set forth in section two hundred 43 thirty-nine-c of the education law. 44 § 3. The sum of five million dollars ($5,000,000), or so much thereof 45 as may be necessary, is hereby appropriated to the firearm violence 46 research fund out of any moneys in the state treasury in the general 47 fund, for administration of the New York state firearm violence research 48 institute. 49 § 4. This act shall take effect on the ninetieth day after it shall 50 have become a law; provided, however, that effective immediately, the 51 action, amendment and/or repeal of any rule or regulation necessary for 52 the implementation of this act on its effective date is authorized and 53 directed to be made and completed by the commissioner of education on or 54 before such effective date.