S T A T E O F N E W Y O R K
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1486
2011-2012 Regular Sessions
I N A S S E M B L Y
January 10, 2011
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Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law, in relation to enacting the commu-
nity needs integrity act and establishing the community need review
commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "community needs integrity act".
3 S 2. The legislative law is amended by adding a new article 6-A to
4 read as follows:
5 ARTICLE 6-A
6 COMMUNITY NEED REVIEW COMMISSION
7 SECTION 95. COMMUNITY NEED REVIEW COMMISSION.
8 96. POWERS AND DUTIES OF THE COMMISSION.
9 97. COMMUNITY NEEDS INTEGRITY PLAN.
10 S 95. COMMUNITY NEED REVIEW COMMISSION. THERE IS HEREBY ESTABLISHED A
11 COMMUNITY NEED REVIEW COMMISSION WHICH SHALL CONSIST OF TWELVE MEMBERS,
12 TO BE APPOINTED AS FOLLOWS: THREE MEMBERS SHALL BE APPOINTED BY THE
13 TEMPORARY PRESIDENT OF THE SENATE, THREE MEMBERS SHALL BE APPOINTED BY
14 THE SPEAKER OF THE ASSEMBLY, THREE MEMBERS SHALL BE APPOINTED BY THE
15 MINORITY LEADER OF THE SENATE AND THREE MEMBERS SHALL BE APPOINTED BY
16 THE MINORITY LEADER OF THE ASSEMBLY. EACH MEMBER OF THE COMMISSION SHALL
17 SERVE AT THE PLEASURE OF THE OFFICIAL WHO APPOINTED HIM OR HER. VACAN-
18 CIES IN THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED IN THE MANNER
19 PROVIDED FOR ORIGINAL APPOINTMENTS. THE MEMBERS OF THE COMMISSION SHALL
20 RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE REIMBURSED FOR
21 THE ACTUAL AND NECESSARY EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF
22 THEIR DUTIES PURSUANT TO THIS ARTICLE.
23 S 96. POWERS AND DUTIES OF THE COMMISSION. THE COMMUNITY NEED REVIEW
24 COMMISSION, IN COOPERATION WITH THE ATTORNEY GENERAL AND THE COMP-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01954-01-1
A. 1486 2
1 TROLLER, SHALL REVIEW AND OVERSEE THE DISTRIBUTION OF MEMBER ITEM FUNDS
2 SET FORTH IN THE STATE BUDGET. IN CARRYING OUT THIS OBJECTIVE, SUCH
3 COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
4 1. TO SAFEGUARD THE INTEGRITY AND OPENNESS OF THE PROCESS OF DETERMIN-
5 ING HOW MEMBER ITEMS SHALL BE DISTRIBUTED;
6 2. TO ENSURE THAT THE PUBLIC HAS ACCESS TO SUCH PROCESS;
7 3. TO ESTABLISH GUIDELINES FOR PRIORITIZING AND RANKING REQUESTS FOR
8 MEMBER ITEMS;
9 4. TO PROVIDE A MECHANISM WHEREBY REQUESTS FOR MEMBER ITEMS ARE MADE
10 AVAILABLE TO THE PUBLIC ON OR BEFORE MARCH SEVENTEENTH OF EACH YEAR;
11 5. TO PROVIDE A MECHANISM WHEREBY FINAL FUNDING DECISIONS REGARDING
12 THE DISTRIBUTION OF MEMBER ITEMS ARE MADE AVAILABLE TO THE PUBLIC ON OR
13 BEFORE APRIL EIGHTH OF EACH YEAR; AND
14 6. TO DEVELOP A COMMUNITY NEEDS INTEGRITY PLAN CONSISTENT WITH THE
15 PROVISIONS OF SECTION NINETY-SEVEN OF THIS ARTICLE.
16 S 97. COMMUNITY NEEDS INTEGRITY PLAN. THE COMMUNITY NEED REVIEW
17 COMMISSION SHALL ESTABLISH A COMMUNITY NEEDS INTEGRITY PLAN. SUCH PLAN
18 SHALL PROVIDE FOR THE FOLLOWING:
19 1. FAIR DISTRIBUTION OF MEMBER ITEM FUNDS TO ALL REGIONS OF THE STATE;
20 2. MEMBER ITEM FUNDS BE AWARDED TO PROGRAMS BASED ON THE NEED, QUALITY
21 AND MERIT OF THE PROGRAM OR PROJECT;
22 3. MEMBER ITEMS BE SET FORTH IN A DETAILED MANNER, OPEN TO THE PUBLIC
23 WITH SPECIFIC REFERENCES TO THE PROGRAM OR PROJECT BEING FUNDED;
24 4. SANCTIONS FOR MEMBER ITEM FUNDS INAPPROPRIATELY DISBURSED;
25 5. MECHANISMS TO RECOUP INAPPROPRIATELY DISBURSED MEMBER ITEM FUNDS;
26 6. ANY OTHER PROVISION THE COMMISSION DEEMS APPROPRIATE.
27 S 3. This act shall take effect immediately.