This bill has been amended

Bill A4013-2011

Enacts the executive reorganization act of 2011 relating to the gubernatorial reorganization of governmental agencies and functions

Enacts the executive reorganization act of 2011 relating to the gubernatorial reorganization of governmental agencies and functions.

Details

Actions

  • Feb 1, 2011: referred to ways and means

Text

STATE OF NEW YORK ________________________________________________________________________ S. 2813 A. 4013 S E N A T E - A S S E M B L Y February 1, 2011 ___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the executive law, in relation to gubernatorial reorgan- ization of governmental agencies and functions, subject to disapproval by the legislature; and to amend the legislative law, in relation to formulation of a concurrent resolution incorporating gubernatorial reorganization 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 article 3-A to read as follows: ARTICLE 3-A EXECUTIVE REORGANIZATION ACT OF 2011 SECTION 33. SHORT TITLE. 34. DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE. 35. DEFINITIONS. 36. FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN; TRANSMITTAL TO LEGISLATURE; FILING WITH SECRETARY OF STATE. 37. CONTENTS OF REORGANIZATION PLAN. 38. PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN. 39. EFFECTIVE DATE OF REORGANIZATION PLAN. 39-A. EFFECT ON ACTIONS OR PROCEEDINGS. 39-B. SEVERABILITY. S 33. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "EXECUTIVE REORGANIZATION ACT OF 2011". S 34. DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE. 1. THE GOVERNOR, FROM TIME TO TIME, SHALL EXAMINE THE ORGANIZATION OF ALL
AGENCIES AND SHALL DETERMINE WHAT CHANGES THEREIN ARE NECESSARY TO ACCOMPLISH ONE OR MORE OF THE FOLLOWING PURPOSES: (A) TO PROMOTE THE BETTER EXECUTION OF THE LAWS, THE MORE EFFECTIVE MANAGEMENT OF THE GOVERNMENT AND OF ITS AGENCIES AND FUNCTIONS, AND THE EXPEDITIOUS ADMINISTRATION OF PUBLIC BUSINESS; (B) TO REDUCE EXPENDITURES AND PROMOTE ECONOMY TO THE FULLEST EXTENT CONSISTENT WITH THE EFFICIENT OPERATION OF THE GOVERNMENT; (C) TO INCREASE THE EFFICIENCY OF THE OPERATIONS OF THE GOVERNMENT TO THE FULLEST EXTENT PRACTICABLE; (D) TO GROUP, CONSOLIDATE, COORDINATE AND MERGE AGENCIES AND FUNCTIONS OF THE GOVERNMENT; (E) TO REDUCE THE NUMBER OF AGENCIES BY CONSOLIDATING THOSE HAVING SIMILAR FUNCTIONS, AND TO ABOLISH SUCH AGENCIES OR FUNCTIONS THEREOF AS MAY NOT BE NECESSARY FOR THE EFFICIENT CONDUCT OF THE GOVERNMENT; AND (F) TO ELIMINATE OVERLAP AND DUPLICATION OF EFFORT. 2. THE LEGISLATURE DECLARES THAT THE PUBLIC INTEREST IS BEST SERVED BY FULFILLING THE PURPOSES SET FORTH IN THIS SECTION AND THAT SUCH PURPOSES MAY BE ACCOMPLISHED MORE SPEEDILY AND EFFECTIVELY UNDER THIS ARTICLE. S 35. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "AGENCY" MEANS: (A) ANY ADMINISTRATIVE UNIT OF STATE GOVERNMENT, INCLUDING, BUT NOT LIMITED TO, ANY AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, OFFICE, STATE PUBLIC AUTHORITY, STATE TASK FORCE, OR OTHER BODY, OR PARTS THEREOF, HOWEVER DESIGNATED, WHETHER OR NOT IT RECEIVES LEGISLATIVE APPROPRIATIONS, BUT DOES NOT INCLUDE ANY ENTITY WHOSE PRIMA- RY FUNCTION IS SERVICE TO THE LEGISLATIVE OR JUDICIAL BRANCHES OF STATE GOVERNMENT, THE DEPARTMENT OF LAW OR THE DEPARTMENT OF AUDIT AND CONTROL; (B) ANY OFFICE OR OFFICER IN ANY AGENCY, EXCEPT THE DEPARTMENT OF LAW AND DEPARTMENT OF AUDIT AND CONTROL; AND (C) ANY STATE PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION CREATED BY OR EXISTING UNDER ANY STATE LAW, OR PARTS THEREOF, HOWEVER DESIG- NATED, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE, OTHER THAN AN INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC BENEFIT CORPO- RATION, INCLUDING ANY SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION. 2. "ASSEMBLY" MEANS THE NEW YORK STATE ASSEMBLY. 3. "FUNCTION" MEANS ANY ACTIVITY, ASSIGNMENT, DUTY, POWER, RESPONSI- BILITY, RIGHT, SET OF OPERATIONS OR OTHER ACTIVITY. 4. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK. 5. "LEGISLATURE" MEANS THE LEGISLATURE OF THE STATE OF NEW YORK. 6. "OFFICER" MEANS EVERY OFFICER APPOINTED BY ONE OR MORE STATE OFFI- CERS, OR BY THE LEGISLATURE, AND AUTHORIZED TO EXERCISE THEIR OFFICIAL FUNCTIONS THROUGHOUT THE ENTIRE STATE, OR WITHOUT LIMITATION TO ANY POLITICAL SUBDIVISION OF THE STATE, AND IS NOT LIMITED TO PERSONS RECEIVING COMPENSATION FOR THEIR SERVICES. 7. "REGULATION OR OTHER ACTION" MEANS ANY REGULATION, RULE, ORDER, POLICY, DETERMINATION, DIRECTIVE, AUTHORIZATION, PERMIT, PRIVILEGE, REQUIREMENT, DESIGNATION, OR OTHER ACTION. 8. "REORGANIZATION" OR "REORGANIZE" MEANS: (A) THE TRANSFER OF THE WHOLE OR ANY PART OF ANY AGENCY, OR OF THE WHOLE OR ANY PART OF THE FUNCTIONS THEREOF, TO THE JURISDICTION AND CONTROL OF ANY OTHER AGENCY; (B) THE ABOLITION OF ALL OR ANY PART OF THE FUNCTIONS OF ANY AGENCY;
(C) THE CONSOLIDATION, COORDINATION OR MERGER OF THE WHOLE OR ANY PART OF ANY AGENCY, OR OF THE WHOLE OR ANY PART OF THE FUNCTIONS THERE- OF, WITH THE WHOLE OR ANY PART OF ANY OTHER AGENCY OR THE FUNCTIONS THEREOF; (D) THE CONSOLIDATION, COORDINATION OR MERGER, OF ANY PART OF ANY AGENCY OR THE FUNCTIONS THEREOF WITH ANY OTHER PART OF THE SAME AGENCY OR THE FUNCTIONS THEREOF; (E) THE AUTHORIZATION OF ANY NON-ELECTIVE OFFICER TO DELEGATE ANY OF THEIR FUNCTIONS; (F) THE ABOLITION OF THE WHOLE OR ANY PART OF ANY AGENCY WHICH DOES NOT HAVE, OR UPON THE TAKING EFFECT OF REORGANIZATION WILL NOT HAVE, ANY FUNCTIONS; OR (G) THE ESTABLISHMENT OF A NEW AGENCY TO PERFORM THE WHOLE OR ANY PART OF THE FUNCTIONS OF ANY EXISTING AGENCY OR AGENCIES. 9. "REORGANIZATION PLAN" OR "PLAN" SHALL MEAN A WRITTEN DOCUMENT PREPARED BY THE GOVERNOR, AND SUBMITTED TO THE LEGISLATURE, THAT CONTAINS TERMS AND INFORMATION REGARDING THE REORGANIZATION OF ONE OR MORE AGENCIES PURSUANT TO THIS ARTICLE. 10. "SENATE" MEANS THE NEW YORK STATE SENATE. S 36. FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN; TRANSMIT- TAL TO LEGISLATURE; FILING WITH SECRETARY OF STATE. 1. WHENEVER THE GOVERNOR FINDS IT IN THE PUBLIC INTEREST, HE OR SHE MAY REORGANIZE ONE OR MORE AGENCIES. 2. WHERE A REORGANIZATION OF AN AGENCY REQUIRES THE FORCE OF LAW, IT SHALL BE IMPLEMENTED THROUGH A REORGANIZATION PLAN, WHICH THE GOVERNOR SHALL TRANSMIT TO THE SENATE AND ASSEMBLY ON A DAY ON WHICH BOTH HOUSES OF THE LEGISLATURE SHALL BE MEETING, SEPARATELY OR TOGETHER, IN THE COURSE OF A REGULAR OR SPECIAL SESSION. 3. A COPY OF THE PLAN SHALL BE FILED WITH THE SECRETARY OF STATE WHO SHALL PUBLISH IT IN THE STATE REGISTER AS SOON AFTER RECEIPT AS POSSI- BLE. S 37. CONTENTS OF REORGANIZATION PLAN. 1. A REORGANIZATION PLAN SHALL: (A) SET FORTH A DESCRIPTION OF THE NATURE AND PURPOSES OF THE REORGAN- IZATION, TOGETHER WITH AN EXPLANATION OF THE ADVANTAGES THAT WILL RESULT FROM ITS IMPLEMENTATION; (B) SPECIFY WITH RESPECT TO EACH FUNCTION THAT IS EITHER ABOLISHED OR MERGED WITH ANOTHER FUNCTION INCLUDED IN THE PLAN THE STATUTORY AUTHORI- TY FOR THE EXERCISE OF THE FUNCTION; (C) PROVIDE FOR THE UNINTERRUPTED CONDUCT OF THE GOVERNMENTAL SERVICES AND FUNCTIONS AFFECTED BY BUT NOT ABSORBED BY THE PLAN; (D) PROVIDE FOR THE TRANSFER, ASSUMPTION OR OTHER DISPOSITION OF THE RECORDS, PROPERTY, AND PERSONNEL AFFECTED BY A REORGANIZATION, FURTHER PROVIDED, SHOULD ANY EMPLOYEES BE TRANSFERRED FROM ONE AGENCY TO ANOTH- ER, THAT SUCH TRANSFER WILL BE WITHOUT FURTHER EXAMINATION OR QUALIFICA- TION AND SUCH EMPLOYEES SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS, STATUS AND COLLECTIVE BARGAINING UNIT DESIGNATIONS AND BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS; (E) PROVIDE FOR TERMINATING THE AFFAIRS OF AN AGENCY ABOLISHED; (F) SET FORTH EVERY LAW AND CHAPTER THAT WILL BE DIRECTLY IMPACTED PURSUANT TO THE REORGANIZATION PLAN; (G) PROVIDE FOR THE TRANSFER OF SUCH UNEXPENDED BALANCES OF APPROPRI- ATIONS AND REAPPROPRIATION OF REMAINING EXPENDED OR UNEXPENDED FUNDS WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED OR UNOBLIGATED, AVAILABLE FOR USE IN CONNECTION WITH A FUNCTION OR AGENCY AFFECTED BY A REORGANIZATION, AS NECESSARY BY REASON OF THE REORGANIZATION FOR USE IN
CONNECTION WITH THE FUNCTIONS AFFECTED BY THE REORGANIZATION, OR FOR THE USE OF THE AGENCY WHICH SHALL HAVE THE FUNCTIONS AFTER THE REORGANIZA- TION PLAN IS EFFECTIVE. HOWEVER, THE UNEXPENDED BALANCES SO TRANSFERRED MAY BE USED ONLY FOR THE PURPOSES FOR WHICH THE APPROPRIATION WAS ORIGINALLY MADE; (H) PROVIDE THAT NO EXISTING RIGHT OR REMEDY OF ANY CHARACTER SHALL BE LOST, IMPAIRED OR AFFECTED BY ANY REORGANIZATION PLAN; (I) PROVIDE THAT NO ACTION OR PROCEEDING PENDING AT ANY TIME WHEN SUCH REORGANIZATION PLAN TAKES EFFECT, BROUGHT BY OR AGAINST ANY AGENCY WHICH IS SUBJECT TO SUCH PLAN, SHALL BE AFFECTED BY ANY PROVISION OF THE PLAN, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF SUCH AGENCY. IN ALL SUCH ACTIONS AND PROCEEDINGS, IF AN AGENCY IS ELIMINATED AND ITS FUNCTIONS AND RESPONSIBILITIES ARE TRANSFERRED, THEN THE HEAD OF THE SURVIVING AGENCY, UPON APPLICATION OF THE COURT, SHALL BE SUBSTITUTED AS A PARTY; (J) DESCRIBE IN DETAIL: (I) OTHER ACTIONS, IF ANY, NECESSARY TO PLAN TO COMPLETE THE REORGAN- IZATION; (II) THE ANTICIPATED NATURE AND SUBSTANCE OF ANY ORDERS, DIRECTIVES, AND OTHER ADMINISTRATIVE AND OPERATIONAL ACTIONS WHICH ARE EXPECTED TO BE REQUIRED FOR COMPLETING OR IMPLEMENTING THE REORGANIZATION; AND (III) ANY PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN THE IMPLEMENTA- TION PROCESS; AND (K) PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE IMPLEMENTATION PROCESS. 2. A REORGANIZATION PLAN MAY: (A) CHANGE THE NAME OF AN AGENCY AFFECTED BY A REORGANIZATION AND THE TITLE OF ITS HEAD, AND SHALL DESIGNATE THE NAME OF AN AGENCY RESULTING FROM A REORGANIZATION AND THE TITLE OF ITS HEAD; (B) INCLUDE PROVISIONS FOR THE APPOINTMENT AND COMPENSATION OF THE HEAD AND ONE OR MORE OFFICERS OF AN AGENCY (INCLUDING AN AGENCY RESULT- ING FROM A CONSOLIDATION OR OTHER TYPE OF REORGANIZATION) IF THE GOVER- NOR FINDS AND DECLARES THAT BY REASON OF A REORGANIZATION MADE BY THE PLAN THE PROVISIONS ARE IN THE PUBLIC INTEREST. THE AGENCY HEAD MAY BE AN INDIVIDUAL OR MAY BE A COMMISSION OR BOARD WITH MORE THAN ONE MEMBER. IN ANY CASE, THE TERM OF OFFICE MAY NOT BE FIXED FOR A PERIOD IN EXCESS OF THE TERM REMAINING TO BE SERVED BY THE THEN GOVERNOR, THE PAY MAY NOT BE AT A RATE IN EXCESS OF THAT FOUND BY THE GOVERNOR TO BE APPLICABLE TO COMPARABLE OFFICERS IN THE STATE GOVERNMENT, AND, IF THE APPOINTMENT IS NOT TO A POSITION IN THE COMPETITIVE SERVICE, IT SHALL BE MADE BY THE COMMISSIONER OR OTHER CHIEF EXECUTIVE OFFICER, BOARD OR COMMISSION OF THE AGENCY AFFECTED. S 38. PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN. 1. NO REORGANIZATION PLAN SHALL PROVIDE FOR, AND NO REORGANIZATION UNDER THIS ARTICLE SHALL HAVE THE EFFECT OF: (A) CONTINUING AN AGENCY BEYOND THE PERIOD AUTHORIZED BY LAW FOR ITS EXISTENCE OR BEYOND THE TIME WHEN IT WOULD HAVE TERMINATED IF THE REOR- GANIZATION HAD NOT BEEN MADE; (B) CONTINUING ANY FUNCTION BEYOND THE PERIOD AUTHORIZED BY LAW FOR ITS EXERCISE, OR BEYOND THE TIME WHEN IT WOULD HAVE TERMINATED IF THE REORGANIZATION HAD NOT BEEN MADE; (C) AUTHORIZING AN AGENCY TO EXERCISE A FUNCTION THAT IS NOT EXPRESSLY AUTHORIZED BY LAW AT THE TIME THE REORGANIZATION PLAN IS TRANSMITTED TO THE LEGISLATURE; (D) INCREASING THE TERM OF ANY OFFICE BEYOND THAT PROVIDED BY LAW FOR THE OFFICE;
(E) ABOLISHING ANY AGENCY PROVIDED FOR BY THE NEW YORK STATE CONSTITU- TION, OR ABOLISHING OR TRANSFERRING TO THE JURISDICTION AND CONTROL OF ANY SUCH AGENCY ANY FUNCTION CONFERRED BY THE NEW YORK STATE CONSTITU- TION ON AN AGENCY AUTHORIZED BY SUCH CONSTITUTION; (F) ABOLISHING ANY FUNCTION REQUIRED BY FEDERAL LAW OR INTERSTATE COMPACTS; OR (G) VIOLATING ANY COVENANT WITH BONDHOLDERS. 2. NO REORGANIZATION PLAN SHALL HAVE THE EFFECT OF LIMITING IN ANY WAY THE VALIDITY OF ANY STATUTE ENACTED, OR ANY REGULATION OR OTHER ACTION MADE, PRESCRIBED, ISSUED, GRANTED OR PERFORMED IN RESPECT TO OR BY ANY AGENCY BEFORE THE EFFECTIVE DATE OF THE PLAN EXCEPT TO THE EXTENT THAT THE PLAN SPECIFICALLY SO PROVIDES. S 39. EFFECTIVE DATE OF REORGANIZATION PLAN. 1. A REORGANIZATION PLAN SHALL TAKE EFFECT, ON A DATE DESIGNATED BY THE GOVERNOR IF, WITHIN A PERIOD OF THIRTY CALENDAR DAYS AFTER THE DATE ON WHICH THE PLAN IS TRAN- SMITTED TO THE SENATE AND ASSEMBLY, A MAJORITY OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE VOTE TO ADOPT SUCH PLAN BY CONCURRENT RESOL- UTION. 2. UNDER PROVISIONS CONTAINED IN A REORGANIZATION PLAN, A PROVISION OF THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE DATE ON WHICH THE PLAN OTHERWISE IS EFFECTIVE. 3. A REORGANIZATION PLAN APPROVED BY BOTH HOUSES OF THE LEGISLATURE SHALL HAVE THE FORCE AND EFFECT OF LAW. S 39-A. EFFECT ON ACTIONS OR PROCEEDINGS. THIS ARTICLE SHALL NOT AFFECT ACTIONS OR PROCEEDINGS, CIVIL OR CRIMINAL, BROUGHT BY OR AGAINST ANY AGENCY OR OFFICER, THE FUNCTIONS, POWERS AND DUTIES OF WHICH HAVE BEEN TRANSFERRED OR ABOLISHED PURSUANT TO THIS ARTICLE; NOR SHALL ANY REORGANIZATION AFFECT ANY ORDER OR RECOMMENDATION MADE BY, OR OTHER MATTERS OR PROCEEDINGS BEFORE, ANY AGENCY OR OFFICER, THE FUNCTIONS, POWERS AND DUTIES OF WHICH HAVE BEEN TRANSFERRED OR ABOLISHED PURSUANT TO A REORGANIZATION PLAN UNDER THIS ARTICLE. S 39-B. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI- SION, SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG- MENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION. S 2. The legislative law is amended by adding a new section 54-b to read as follows: S 54-B. REORGANIZATION PLAN; FORMULATION OF CONCURRENT RESOLUTION. THE LEGISLATURE SHALL FORMULATE A CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY THAT INCORPORATES, IN WHOLE, A REORGANIZATION PLAN SUBMIT- TED BY THE GOVERNOR PURSUANT TO ARTICLE THREE-A OF THE EXECUTIVE LAW AND SHALL BY CONCURRENT RESOLUTION PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF SUCH PLAN SO THAT IT MAY BE CONSIDERED AND ACTED UPON BY BOTH HOUSES IN ACCORDANCE WITH THE TIME LIMITS OF SUCH ARTICLE. S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus