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A07832 Summary:

BILL NOA07832
 
SAME ASNo Same As
 
SPONSORBarclay
 
COSPNSR
 
MLTSPNSR
 
Add Art 4-B §§74 - 78, Leg L
 
Enacts the New York state legislative sunset act which establishes the legislative sunset advisory commission.
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A07832 Actions:

BILL NOA07832
 
07/07/2023referred to governmental operations
01/03/2024referred to governmental operations
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A07832 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7832
 
SPONSOR: Barclay
  TITLE OF BILL: An act to amend the legislative law, in relation to establishing the legislative sunset advisory commission   PURPOSE OR GENERAL IDEA OF BILL: To ensure ongoing legislative review of Executive Agencies to provide oversight and ensure agencies are meeting their intended goals. Specif- ically, it would: *Look into mission overlap, which goals/programs have been achieved and can be ended, which goals/programs are not being met, assessment of the rule making process, necessity of statutory responsibilities, promptness or resolving complaints and providing assistance to the public. *Recommend abolition, continuation, reorganization, and suggested effi- ciencies to Executive Agencies.   SUMMARY OF PROVISIONS: The Legislative Law is amended by adding a new article 4-B establishing the Legislative Sunset Advisory Commission   JUSTIFICATION: This legislation would ensure effective and efficient government by empowering the commission, in consultation with the State Comptroller, to review each state agency on a ten-year basis to determine how well the agency is operating efficiently, serving the public need, and meet- ing its goals. Where programs administered by the agency are found to be duplicative of those of another agency, recommendations will be made to consolidate, abolish or reorganize these programs. Any impacted employees would be offered similar jobs within State government.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Potential for cost savings to the state   EFFECTIVE DATE: Immediately
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A07832 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7832
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 7, 2023
                                       ___________
 
        Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend the legislative law, in  relation  to  establishing  the
          legislative sunset advisory commission
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  State Legislative Sunset Act".
     3    §  2.  The  legislative  law is amended by adding a new article 4-B to
     4  read as follows:
     5                                  ARTICLE 4-B
     6                   LEGISLATIVE SUNSET ADVISORY COMMISSION
 
     7  Section 74. Commission created; terms and qualifications of members.
     8          75. Expenses, employees.
     9          76. Purposes of the commission.
    10          77. Report and recommendations.
    11          78. Impact on employees.
    12    § 74. Commission created;  terms  and  qualifications  of  members.  A
    13  legislative  sunset advisory commission is hereby created, to consist of
    14  the chairperson and ranking minority members of the  governmental  oper-
    15  ations and governmental employees committees of the assembly, the chair-
    16  person  and ranking minority members of the investigation and government
    17  operations and the civil service and pensions committees in the  senate,
    18  two  ad  hoc  appointees  by  the  lieutenant  governor,  and one member
    19  appointed by each of the speaker of the assembly, minority leader of the
    20  assembly, temporary president of the senate, and minority leader of  the
    21  senate.  The  members  first  appointed  by the speaker of the assembly,
    22  minority leader of the assembly, temporary president of the senate,  and
    23  minority  leader  of the senate shall be appointed for two years. The ad
    24  hoc  members  first  appointed  by  the  lieutenant  governor  shall  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11796-01-3

        A. 7832                             2
 
     1  appointed for such terms that the term of one member will expire on each
     2  succeeding thirty-first day of December. The term of a member thereafter
     3  appointed,  except to fill a vacancy occurring otherwise than by expira-
     4  tion of term, shall be five years from the expiration of the term of his
     5  or her predecessor. A vacancy in the office of a member appointed by the
     6  lieutenant  governor  occurring  otherwise  than  by expiration of term,
     7  shall be filled by the lieutenant governor for the remainder only of the
     8  term. Members of the legislative sunset advisory commission shall deter-
     9  mine the chairperson by a majority vote of commission members. A majori-
    10  ty of non-ad hoc members present represents a quorum.
    11    § 75. Expenses, employees. Each of the ad hoc members of  the  commis-
    12  sion  appointed  by  the  lieutenant  governor  shall  receive necessary
    13  expenses incurred in the performance of official  duty.  The  commission
    14  may appoint such employees as may be needed, prescribe their duties, and
    15  fix  their  compensation  within the amount appropriated for the commis-
    16  sion.
    17    § 76. Purposes of the commission. It shall be the duty of the legisla-
    18  tive sunset advisory commission, in consultation with  the  state  comp-
    19  troller,  to  review  each state agency on a ten-year basis to determine
    20  whether a public need exists for the continuation or reformation of  the
    21  state  agency and its functions and operations. When determining whether
    22  a public need exists for the continuation  of  reformation  of  a  state
    23  agency  and  its  functions and operations, the commission and its staff
    24  shall consider the following criteria:
    25    1. the efficiency and effectiveness with which the agency operates;
    26    2. an identification of the mission, goals,  and  objectives  intended
    27  for  the  agency and of the problem or need that the agency was intended
    28  to address;
    29    3. the extent to which the mission, goals, and  objectives  have  been
    30  achieved and the problem or need has been addressed;
    31    4.  an  identification  of any activities of the agency in addition to
    32  those granted by statute and of the authority for those  activities  and
    33  the extent to which those activities are needed;
    34    5.  an  assessment  of  authority  of  the  agency  relating  to fees,
    35  inspections, enforcement, and penalties;
    36    6. whether less restrictive or alternative methods of  performing  any
    37  function  that  the  agency performs could adequately protect or provide
    38  service to the public;
    39    7. the extent to which the jurisdiction of the agency and the programs
    40  administered by the agency overlap or duplicate those of other agencies,
    41  the extent to which the agency coordinates with those agencies, and  the
    42  extent  to  which the programs administered by the agency can be consol-
    43  idated with the programs of other state agencies;
    44    8. the promptness and effectiveness with which  the  agency  addresses
    45  complaints  concerning entities or other persons affected by the agency,
    46  including an assessment of the agency's administrative hearings process;
    47    9. an assessment of the agency's rulemaking process and the extent  to
    48  which  the  agency  has encouraged participation by the public in making
    49  its rules and decisions and the extent to which the public participation
    50  has resulted in rules that benefit the public;
    51    10. the extent to which the agency has complied with federal and state
    52  laws and applicable rules regarding equality of  employment  opportunity
    53  and  the rights and privacy of individuals, and state law and applicable
    54  rules of any state agency regarding purchasing guidelines  and  programs
    55  for historically underutilized businesses;

        A. 7832                             3
 
     1    11.  the extent to which the agency issues and enforces rules relating
     2  to potential conflicts of interest of its employees;
     3    12. the effect of federal intervention or loss of federal funds if the
     4  agency is abolished; and
     5    13.  the  extent  to  which the purpose and effectiveness of reporting
     6  requirements imposed on the agency justifies  the  continuation  of  the
     7  requirement.
     8    §  77.  Report and recommendations. 1. The legislative sunset advisory
     9  commission shall, every thirty-first day of December, issue a report  to
    10  the  governor  and the legislature on the state agencies reviewed in the
    11  previous calendar year. The report shall include:
    12    (a) findings regarding the criteria prescribed by section one  hundred
    13  four of this article;
    14    (b)  recommendations on the abolition, continuation, or reorganization
    15  of each affected state agency and its functions and operations,  and  on
    16  the  need  for  the  performance  of the functions and operations of the
    17  agency;
    18    (c) recommendations on the consolidation, transfer, or  reorganization
    19  of  programs  within  state  agencies not under review when the programs
    20  duplicate functions performed in agencies under review;
    21    (d) make recommendations to improve the functions  and  operations  of
    22  the  agency,  including management recommendations that do not require a
    23  change in the agency's enabling statute; and
    24    (e) make recommendations on the  continuation  or  abolition  of  each
    25  reporting requirement imposed on the agency by law.
    26    2.  The legislative sunset advisory commission shall hold at least one
    27  public hearing upon making a recommendation pursuant to subdivision  one
    28  of this section.
    29    3.  State  agencies  shall  provide  notice to: (a) all employee labor
    30  organizations  operating  within,  or  representing  employees  of,  the
    31  affected  state  agency;  and  (b) managerial and confidential employees
    32  employed within the affected state agency at least twelve  months  prior
    33  to  any  abolition,  redesign, recommended efficiency, or any alteration
    34  that may impact employment as a result of an action taken by the  legis-
    35  lative sunset advisory commission.
    36    4.  The legislative sunset advisory commission shall include the esti-
    37  mated fiscal impact of its recommendations and may  recommend  appropri-
    38  ation levels for certain programs to improve the operations of the state
    39  agency.
    40    5.  Suggested  actions  of  the legislative sunset advisory commission
    41  shall have the force of law unless acted upon by the legislature.
    42    § 78. Impact on employees. Any employee  impacted  by  the  abolition,
    43  continuation, or reorganization of a reviewed state agency and its func-
    44  tions  and  operations  shall  be provided with an opportunity to accept
    45  similar employment within state government  with  the  same  salary  and
    46  benefits  provided at the time the state agency is abolished, continued,
    47  or reorganized.
    48    § 3. This act shall take effect immediately.
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