STATE OF NEW YORK
________________________________________________________________________
4127
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
___________
Introduced by M. of A. RA, McDONOUGH, BARCLAY, FRIEND, PALMESANO,
GIGLIO, RAIA, BRABENEC, SMITH, MIKULIN -- Multi-Sponsored by -- M. of
A. CROUCH, DiPIETRO, M. L. MILLER, SIMON -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the legislative law, in relation to creation of the
non-partisan office of policy research and analysis
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislative law is amended by adding a new article 4-B
2 to read as follows:
3 ARTICLE 4-B
4 NON-PARTISAN OFFICE OF POLICY RESEARCH AND ANALYSIS
5 Section 76. Non-partisan office of policy research and analysis.
6 77. Powers and duties of the office; report.
7 § 76. Non-partisan office of policy research and analysis. 1. For
8 purposes of this article:
9 a. "Office" means the non-partisan office of policy research and anal-
10 ysis established in this article; and
11 b. "Director" means the director of the non-partisan office of policy
12 research and analysis;
13 c. "Super-majority vote" means a vote requiring two-thirds of the
14 members elected to each branch of the legislature.
15 2. There is hereby created a non-partisan office of policy research
16 and analysis. The head of such office shall be the director who shall
17 be appointed by a joint resolution requiring a super-majority vote of
18 both the senate and assembly for a term of seven years. The temporary
19 president of the senate and speaker of the assembly, in consultation
20 with the senate minority leader and assembly minority leader shall reach
21 a consensus on a candidate for the director position on which the senate
22 and assembly shall vote. The director of the office shall be appointed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02320-01-9
A. 4127 2
1 without regard to political affiliation and solely on the basis of
2 fitness to perform the duties assigned by this article.
3 3. A deputy director shall be appointed by the director. Any individ-
4 ual appointed as director to fill a vacancy prior to the expiration of a
5 term shall serve only for the unexpired portion of that term. Any indi-
6 vidual serving as director at the expiration of the term may continue to
7 serve until his or her successor is appointed. Any deputy director
8 shall serve until the expiration of the term of office of the director
9 who appointed him or her, and until his or her successor is appointed,
10 unless sooner removed by the director.
11 4. The director shall hold no other public office while serving as
12 the director. The director shall receive such compensation as may be
13 fixed by the legislature.
14 5. The director may be removed by either the assembly or the senate by
15 resolution requiring a two-thirds vote of the members elected to either
16 branch of the legislature.
17 § 77. Powers and duties of the office; report. 1. The office shall:
18 a. provide assistance in determining the impact of proposed legis-
19 lation or current policy at the request of a member of the senate and
20 assembly;
21 b. provide confidential memoranda, briefings and consultations on
22 current policy, proposed legislation, and other policy issues facing the
23 state to senate and assembly members upon request;
24 c. deliver expert testimony and identify prospective speakers for
25 hearings held by senate and assembly committees;
26 d. hold seminars and workshops on policy issues, the legislative proc-
27 ess, and other topics upon request of members of the senate and assembly
28 or at the discretion of the director of the office;
29 e. identify pertinent source materials on state policy issues upon
30 requests of members of the senate and assembly; and
31 f. conduct long-term analysis and research projects on state policy
32 issues at the discretion of the director or upon the request of the
33 members of the assembly and senate.
34 2. The director may appoint analysts, assistants and such other
35 employees as he or she may deem necessary or desirable, prescribe such
36 employee's duties and fix such employee's compensation within the
37 amounts appropriated and made available therefor.
38 3. a. The office shall submit a report to the temporary president of
39 the senate, senate minority leader, the speaker of the assembly and
40 assembly minority leader, which shall include information on requests
41 received, services provided and a description of all non-confidential
42 products produced by the office.
43 b. Such report shall be submitted on the first of March each year for
44 the next succeeding fiscal year. After submission to the temporary pres-
45 ident of the senate, senate minority leader, the speaker of the assembly
46 and assembly minority leader, such report shall be made available to the
47 public, upon request.
48 4. a. The office shall be funded from legislative appropriations
49 provided annually, with equal allocations provided by the senate and the
50 assembly as each house deems appropriate.
51 b. The director may procure, within the amounts appropriated and made
52 available therefor, up-to-date computer equipment, obtain the services
53 of experts and consultants in computer technology.
54 § 2. Section 30 of the legislative law, as amended by chapter 766 of
55 the laws of 2005, is amended to read as follows:
A. 4127 3
1 § 30. Duties of finance and ways and means committees and secretaries
2 and of the non-partisan office of policy research and analysis and its
3 director. The committees and their secretaries and of the non-partisan
4 office of policy research and analysis and its director shall have
5 access at all reasonable times to offices of state departments, commis-
6 sions, boards, bureaus and offices, to institutions and to all state
7 authorities and public works of the state and they may, for the purpose
8 of obtaining information as to the method of operation, general condi-
9 tion, management and needs thereof, examine the books, papers and public
10 records therein. Notwithstanding any other provision of law such state
11 departments, commissions, boards, bureaus, offices, state authorities
12 and institutions shall through their proper officers or deputies furnish
13 to such committees and the non-partisan office of policy research and
14 analysis such data, information or statements as may be necessary for
15 the proper exercise of their powers and duties and for the purpose of
16 carrying into effect the provisions of this article. The finance and
17 ways and means committee in exercising the powers and performing the
18 duties prescribed by this article may act jointly, or separately, as
19 they deem advisable.
20 § 3. This act shall take effect immediately.