Enacts the executive reorganization act of 2011 relating to the gubernatorial reorganization of governmental agencies and functions, subject to the disapproval by the legislature.
STATE OF NEW YORK
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SENATE - ASSEMBLY
February 1, 2011
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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:
1 Section 1. The executive law is amended by adding a new article 3-A
2 to read as follows:
3 ARTICLE 3-A
4 EXECUTIVE REORGANIZATION ACT OF 2011
5 Section 33. Short title.
6 34. Duty of governor to examine agencies; legislative purpose.
7 35. Definitions.
8 36. Findings by governor; issuance of reorganization plan;
9 transmittal to legislature; filing with secretary of
10 state.
11 37. Contents of reorganization plan.
12 38. Provisions not to be included in a reorganization plan.
13 39. Effective date of reorganization plan.
14 39-a. Effect on actions or proceedings.
15 39-b. Severability.
16 § 33. Short title. This article shall be known and may be cited as
17 the "executive reorganization act of 2011".
18 § 34. Duty of governor to examine agencies; legislative purpose. 1.
19 The governor, from time to time, shall examine the organization of all
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12577-01-1
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1 agencies and shall determine what changes therein are necessary to
2 accomplish one or more of the following purposes:
3 (a) to promote the better execution of the laws, the more effective
4 management of the government and of its agencies and functions, and the
5 expeditious administration of public business;
6 (b) to reduce expenditures and promote economy to the fullest extent
7 consistent with the efficient operation of the government;
8 (c) to increase the efficiency of the operations of the government to
9 the fullest extent practicable;
10 (d) to group, consolidate, coordinate and merge agencies and functions
11 of the government;
12 (e) to reduce the number of agencies by consolidating those having
13 similar functions, and to abolish such agencies or functions thereof as
14 may not be necessary for the efficient conduct of the government; and
15 (f) to eliminate overlap and duplication of effort.
16 2. The legislature declares that the public interest is best served by
17 fulfilling the purposes set forth in this section and that such purposes
18 may be accomplished more speedily and effectively under this article.
19 § 35. Definitions. As used in this article, the following terms shall
20 have the following meanings:
21 1. "Agency" means:
22 (a) Any administrative unit of state government, including, but not
23 limited to, any agency, board, bureau, commission, department, division,
24 institution, office, state public authority, state task force, or other
25 body, or parts thereof, however designated, whether or not it receives
26 legislative appropriations, but does not include any entity whose prima-
27 ry function is service to the legislative or judicial branches of state
28 government, the department of law or the department of audit and
29 control;
30 (b) Any office or officer in any agency, except the department of law
31 and department of audit and control; and
32 (c) Any state public authority or public benefit corporation created
33 by or existing under any state law, or parts thereof, however desig-
34 nated, with one or more of its members appointed by the governor or who
35 serve as members by virtue of holding a civil office of the state, other
36 than an interstate or international authority or public benefit corpo-
37 ration, including any subsidiaries of such public authority or public
38 benefit corporation.
39 2. "Assembly" means the New York state assembly.
40 3. "Function" means any activity, assignment, duty, power, responsi-
41 bility, right, set of operations or other activity.
42 4. "Governor" means the governor of the state of New York.
43 5. "Legislature" means the legislature of the state of New York.
44 6. "Officer" means every officer appointed by one or more state offi-
45 cers, or by the legislature, and authorized to exercise their official
46 functions throughout the entire state, or without limitation to any
47 political subdivision of the state, and is not limited to persons
48 receiving compensation for their services.
49 7. "Regulation or other action" means any regulation, rule, order,
50 policy, determination, directive, authorization, permit, privilege,
51 requirement, designation, or other action.
52 8. "Reorganization" or "reorganize" means:
53 (a) The transfer of the whole or any part of any agency, or of the
54 whole or any part of the functions thereof, to the jurisdiction and
55 control of any other agency;
56 (b) The abolition of all or any part of the functions of any agency;
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1 (c) The consolidation, coordination or merger of the whole or any
2 part of any agency, or of the whole or any part of the functions there-
3 of, with the whole or any part of any other agency or the functions
4 thereof;
5 (d) The consolidation, coordination or merger, of any part of any
6 agency or the functions thereof with any other part of the same agency
7 or the functions thereof;
8 (e) The authorization of any non-elective officer to delegate any of
9 their functions;
10 (f) The abolition of the whole or any part of any agency which does
11 not have, or upon the taking effect of reorganization will not have, any
12 functions; or
13 (g) The establishment of a new agency to perform the whole or any part
14 of the functions of any existing agency or agencies.
15 9. "Reorganization plan" or "plan" shall mean a written document
16 prepared by the governor, and submitted to the legislature, that
17 contains terms and information regarding the reorganization of one or
18 more agencies pursuant to this article.
19 10. "Senate" means the New York state senate.
20 § 36. Findings by governor; issuance of reorganization plan; transmit-
21 tal to legislature; filing with secretary of state. 1. Whenever the
22 governor finds it in the public interest, he or she may reorganize one
23 or more agencies.
24 2. Where a reorganization of an agency requires the force of law, it
25 shall be implemented through a reorganization plan, which the governor
26 shall transmit to the senate and assembly on a day on which both houses
27 of the legislature shall be meeting, separately or together, in the
28 course of a regular or special session.
29 3. A copy of the plan shall be filed with the secretary of state who
30 shall publish it in the state register as soon after receipt as possi-
31 ble.
32 § 37. Contents of reorganization plan. 1. A reorganization plan
33 shall:
34 (a) set forth a description of the nature and purposes of the reorgan-
35 ization, together with an explanation of the advantages that will result
36 from its implementation;
37 (b) specify with respect to each function that is either abolished or
38 merged with another function included in the plan the statutory authori-
39 ty for the exercise of the function;
40 (c) provide for the uninterrupted conduct of the governmental services
41 and functions affected by but not absorbed by the plan;
42 (d) provide for the transfer, assumption or other disposition of the
43 records, property, and personnel affected by a reorganization, further
44 provided, should any employees be transferred from one agency to anoth-
45 er, that such transfer will be without further examination or qualifica-
46 tion and such employees shall retain their respective civil service
47 classifications, status and collective bargaining unit designations and
48 be governed by applicable collective bargaining agreements;
49 (e) provide for terminating the affairs of an agency abolished;
50 (f) set forth every law and chapter that will be directly impacted
51 pursuant to the reorganization plan;
52 (g) provide for the transfer of such unexpended balances of appropri-
53 ations and reappropriation of remaining expended or unexpended funds
54 whether allocated or unallocated and whether obligated or unobligated,
55 available for use in connection with a function or agency affected by a
56 reorganization, as necessary by reason of the reorganization for use in
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1 connection with the functions affected by the reorganization, or for the
2 use of the agency which shall have the functions after the reorganiza-
3 tion plan is effective. However, the unexpended balances so transferred
4 may be used only for the purposes for which the appropriation was
5 originally made;
6 (h) provide that no existing right or remedy of any character shall be
7 lost, impaired or affected by any reorganization plan;
8 (i) provide that no action or proceeding pending at any time when such
9 reorganization plan takes effect, brought by or against any agency which
10 is subject to such plan, shall be affected by any provision of the plan,
11 but the same may be prosecuted or defended in the name of such agency.
12 In all such actions and proceedings, if an agency is eliminated and its
13 functions and responsibilities are transferred, then the head of the
14 surviving agency, upon application of the court, shall be substituted as
15 a party;
16 (j) describe in detail:
17 (i) other actions, if any, necessary to plan to complete the reorgan-
18 ization;
19 (ii) the anticipated nature and substance of any orders, directives,
20 and other administrative and operational actions which are expected to
21 be required for completing or implementing the reorganization; and
22 (iii) any preliminary actions which have been taken in the implementa-
23 tion process; and
24 (k) provide a projected timetable for completion of the implementation
25 process.
26 2. A reorganization plan may:
27 (a) change the name of an agency affected by a reorganization and the
28 title of its head, and shall designate the name of an agency resulting
29 from a reorganization and the title of its head;
30 (b) include provisions for the appointment and compensation of the
31 head and one or more officers of an agency (including an agency result-
32 ing from a consolidation or other type of reorganization) if the gover-
33 nor finds and declares that by reason of a reorganization made by the
34 plan the provisions are in the public interest. The agency head may be
35 an individual or may be a commission or board with more than one member.
36 In any case, the term of office may not be fixed for a period in excess
37 of the term remaining to be served by the then governor, the pay may not
38 be at a rate in excess of that found by the governor to be applicable to
39 comparable officers in the state government, and, if the appointment is
40 not to a position in the competitive service, it shall be made by the
41 commissioner or other chief executive officer, board or commission of
42 the agency affected.
43 § 38. Provisions not to be included in a reorganization plan. 1. No
44 reorganization plan shall provide for, and no reorganization under this
45 article shall have the effect of:
46 (a) continuing an agency beyond the period authorized by law for its
47 existence or beyond the time when it would have terminated if the reor-
48 ganization had not been made;
49 (b) continuing any function beyond the period authorized by law for
50 its exercise, or beyond the time when it would have terminated if the
51 reorganization had not been made;
52 (c) authorizing an agency to exercise a function that is not expressly
53 authorized by law at the time the reorganization plan is transmitted to
54 the legislature;
55 (d) increasing the term of any office beyond that provided by law for
56 the office;
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1 (e) abolishing any agency provided for by the New York state constitu-
2 tion, or abolishing or transferring to the jurisdiction and control of
3 any such agency any function conferred by the New York state constitu-
4 tion on an agency authorized by such constitution;
5 (f) abolishing any function required by federal law or interstate
6 compacts; or
7 (g) violating any covenant with bondholders.
8 2. No reorganization plan shall have the effect of limiting in any way
9 the validity of any statute enacted, or any regulation or other action
10 made, prescribed, issued, granted or performed in respect to or by any
11 agency before the effective date of the plan except to the extent that
12 the plan specifically so provides.
13 § 39. Effective date of reorganization plan. 1. A reorganization plan
14 shall take effect, on a date designated by the governor if, within a
15 period of thirty calendar days after the date on which the plan is tran-
16 smitted to the senate and assembly, a majority of the members of each
17 house of the legislature vote to adopt such plan by concurrent resol-
18 ution.
19 2. Under provisions contained in a reorganization plan, a provision of
20 the plan may be effective at a time later than the date on which the
21 plan otherwise is effective.
22 3. A reorganization plan approved by both houses of the legislature
23 shall have the force and effect of law.
24 § 39-a. Effect on actions or proceedings. This article shall not
25 affect actions or proceedings, civil or criminal, brought by or against
26 any agency or officer, the functions, powers and duties of which have
27 been transferred or abolished pursuant to this article; nor shall any
28 reorganization affect any order or recommendation made by, or other
29 matters or proceedings before, any agency or officer, the functions,
30 powers and duties of which have been transferred or abolished pursuant
31 to a reorganization plan under this article.
32 § 39-b. Severability. If any clause, sentence, paragraph, subdivi-
33 sion, section or part of this article shall be adjudged by any court of
34 competent jurisdiction to be invalid, such judgment shall not affect,
35 impair, or invalidate the remainder thereof, but shall be confined in
36 its operation to the clause, sentence, paragraph, subdivision, section
37 or part thereof directly involved in the controversy in which such judg-
38 ment shall have been rendered. It is hereby declared to be the intent of
39 the legislature that this article would have been enacted even if such
40 invalid provisions had not been included in this section.
41 § 2. The legislative law is amended by adding a new section 54-b to
42 read as follows:
43 § 54-b. Reorganization plan; formulation of concurrent resolution.
44 The legislature shall formulate a concurrent resolution of the senate
45 and assembly that incorporates, in whole, a reorganization plan submit-
46 ted by the governor pursuant to article three-A of the executive law and
47 shall by concurrent resolution prescribe rules for the consideration and
48 disposition of such plan so that it may be considered and acted upon by
49 both houses in accordance with the time limits of such article.
50 § 3. This act shall take effect immediately.
