Bill Text: NY S00622 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the "division of research and analysis" which is a part of the legislative library and assists members of the legislature by providing research and analysis on policy.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00622 Detail]

Download: New_York-2021-S00622-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           622

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the legislative law, in relation to the creation of  the
          division of research and analysis to assist the legislature

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent. The legislature seeks to create  a  new
     2  nonpartisan  division  which shall provide assistance to the legislature
     3  with analysis of issues and policies in order to facilitate the  lawmak-
     4  ing  process.  This division shall serve all members of both house cham-
     5  bers equally and without bias. The legislature further intends to create
     6  a division that shall empower the legislature by  providing  independent
     7  and  trustworthy  information  to  the  legislature,  and  will maintain
     8  adequate staffing to allow the legislature to consider the  best  inter-
     9  ests of the state.
    10    §  2. Section 7-a of the legislative law, as amended by chapter 746 of
    11  the laws of 1974, and the third undesignated paragraph as added by chap-
    12  ter 867 of the laws of 1984, is amended to read as follows:
    13    § 7-a. Legislative library, librarian and assistants.   1.  (a)  There
    14  shall  be  a  legislative  library to be located in the state capitol in
    15  rooms assigned by the commissioner  of  general  services,  conveniently
    16  accessible  to  the  members  of  both  houses  of legislature, and such
    17  library shall be open throughout the year.
    18    (b) Such library shall be suitably furnished, equipped and  maintained
    19  under  the  direction of the legislative librarian, within the amount of
    20  any moneys available therefor by appropriation, subject to joint  rules,
    21  if any, that may be adopted by the senate and assembly in relation ther-
    22  eto.  There shall be, for such library, a legislative librarian and such
    23  assistant librarians and other employees as may be provided for  in  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04162-01-1

        S. 622                              2

     1  legislative appropriation bill. Such librarian, assistant librarians and
     2  other employees shall be chosen by the temporary president of the senate
     3  and  speaker  of  the assembly. One of the assistant librarians shall be
     4  assigned  by the legislative librarian to have charge of the legislative
     5  correspondents' room in  the  capitol.  The  legislative  librarian  and
     6  assistant  librarians  heretofore  chosen by the president of the senate
     7  and speaker of the assembly, and in office when this section  as  hereby
     8  amended  takes  effect,  shall  continue to serve until their successors
     9  shall be chosen.  The  salaries  and  compensation  of  the  legislative
    10  librarian,  assistant  librarians  and  other employees shall be payable
    11  from moneys appropriated in the legislative appropriation bill. During a
    12  vacancy in the office of legislative librarian, the assistant  librarian
    13  who shall have been longest in the service of the state as a legislative
    14  employee,  shall  be  employed  as acting legislative librarian with the
    15  powers and duties of such librarian, and shall receive during such peri-
    16  od the compensation herein prescribed  for  the  legislative  librarian.
    17  Such librarian shall have charge of the legislative library, but the two
    18  houses  of  the legislature may, by joint rules, regulate the use of the
    19  library and prescribe the powers and duties of the legislative librarian
    20  and the assistant librarians.
    21    (c) The legislative librarian, the assistant librarians and  employees
    22  of  the  legislative  library shall be considered to be employees of the
    23  legislature for all purposes.
    24    2. (a) There shall be a separate division of the legislative  library,
    25  known as the division of research and analysis, which shall be nonparti-
    26  san  in  nature  and  shall  aid  the  legislature in providing research
    27  support.
    28    (b) (1) The legislative librarian shall encourage, assist, and promote
    29  the division of research and analysis in:
    30    (i) providing research support at the request of members of both hous-
    31  es of the legislature to aid such members with the  analysis  of  issues
    32  and development of policy;
    33    (ii)  rendering  to  the  legislature the most effective and efficient
    34  service;
    35    (iii) responding most expeditiously, effectively, and  efficiently  to
    36  the special needs of the legislature; and
    37    (iv)  empowering  the legislature by allowing the division of research
    38  and analysis to provide an independent source of information.
    39    (2) The legislative librarian shall grant and accord to  the  division
    40  of  research and analysis complete research independence and the maximum
    41  practicable administrative independence  consistent  with  these  objec-
    42  tives.
    43    (c)  (1)  A director shall be appointed by the speaker of the assembly
    44  and the majority leader of the senate to head the division  of  research
    45  and analysis from a list of three nominees for such position.
    46    (2) Such list of nominees shall be compiled and provided to the speak-
    47  er  of  the  assembly  and majority leader of the senate by a committee,
    48  which shall be chaired by the chancellor of the state university of  New
    49  York  and comprised of the presidents of Binghamton university, the city
    50  university of New York graduate  center,  Stony  Brook  university,  the
    51  state  university of New York at Albany, and the state university of New
    52  York at Buffalo.
    53    (3) The director shall serve for a term of four years and may be reap-
    54  pointed at the end of each term in the manner of the  original  appoint-
    55  ment. The director may only be removed from office upon agreement by the
    56  temporary  president  of  the senate and the speaker of the assembly and

        S. 622                              3

     1  affirmed by a two-thirds majority vote by both the senate and the assem-
     2  bly.
     3    (d) Staffing decisions for the division of research and analysis shall
     4  be  at  the  discretion of the legislative librarian and director of the
     5  division of research and analysis and subject to  appropriation  by  the
     6  legislature.  All  staffing  decisions  made  pursuant to this paragraph
     7  shall be without regard to political  affiliation,  and  solely  on  the
     8  basis of fitness to perform the duties of the position.
     9    (e)  It  shall  be  the duty of the division of research and analysis,
    10  without partisan bias, to provide the following:
    11    (1) upon request made by a member  of  the  legislature,  prepare  and
    12  transmit  to  such member a concise memorandum which shall provide rele-
    13  vant research and analysis in response to the specific request  of  such
    14  member.  Such memorandum shall be confidential and not subject to public
    15  disclosure;
    16    (2) upon request, or  upon  its  own  initiative  in  anticipation  of
    17  requests, prepare and provide memoranda for general distribution regard-
    18  ing  information,  research and reference materials on general issues or
    19  legislation that the division of research and analysis shall deem useful
    20  to all members of the legislature. Such information shall be  public  in
    21  nature and available for public disclosure; and
    22    (3)  at  the  direction of the director, prepare and provide memoranda
    23  for general distribution regarding general analysis of broad issues that
    24  the division of research and analysis shall deem useful to  all  members
    25  of  the  legislature.  Such  information  shall  be public in nature and
    26  available for public disclosure.
    27    (f) The particular nature of a request from a member of  either  house
    28  of the legislature, pursuant to paragraph (e) of this subdivision, shall
    29  be determined by the staff members of the division of research and anal-
    30  ysis,  with  a  preference  of  making  such  memoranda available to the
    31  public, if feasible, without disclosing specific legislative activity of
    32  any members of the legislature.
    33    (g) The director of  the  division  of  research  and  analysis  shall
    34  prepare  and  present  to  the  speaker of the assembly and the majority
    35  leader of the senate at the beginning of each  regular  session  of  the
    36  legislature  a  separate  and special report covering, in summary and in
    37  detail, all phases of activity of the division of research and  analysis
    38  for  the  immediate  preceding  fiscal  year,  and shall include in such
    39  report a description of the efforts made by the director to  make  addi-
    40  tional  division  of research and analysis products which are not deemed
    41  confidential products or services available for public disclosure.
    42    § 3. This act shall take effect on the one hundred eightieth day after
    43  it shall have become a law.
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