Bill Text: NY S04491 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to chief administrative officers, staff and office allocations, introduction of legislation and continuity of legislative sessions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04491 Detail]

Download: New_York-2011-S04491-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4491
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 7, 2011
                                      ___________
       Introduced  by  Sen. BONACIC -- 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 chief administrative
         officers, staff and office allocations,  introduction  of  legislation
         and continuity of legislative sessions
         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 three new sections
    2  33-a, 33-b, and 33-c to read as follows:
    3    S 33-A. CHIEF ADMINISTRATIVE OFFICERS.  1.  THE  SENATE  AND  ASSEMBLY
    4  SHALL  DESIGNATE  A  CHIEF  ADMINISTRATIVE OFFICER OF EACH HOUSE.   SUCH
    5  CHIEF ADMINISTRATIVE OFFICER SHALL BE KNOWN IN THE SENATE AS THE  SECRE-
    6  TARY  OF THE SENATE. SUCH CHIEF ADMINISTRATIVE OFFICER SHALL BE KNOWN IN
    7  THE ASSEMBLY AS THE CLERK OF  THE  ASSEMBLY.  THE  CHIEF  ADMINISTRATIVE
    8  OFFICER  SHALL HAVE DAY TO DAY MANAGEMENT AND CONTROL OF ALL ADMINISTRA-
    9  TIVE OFFICES OF SENATE AND ASSEMBLY AND SHALL JOINTLY  HAVE  CONTROL  OF
   10  JOINT  OFFICES  ESTABLISHED  BY  THIS  SECTION. THE CHIEF ADMINISTRATIVE
   11  OFFICER SHALL CONDUCT HERSELF  OR  HIMSELF  IN  A  NON-PARTISAN  MANNER,
   12  AFFORDING  TO ALL MEMBERS OF THE SENATE AND ASSEMBLY EQUAL TREATMENT AND
   13  EQUAL ACCESS TO THE ADMINISTRATIVE SERVICES OF THE LEGISLATURE.
   14    2. THE ADMINISTRATIVE SERVICES OF THE LEGISLATURE  SHALL  BE  COMBINED
   15  AND MANAGED JOINTLY BY THE CHIEF ADMINISTRATIVE OFFICERS. ADMINISTRATIVE
   16  SERVICES INCLUDE SERVICES RELATED TO (A) HUMAN RESOURCES SUCH AS PERSON-
   17  NEL HIRING, BENEFITS MANAGEMENT, AND PAYROLL; (B) MEDIA SERVICES INCLUD-
   18  ING AUDIO, VIDEO, PRINT DESIGN AND PRODUCTION; (C) RESEARCH; (D) MAIL TO
   19  THE  EXTENT PERMITTED BY THE UNITED STATES POSTAL SERVICE; (E) TECHNOLO-
   20  GY; (F) CONTRACTING; (G) SUCH OTHER SERVICES AS ARE NECESSARY TO  ADMIN-
   21  ISTER  THE  BUSINESS OF THE LEGISLATURE AND DO NOT RELATE TO POLICIES OF
   22  LAW DEVELOPMENT. THE CHIEF ADMINISTRATIVE OFFICERS SHALL,  IN  CONSULTA-
   23  TION  WITH THE DEPARTMENT OF CIVIL SERVICE ESTABLISH A LISTING OF TITLES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08989-03-1
       S. 4491                             2
    1  FOR POSITIONS IN THE AREAS PROVIDED FOR IN THIS SUBDIVISION  AND  QUALI-
    2  FICATIONS  AND TESTING PROCEDURES FOR THE SAME. THE CHIEF ADMINISTRATIVE
    3  OFFICER SHALL ANNUALLY REPORT TO THE COMPTROLLER THE TITLES  FILLED  AND
    4  THE RANK ON EXAMS, WHICH ARE HEREBY DIRECTED TO BE CREATED, OF THE POSI-
    5  TIONS  WHO FILLED SUCH POSITIONS. ALL INCUMBENT EMPLOYEES SHALL BE GIVEN
    6  A TITLE MOST SIMILAR TO THE POSITION HE OR SHE FILLS PRESENTLY AND SHALL
    7  SCORE IN THE TOP THREE OF PERSONS WHO TEST FOR THE POSITIONS, WITHIN THE
    8  FIRST FOUR YEARS OF THE EFFECTIVE DATE OF THIS SECTION,  OR  HE  OR  SHE
    9  SHALL  FORFEIT  THEIR  POSITION AT THE END OF THE CALENDAR YEAR WHEN THE
   10  THIRD SUCH EXAM IS GIVEN. THE CHIEF ADMINISTRATIVE OFFICERS SHALL  CAUSE
   11  THE  EXAMS TO BE GIVEN AT LEAST ANNUALLY FOR EACH POSITION, STARTING ONE
   12  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   13    S 33-B. STAFF AND OFFICE ALLOCATIONS. 1. EACH MEMBER  OF  THE  SENATE,
   14  EXCEPT  AS OTHERWISE PROVIDED IN THIS SECTION, SHALL BE ALLOWED AN EQUAL
   15  ALLOCATION FOR THE PURPOSE OF HIRING STAFF.  SUCH  ALLOCATION  SHALL  BE
   16  KNOWN  AS THE "BASIC ALLOCATION". NOTWITHSTANDING SUCH BASIC ALLOCATION:
   17  THE TEMPORARY PRESIDENT OF THE SENATE SHALL RECEIVE TWO HUNDRED  PERCENT
   18  OF  SUCH  BASIC  ALLOCATION;  THE DEPUTY MAJORITY LEADER FOR LEGISLATIVE
   19  OPERATIONS AND THE MINORITY LEADER, WHO SHALL EACH RECEIVE  ONE  HUNDRED
   20  SEVENTY-FIVE PERCENT OF SUCH BASIC ALLOCATION. EACH MEMBER OF THE ASSEM-
   21  BLY,  EXCEPT AS OTHERWISE PROVIDED FOR IN THIS SECTION, SHALL BE ALLOWED
   22  AN EQUAL ALLOCATION FOR THE PURPOSE OF  HIRING  STAFF.  SUCH  ALLOCATION
   23  SHALL  BE  KNOWN  AS  THE "BASIC ALLOCATION". NOTWITHSTANDING SUCH BASIC
   24  ALLOCATION:   THE SPEAKER OF THE  ASSEMBLY  SHALL  RECEIVE  TWO  HUNDRED
   25  PERCENT  OF  SUCH BASIC ALLOCATION; THE MAJORITY LEADER AND THE MINORITY
   26  LEADER SHALL EACH RECEIVE ONE HUNDRED SEVENTY-FIVE PERCENT OF SUCH BASIC
   27  ALLOCATION.
   28    2. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
   29  BLY SHALL EACH ALLOCATE FUNDS TO  COMMITTEES  AND  COMMISSIONS  FOR  THE
   30  PURPOSES  OF HIRING STAFF, WHO SHALL BE HIRED UPON THE RECOMMENDATION OF
   31  THE CHAIRPERSON. THE RANKING MINORITY MEMBER  OF  EACH  COMMITTEE  SHALL
   32  ALSO  RECEIVE AN ALLOCATION TO HIRE STAFF IN AN AMOUNT OF AT LEAST FIFTY
   33  THOUSAND DOLLARS, OR ONE-THIRD OF THE AMOUNT ALLOCATED TO HIRE STAFF  BY
   34  THE CHAIRPERSON, WHICHEVER IS GREATER. SUCH FIFTY THOUSAND DOLLAR AMOUNT
   35  SHALL BE SUBJECT TO INCREASE OR DECREASE BASED UPON THE SAME PERCENTAGES
   36  AS  ANY  INCREASE  OR  DECREASE  IN PERSONNEL SERVICES FOR THE SENATE OR
   37  ASSEMBLY. EACH COMMITTEE SHALL BE ALLOCATED A REASONABLE AMOUNT TO  HIRE
   38  STAFF  WITH EXPERTISE IN THE AREAS OF LAW THOSE COMMITTEES ARE RESPONSI-
   39  BLE FOR OVERSIGHT THEREOF.
   40    3. THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF  THE  ASSEMBLY
   41  SHALL  ESTABLISH  POLICIES  FOR  THE PROVISION OF DISTRICT OFFICE(S) FOR
   42  MEMBERS OF THE LEGISLATURE. SUCH POLICIES SHALL PROVIDE  FOR  MORE  THAN
   43  ONE  DISTRICT OFFICE, THE SMALLER OF WHICH SHALL BE KNOWN AS A SATELLITE
   44  OFFICE, UPON THE  DISTRICT  OF  SUCH  MEMBER  MEETING  CERTAIN  DEFINED,
   45  SPECIFIC  GEOGRAPHIC CRITERIA, TO BE DETERMINED BY CONCURRENT RESOLUTION
   46  OF THE LEGISLATURE.
   47    33-C. INTRODUCTION OF LEGISLATION. 1. LEGISLATION SHALL ONLY BE INTRO-
   48  DUCED AT THE REQUEST OF A MEMBER OF THE LEGISLATURE, OR BY  A  COMMITTEE
   49  BY  VOTE  OF THAT COMMITTEE VOTING TO INTRODUCE A BILL DRAFT BY LEGISLA-
   50  TURE BILL DRAFT NUMBER. THE COMMITTEE  ON  RULES  MAY  INTRODUCE  LEGIS-
   51  LATION,  HOWEVER, AT THE REQUEST OF ONE OR MORE MEMBERS IF SUCH MEMBER'S
   52  NAMES ARE PRINTED ON THE LEGISLATION INDICATING THAT  THE  COMMITTEE  ON
   53  RULES  HAS REQUESTED THE INTRODUCTION OF SUCH LEGISLATION BY THE PARTIC-
   54  ULAR MEMBER OR MEMBERS.
   55    2. NOTICE SHALL BE POSTED ON THE SENATE AND ASSEMBLY WEBSITES  OF  ALL
   56  LEGISLATION TO BE CONSIDERED, BY BILL NUMBER, AT LEAST TWENTY-FOUR HOURS
       S. 4491                             3
    1  PRIOR  TO  ITS  CONSIDERATION,  UNLESS  A  MESSAGE OF NECESSITY HAS BEEN
    2  ISSUED BY THE GOVERNOR FOR SUCH LEGISLATION.
    3    3.  TO  THE EXTENT THAT ITEMS ARE APPROPRIATED IN THE STATE BUDGET FOR
    4  SPECIFIC ORGANIZATIONS OR MUNICIPALITIES AND ARE APPROPRIATED OTHER THAN
    5  BY FORMULA, AND AT THE SPECIFIC DISCRETION AND REQUEST OF MEMBERS OF THE
    6  LEGISLATURE, AND RELATED TO PROJECTS NOT BENEFITING  THE  ENTIRE  STATE,
    7  BUT RATHER ARE FOCUSED ON HELPING ONE OR MORE SPECIFIC MUNICIPALITIES OR
    8  ORGANIZATIONS,  SUCH  FUNDING  SHALL  BE  DEEMED  TO BE A "MEMBER ITEM".
    9  MEMBER ITEMS ARE HEREBY PROHIBITED UNLESS EACH MEMBER OF THE SENATE  AND
   10  EACH  MEMBER  OF  THE ASSEMBLY HAS THE OPPORTUNITY TO RECOMMEND AND HAVE
   11  INCLUDED IN THE BUDGET PROJECTS EQUALING THE SAME COST  AS  EVERY  OTHER
   12  MEMBER  OF THE SENATE OR EVERY OTHER MEMBER OF THE ASSEMBLY, AS THE CASE
   13  MAY BE. NO MEMBER OF THE SENATE OR ASSEMBLY, HOWEVER, SHALL BE ALLOCATED
   14  MEMBER ITEM FUNDING IF THEY PRESENTLY ARE CHARGED WITH A CRIME  RELATING
   15  TO THIS OFFICE OR OTHERWISE RELATING TO VERACITY.
   16    4.  THE  SECRETARY OF THE SENATE AND CLERK OF THE ASSEMBLY SHALL MAIN-
   17  TAIN DISCHARGE PETITIONS, TO BE STORED IN THE WELL  OF  THE  SENATE  AND
   18  ASSEMBLY.  A DISCHARGE PETITION SHALL BE A PETITION REQUESTING A VOTE ON
   19  A PARTICULAR PIECE OF LEGISLATION OR RESOLUTION BY  BILL  OR  RESOLUTION
   20  NUMBER.  THE DISCHARGE PETITION SHALL BE FILED WITH THE SECRETARY OF THE
   21  SENATE OR CLERK OF THE ASSEMBLY BY THE BILL OR RESOLUTION  SPONSOR.  ALL
   22  SUCH PETITIONS SHALL BE OPEN FOR SIGNATURE DURING THE HOURS THE LEGISLA-
   23  TURE  IS  IN  SESSION.  UPON MORE THAN HALF THE MEMBERS OF THE SENATE OR
   24  ASSEMBLY SIGNING A DISCHARGE PETITION, SUCH  LEGISLATION  OR  RESOLUTION
   25  SHALL  BE  DISCHARGED  FROM  ANY  COMMITTEE IT IS IN, AND BROUGHT TO THE
   26  FLOOR OF THE SENATE OR ASSEMBLY FOR A VOTE WITHIN ONE WEEK, OR,  IF  THE
   27  REQUISITE  NUMBER  OF  SIGNATURES ARE OBTAINED BETWEEN THE DATES OF JUNE
   28  TENTH AND SEPTEMBER FIRST, WITHIN TWENTY WEEKS, BUT IN ANY EVENT BY  THE
   29  END  OF  THE CALENDAR YEAR. NO SIGNATURE MADE BETWEEN SEPTEMBER FIRST OF
   30  AN EVEN NUMBER CALENDAR YEAR AND DECEMBER  THIRTY-FIRST,  OF  THAT  SAME
   31  YEAR SHALL COUNT TOWARD REACHING THE MAJORITY DESCRIBED HEREIN.
   32    S  2.   The legislative law is amended by adding a new section 42-a to
   33  read as follows:
   34    S 42-A. CONTINUITY OF LEGISLATIVE SESSIONS. 1. UPON PASSAGE OF A  BILL
   35  BY  ONE  HOUSE OF THE LEGISLATURE, SUCH BILL SHALL AUTOMATICALLY BE SENT
   36  TO THE APPROPRIATE COMMITTEE IN THE OTHER HOUSE FOR ACTION ON SUCH BILL,
   37  WHERE THAT HOUSE MAY ACT ON THE BILL AT ANY TIME DURING THE REMAINDER OF
   38  THE BIENNIAL LEGISLATIVE SESSION.
   39    2. EVERY BILL WHICH SHALL HAVE REACHED THE ORDER OF THIRD READING  BUT
   40  WHICH  SHALL  NOT  HAVE BEEN ACTED ON BY THE HOUSE BEFORE THE END OF THE
   41  FIRST YEAR OF THE TWO-YEAR LEGISLATIVE SESSION, SHALL MAINTAIN ITS PLACE
   42  ON THE ORDER OF THIRD READING UNTIL THE HOUSE SHALL ACT ON SUCH BILL  OR
   43  UNTIL THE END OF THE TWO-YEAR LEGISLATIVE SESSION.
   44    3.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT APPLY TO BUDGET BILLS
   45  INTRODUCED  BY  THE  GOVERNOR  PURSUANT  TO   ARTICLE   SEVEN   OF   THE
   46  CONSTITUTION, BILLS REQUIRING A HOME RULE MESSAGE FROM ONE OR MORE LOCAL
   47  GOVERNMENTS  PURSUANT  TO  ARTICLE NINE OF THE CONSTITUTION, BILLS WHICH
   48  APPROPRIATE PUBLIC FUNDS, OR CONCURRENT RESOLUTIONS TO AMEND THE CONSTI-
   49  TUTION PURSUANT TO ARTICLE NINETEEN OF THE CONSTITUTION OR BILLS SUBJECT
   50  TO THE PROVISIONS OF SECTION FIFTY OF THIS ARTICLE.
   51    S 3. This act shall take effect on the first of January next  succeed-
   52  ing  the  date  on  which it shall have become a law; provided, that the
   53  senate and assembly shall, by concurrent resolution, adopt rules  neces-
   54  sary  to implement this act within twenty days after such act shall have
   55  become a law.
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