Bill Text: NY S05159 | 2019-2020 | General Assembly | Amended


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) 2020-03-03 - REPORTED AND COMMITTED TO FINANCE [S05159 Detail]

Download: New_York-2019-S05159-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5159--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 11, 2019
                                       ___________

        Introduced  by  Sens.  MAY, GOUNARDES, SKOUFIS -- read twice and ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations and Government Operations  --  reported  favorably  from  said
          committee  and  committed  to  the  Committee  on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11151-02-9

        S. 5159--A                          2

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

        S. 5159--A                          3

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