BILL NUMBER:S6453

TITLE OF BILL:  An act to amend the legislative law, in relation to
the legislative bill drafting commission

PURPOSE:  To ensure the highest standards of consistency, integrity
and accountability at the Legislative Bill Drafting Commission (LBDC)
by:

(1) Providing for a Commissioner of Accountability; (2) Requiring
quarterly reporting on various metrics at the LBDC; and (3) Ensuring
that all communications between requesting parties and LBDC personnel
are treated as confidential and privileged communications.

SUMMARY OF PROVISIONS:  The following changes to Sections 24 and 25 of
the Legislative Law are proposed:

(1) Adding a Commissioner of Accountability.

(2) Requiring that all three Commissioners be appointed on a consensus
basis subject to an agreement reached by the Temporary President of
the Senate, Minority Leader of the Senate, Speaker of the Assembly and
Minority Leader of the Assembly.

(3) Specifying the duties of the Commissioner of Accountability, which
will include quarterly reporting on metrics including the number of
              

bill and resolution drafts and the average response time broken down
into the following categories: type, subject matter, status and party
membership.

(4) Ensuring that all communications between the individual(s)
requesting work product-either a bill or resolution of any type-and
the individual(s) drafting the requested product be treated as
confidential and privileged communications.

EXISTING LAW:  Provides for two Commissioners (Administration &
Operations), none of which is specifically charged with strict
"Accountability" duties; provides that the Commissioners be selected
jointly by the Temporary President of the Senate and the Speaker of
the Assembly; No reporting is mandated by current law; The essential
protection of confidential and privileged communications is not
currently recognized in law.

JUSTIFICATION:  The LBDC has been drafting bills and resolutions for
the New York State Legislature for over 120 years; it is noted for
professionalism and is nonpartisan in nature. According to the LBDC,
"all communications with and bill drafts prepared for Members of the
Legislature and their staffs are subject to attorney-client
confidentiality." However, this attorney-client confidentially does
not extend to the drafting of resolutions in the majority of cases
because resolution writers are almost exclusively non-lawyers.
Thousands of resolutions are drafted each year, many of which are of a
substantive and sensitive nature which contain policy and political
overtones. Given this fact, combined with the fact that the Senate
Rules currently provide for a level of discretion and review that is
centralized and non-democratic as it relates to bringing a resolution
through the Finance Committee and onto the Floor, protecting


confidentiality the moment an idea is birthed is a safeguard that all
212 members of the legislature deserve and one that is consistent with
the history and functions of the LBDC. Creating a Commissioner of
Accountability to oversee this internal policy shift, and manage the
reporting and enforcement thereon is a complementary component of this
proposal that will only add to the well deserved reputation of the
LBDC as the home of efficient, skilled and hard working professionals.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:  There would be some costs associated with the
appointment of the Commissioner of Accountability, should that
individual elect to collect a salary. It is assumed that the reporting
requirements could be accomplished within existing resources.

LOCAL FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: Immediately.