NY State Assembly Bill 2009-A8991

Assembly Bill A8991

2009-2010 Legislative Session

Enacts the "community needs integrity act" and establishes the community need review commission

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to governmental operations
Jun 17, 2009	referred to governmental operations

2009-A8991 (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Legislative Law
Laws Affected:: Add Art 6-A §§95 - 97, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1486
2013-2014: A6162
2015-2016: A2418

2009-A8991 (ACTIVE) - Summary

Enacts the "community needs integrity act" and establishes the community need review commission.

2009-A8991 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8991

TITLE  OF  BILL:    An  act to amend the legislative law, in relation to
enacting the community needs integrity act and establishing the communi-
ty need review commission

PURPOSE OR GENERAL IDEA OF BILL: This bill  reforms  the  "Member  Item"
process  by enacting the Community Needs Integrity Act and establishes a
Community Need Review Commission.

SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new article 6-A to  the
Legislative  Law  to  create  the Community Need Review Commission.  The
Commission shall consist of twelve members to be appointed  as  follows:
three  members  shall  be  appointed  by  the Temporary President of the
Senate, three members shall be appointed by the Speaker of the Assembly,
three members shall be appointed by the Minority Leader  of  the  Senate
and  three  members  shall  be  appointed  by the Minority Leader of the
Assembly. The members of the Commission, in cooperation with the  Attor-
ney  General  and  the  Comptroller shall be charged with overseeing and
reviewing the distribution of member item funds set forth in  the  state
budget.

Members  of the Commission are also charged with safeguarding the integ-
rity and openness of determining how member items shall  be  distributed
and  for providing public access to that process. Members will establish
guidelines for prioritizing and ranking requests and will make the  list

of  requests  available  to  the  public on or before March 17th of each
year. Final funding decisions shall be made available to the  public  on
or  before  April  8th of each year.  Finally, members of the Commission
are charged with developing a Community Needs Integrity Plan to  provide
for  the  fair  distribution of funds to all regions of the state. Funds
shall be awarded to programs based upon need,  quality  and  merit.  The
allocation  of  funds  will  be  clearly  referenced with projects being
described with specificity. Lastly, the plan will establish sanctions in
the event that funds are inappropriately disbursed  and  will  establish
expedited collection mechanisms to recoup such funds.

JUSTIFICATION:  The  politically controlled member item process has long
been in need of reform. As our state faces its worst fiscal crisis since
the Great Depression, every taxpayer dollar that is spent  needs  to  be
scrutinized. Historically, the majority parties receive the lion's share
of  these  funds.  By way of example, before the recent coup, the Senate
Majority was expected to receive $77 million of the  $85  million  allo-
cated  for  that  house  despite  only  holding a two seat majority. The
member item process needs to be changed so that it  is  open,  fair  and
transparent.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE:  Immediately.

2009-A8991 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8991

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2009
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the legislative law, in relation to enacting the  commu-
  nity  needs  integrity  act and establishing the community need review
  commission

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "community needs integrity act".
  S 2. The legislative law is amended by adding a  new  article  6-A  to
read as follows:
                               ARTICLE 6-A
                    COMMUNITY NEED REVIEW COMMISSION
SECTION 95. COMMUNITY NEED REVIEW COMMISSION.
        96. POWERS AND DUTIES OF THE COMMISSION.
        97. COMMUNITY NEEDS INTEGRITY PLAN.
  S  95. COMMUNITY NEED REVIEW COMMISSION. THERE IS HEREBY ESTABLISHED A
COMMUNITY NEED REVIEW COMMISSION WHICH SHALL CONSIST OF TWELVE  MEMBERS,
TO  BE  APPOINTED  AS  FOLLOWS:  THREE MEMBERS SHALL BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE, THREE MEMBERS SHALL BE  APPOINTED  BY
THE  SPEAKER  OF  THE  ASSEMBLY, THREE MEMBERS SHALL BE APPOINTED BY THE
MINORITY LEADER OF THE SENATE AND THREE MEMBERS SHALL  BE  APPOINTED  BY
THE MINORITY LEADER OF THE ASSEMBLY. EACH MEMBER OF THE COMMISSION SHALL
SERVE  AT  THE PLEASURE OF THE OFFICIAL WHO APPOINTED HIM OR HER. VACAN-
CIES IN THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED IN  THE  MANNER
PROVIDED  FOR ORIGINAL APPOINTMENTS. THE MEMBERS OF THE COMMISSION SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE REIMBURSED  FOR
THE ACTUAL AND NECESSARY EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF
THEIR DUTIES PURSUANT TO THIS ARTICLE.
  S  96.  POWERS AND DUTIES OF THE COMMISSION. THE COMMUNITY NEED REVIEW
COMMISSION, IN COOPERATION WITH  THE  ATTORNEY  GENERAL  AND  THE  COMP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14411-01-9

A. 8991                             2

TROLLER,  SHALL REVIEW AND OVERSEE THE DISTRIBUTION OF MEMBER ITEM FUNDS
SET FORTH IN THE STATE BUDGET. IN  CARRYING  OUT  THIS  OBJECTIVE,  SUCH
COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  1. TO SAFEGUARD THE INTEGRITY AND OPENNESS OF THE PROCESS OF DETERMIN-
ING HOW MEMBER ITEMS SHALL BE DISTRIBUTED;
  2. TO ENSURE THAT THE PUBLIC HAS ACCESS TO SUCH PROCESS;
  3.  TO  ESTABLISH GUIDELINES FOR PRIORITIZING AND RANKING REQUESTS FOR
MEMBER ITEMS;
  4. TO PROVIDE A MECHANISM WHEREBY REQUESTS FOR MEMBER ITEMS  ARE  MADE
AVAILABLE TO THE PUBLIC ON OR BEFORE MARCH SEVENTEENTH OF EACH YEAR;
  5.  TO  PROVIDE  A MECHANISM WHEREBY FINAL FUNDING DECISIONS REGARDING
THE DISTRIBUTION OF MEMBER ITEMS ARE MADE AVAILABLE TO THE PUBLIC ON  OR
BEFORE APRIL EIGHTH OF EACH YEAR; AND
  6.  TO  DEVELOP  A  COMMUNITY NEEDS INTEGRITY PLAN CONSISTENT WITH THE
PROVISIONS OF SECTION NINETY-SEVEN OF THIS ARTICLE.
  S 97. COMMUNITY  NEEDS  INTEGRITY  PLAN.  THE  COMMUNITY  NEED  REVIEW
COMMISSION  SHALL  ESTABLISH A COMMUNITY NEEDS INTEGRITY PLAN. SUCH PLAN
SHALL PROVIDE FOR THE FOLLOWING:
  1. FAIR DISTRIBUTION OF MEMBER ITEM FUNDS TO ALL REGIONS OF THE STATE;
  2. MEMBER ITEM FUNDS BE AWARDED TO PROGRAMS BASED ON THE NEED, QUALITY
AND MERIT OF THE PROGRAM OR PROJECT;
  3. MEMBER ITEMS BE SET FORTH IN A DETAILED MANNER, OPEN TO THE  PUBLIC
WITH SPECIFIC REFERENCES TO THE PROGRAM OR PROJECT BEING FUNDED;
  4. SANCTIONS FOR MEMBER ITEM FUNDS INAPPROPRIATELY DISBURSED;
  5. MECHANISMS TO RECOUP INAPPROPRIATELY DISBURSED MEMBER ITEM FUNDS;
  6. ANY OTHER PROVISION THE COMMISSION DEEMS APPROPRIATE.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.