S T A T E O F N E W Y O R K
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1486
2011-2012 Regular Sessions
I N A S S E M B L Y
January 10, 2011
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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.
LBD01954-01-1
A. 1486 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.