assembly Bill A4013A

2011-2012 Legislative Session

Enacts the executive reorganization act of 2011 relating to the gubernatorial reorganization of governmental agencies and functions

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2011 print number 4013a
amend (t) and recommit to ways and means
Feb 01, 2011 referred to ways and means

Bill Amendments

Original
A (Active)
Original
A (Active)

A4013 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Add Art 3-A §§33 - 39-b, Exec L; add §54-b, Leg L

A4013 - Bill Texts

view summary

Enacts the executive reorganization act of 2011 relating to the gubernatorial reorganization of governmental agencies and functions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2813                                                  A. 4013

                      S E N A T E - A S S E M B L Y

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN ACT to amend the executive law, in relation to gubernatorial reorgan-
  ization of governmental agencies and functions, subject to disapproval
  by  the  legislature; and to amend the legislative law, in relation to
  formulation of a concurrent resolution  incorporating    gubernatorial
  reorganization

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

  Section 1.  The executive law is amended by adding a new  article  3-A
to read as follows:
                               ARTICLE 3-A
                  EXECUTIVE REORGANIZATION ACT OF 2011
SECTION 33. SHORT TITLE.
        34.   DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.
        35.   DEFINITIONS.
        36.   FINDINGS  BY  GOVERNOR;  ISSUANCE  OF REORGANIZATION PLAN;
                TRANSMITTAL TO LEGISLATURE;  FILING  WITH  SECRETARY  OF
                STATE.
        37.   CONTENTS OF REORGANIZATION PLAN.
        38.   PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.
        39.   EFFECTIVE DATE OF REORGANIZATION PLAN.
        39-A. EFFECT ON ACTIONS OR PROCEEDINGS.
        39-B. SEVERABILITY.
  S  33.  SHORT TITLE.   THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EXECUTIVE REORGANIZATION ACT OF 2011".
  S 34. DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.    1.
THE  GOVERNOR,  FROM TIME TO TIME, SHALL EXAMINE THE ORGANIZATION OF ALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12577-01-1

S. 2813                             2                            A. 4013

AGENCIES AND SHALL DETERMINE  WHAT  CHANGES  THEREIN  ARE  NECESSARY  TO
ACCOMPLISH ONE OR MORE OF THE FOLLOWING PURPOSES:
  (A)  TO  PROMOTE  THE BETTER EXECUTION OF THE LAWS, THE MORE EFFECTIVE
MANAGEMENT OF THE GOVERNMENT AND OF ITS AGENCIES AND FUNCTIONS, AND  THE
EXPEDITIOUS ADMINISTRATION OF PUBLIC BUSINESS;
  (B)  TO  REDUCE EXPENDITURES AND PROMOTE ECONOMY TO THE FULLEST EXTENT
CONSISTENT WITH THE EFFICIENT OPERATION OF THE GOVERNMENT;
  (C) TO INCREASE THE EFFICIENCY OF THE OPERATIONS OF THE GOVERNMENT  TO
THE FULLEST EXTENT PRACTICABLE;
  (D) TO GROUP, CONSOLIDATE, COORDINATE AND MERGE AGENCIES AND FUNCTIONS
OF THE GOVERNMENT;
  (E)  TO  REDUCE  THE  NUMBER OF AGENCIES BY CONSOLIDATING THOSE HAVING
SIMILAR FUNCTIONS, AND TO ABOLISH SUCH AGENCIES OR FUNCTIONS THEREOF  AS
MAY NOT BE NECESSARY FOR THE EFFICIENT CONDUCT OF THE GOVERNMENT; AND
  (F) TO ELIMINATE OVERLAP AND DUPLICATION OF EFFORT.
  2. THE LEGISLATURE DECLARES THAT THE PUBLIC INTEREST IS BEST SERVED BY
FULFILLING THE PURPOSES SET FORTH IN THIS SECTION AND THAT SUCH PURPOSES
MAY BE ACCOMPLISHED MORE SPEEDILY AND EFFECTIVELY UNDER THIS ARTICLE.
  S 35. DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "AGENCY" MEANS:
  (A)  ANY  ADMINISTRATIVE  UNIT OF STATE GOVERNMENT, INCLUDING, BUT NOT
LIMITED TO, ANY AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION,
INSTITUTION, OFFICE, STATE PUBLIC AUTHORITY, STATE TASK FORCE, OR  OTHER
BODY,  OR  PARTS THEREOF, HOWEVER DESIGNATED, WHETHER OR NOT IT RECEIVES
LEGISLATIVE APPROPRIATIONS, BUT DOES NOT INCLUDE ANY ENTITY WHOSE PRIMA-
RY FUNCTION IS SERVICE TO THE LEGISLATIVE OR JUDICIAL BRANCHES OF  STATE
GOVERNMENT,  THE  DEPARTMENT  OF  LAW  OR  THE  DEPARTMENT  OF AUDIT AND
CONTROL;
  (B) ANY OFFICE OR OFFICER IN ANY AGENCY, EXCEPT THE DEPARTMENT OF  LAW
AND DEPARTMENT OF AUDIT AND CONTROL; AND
  (C)  ANY  STATE PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION CREATED
BY OR EXISTING UNDER ANY STATE LAW, OR  PARTS  THEREOF,  HOWEVER  DESIG-
NATED,  WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR OR WHO
SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE, OTHER
THAN AN INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC  BENEFIT  CORPO-
RATION,  INCLUDING  ANY  SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR PUBLIC
BENEFIT CORPORATION.
  2. "ASSEMBLY" MEANS THE NEW YORK STATE ASSEMBLY.
  3. "FUNCTION" MEANS ANY ACTIVITY, ASSIGNMENT, DUTY,  POWER,  RESPONSI-
BILITY, RIGHT, SET OF OPERATIONS OR OTHER ACTIVITY.
  4. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK.
  5. "LEGISLATURE" MEANS THE LEGISLATURE OF THE STATE OF NEW YORK.
  6.  "OFFICER" MEANS EVERY OFFICER APPOINTED BY ONE OR MORE STATE OFFI-
CERS, OR BY THE LEGISLATURE, AND AUTHORIZED TO EXERCISE  THEIR  OFFICIAL
FUNCTIONS  THROUGHOUT  THE  ENTIRE  STATE,  OR WITHOUT LIMITATION TO ANY
POLITICAL SUBDIVISION OF THE  STATE,  AND  IS  NOT  LIMITED  TO  PERSONS
RECEIVING COMPENSATION FOR THEIR SERVICES.
  7.  "REGULATION  OR  OTHER  ACTION" MEANS ANY REGULATION, RULE, ORDER,
POLICY,  DETERMINATION,  DIRECTIVE,  AUTHORIZATION,  PERMIT,  PRIVILEGE,
REQUIREMENT, DESIGNATION, OR OTHER ACTION.
  8. "REORGANIZATION" OR "REORGANIZE" MEANS:
  (A)  THE  TRANSFER  OF  THE WHOLE OR ANY PART OF ANY AGENCY, OR OF THE
WHOLE OR ANY PART OF THE FUNCTIONS  THEREOF,  TO  THE  JURISDICTION  AND
CONTROL OF ANY OTHER AGENCY;
  (B) THE ABOLITION OF ALL OR ANY PART OF THE FUNCTIONS OF ANY AGENCY;

S. 2813                             3                            A. 4013

  (C)    THE  CONSOLIDATION,  COORDINATION OR MERGER OF THE WHOLE OR ANY
PART OF ANY AGENCY, OR OF THE WHOLE OR ANY PART OF THE FUNCTIONS  THERE-
OF,  WITH  THE  WHOLE  OR  ANY PART OF ANY OTHER AGENCY OR THE FUNCTIONS
THEREOF;
  (D)  THE  CONSOLIDATION,  COORDINATION  OR  MERGER, OF ANY PART OF ANY
AGENCY OR THE FUNCTIONS THEREOF WITH ANY OTHER PART OF THE  SAME  AGENCY
OR THE FUNCTIONS THEREOF;
  (E)  THE  AUTHORIZATION OF ANY NON-ELECTIVE OFFICER TO DELEGATE ANY OF
THEIR FUNCTIONS;
  (F) THE ABOLITION OF THE WHOLE OR ANY PART OF ANY  AGENCY  WHICH  DOES
NOT HAVE, OR UPON THE TAKING EFFECT OF REORGANIZATION WILL NOT HAVE, ANY
FUNCTIONS; OR
  (G) THE ESTABLISHMENT OF A NEW AGENCY TO PERFORM THE WHOLE OR ANY PART
OF THE FUNCTIONS OF ANY EXISTING AGENCY OR AGENCIES.
  9.  "REORGANIZATION  PLAN"  OR  "PLAN"  SHALL  MEAN A WRITTEN DOCUMENT
PREPARED BY  THE  GOVERNOR,  AND  SUBMITTED  TO  THE  LEGISLATURE,  THAT
CONTAINS  TERMS  AND  INFORMATION REGARDING THE REORGANIZATION OF ONE OR
MORE AGENCIES PURSUANT TO THIS ARTICLE.
  10. "SENATE" MEANS THE NEW YORK STATE SENATE.
  S 36. FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN; TRANSMIT-
TAL TO LEGISLATURE; FILING WITH SECRETARY OF STATE.    1.  WHENEVER  THE
GOVERNOR  FINDS  IT IN THE PUBLIC INTEREST, HE OR SHE MAY REORGANIZE ONE
OR MORE AGENCIES.
  2. WHERE A REORGANIZATION OF AN AGENCY REQUIRES THE FORCE OF  LAW,  IT
SHALL  BE  IMPLEMENTED THROUGH A REORGANIZATION PLAN, WHICH THE GOVERNOR
SHALL TRANSMIT TO THE SENATE AND ASSEMBLY ON A DAY ON WHICH BOTH  HOUSES
OF  THE  LEGISLATURE  SHALL  BE  MEETING, SEPARATELY OR TOGETHER, IN THE
COURSE OF A REGULAR OR SPECIAL SESSION.
  3. A COPY OF THE PLAN SHALL BE FILED WITH THE SECRETARY OF  STATE  WHO
SHALL  PUBLISH  IT IN THE STATE REGISTER AS SOON AFTER RECEIPT AS POSSI-
BLE.
  S 37. CONTENTS OF REORGANIZATION  PLAN.    1.  A  REORGANIZATION  PLAN
SHALL:
  (A) SET FORTH A DESCRIPTION OF THE NATURE AND PURPOSES OF THE REORGAN-
IZATION, TOGETHER WITH AN EXPLANATION OF THE ADVANTAGES THAT WILL RESULT
FROM ITS IMPLEMENTATION;
  (B)  SPECIFY WITH RESPECT TO EACH FUNCTION THAT IS EITHER ABOLISHED OR
MERGED WITH ANOTHER FUNCTION INCLUDED IN THE PLAN THE STATUTORY AUTHORI-
TY FOR THE EXERCISE OF THE FUNCTION;
  (C) PROVIDE FOR THE UNINTERRUPTED CONDUCT OF THE GOVERNMENTAL SERVICES
AND FUNCTIONS AFFECTED BY BUT NOT ABSORBED BY THE PLAN;
  (D) PROVIDE FOR THE TRANSFER, ASSUMPTION OR OTHER DISPOSITION  OF  THE
RECORDS,  PROPERTY,  AND PERSONNEL AFFECTED BY A REORGANIZATION, FURTHER
PROVIDED, SHOULD ANY EMPLOYEES BE TRANSFERRED FROM ONE AGENCY TO  ANOTH-
ER, THAT SUCH TRANSFER WILL BE WITHOUT FURTHER EXAMINATION OR QUALIFICA-
TION  AND  SUCH  EMPLOYEES  SHALL  RETAIN THEIR RESPECTIVE CIVIL SERVICE
CLASSIFICATIONS, STATUS AND COLLECTIVE BARGAINING UNIT DESIGNATIONS  AND
BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS;
  (E) PROVIDE FOR TERMINATING THE AFFAIRS OF AN AGENCY ABOLISHED;
  (F)  SET  FORTH  EVERY  LAW AND CHAPTER THAT WILL BE DIRECTLY IMPACTED
PURSUANT TO THE REORGANIZATION PLAN;
  (G) PROVIDE FOR THE TRANSFER OF SUCH UNEXPENDED BALANCES OF  APPROPRI-
ATIONS  AND  REAPPROPRIATION  OF  REMAINING EXPENDED OR UNEXPENDED FUNDS
WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED  OR  UNOBLIGATED,
AVAILABLE  FOR USE IN CONNECTION WITH A FUNCTION OR AGENCY AFFECTED BY A
REORGANIZATION, AS NECESSARY BY REASON OF THE REORGANIZATION FOR USE  IN

S. 2813                             4                            A. 4013

CONNECTION WITH THE FUNCTIONS AFFECTED BY THE REORGANIZATION, OR FOR THE
USE  OF  THE AGENCY WHICH SHALL HAVE THE FUNCTIONS AFTER THE REORGANIZA-
TION PLAN IS EFFECTIVE. HOWEVER, THE UNEXPENDED BALANCES SO  TRANSFERRED
MAY  BE  USED  ONLY  FOR  THE  PURPOSES  FOR WHICH THE APPROPRIATION WAS
ORIGINALLY MADE;
  (H) PROVIDE THAT NO EXISTING RIGHT OR REMEDY OF ANY CHARACTER SHALL BE
LOST, IMPAIRED OR AFFECTED BY ANY REORGANIZATION PLAN;
  (I) PROVIDE THAT NO ACTION OR PROCEEDING PENDING AT ANY TIME WHEN SUCH
REORGANIZATION PLAN TAKES EFFECT, BROUGHT BY OR AGAINST ANY AGENCY WHICH
IS SUBJECT TO SUCH PLAN, SHALL BE AFFECTED BY ANY PROVISION OF THE PLAN,
BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF  SUCH  AGENCY.
IN  ALL SUCH ACTIONS AND PROCEEDINGS, IF AN AGENCY IS ELIMINATED AND ITS
FUNCTIONS AND RESPONSIBILITIES ARE TRANSFERRED, THEN  THE  HEAD  OF  THE
SURVIVING AGENCY, UPON APPLICATION OF THE COURT, SHALL BE SUBSTITUTED AS
A PARTY;
  (J) DESCRIBE IN DETAIL:
  (I)  OTHER ACTIONS, IF ANY, NECESSARY TO PLAN TO COMPLETE THE REORGAN-
IZATION;
  (II) THE ANTICIPATED NATURE AND SUBSTANCE OF ANY  ORDERS,  DIRECTIVES,
AND  OTHER  ADMINISTRATIVE AND OPERATIONAL ACTIONS WHICH ARE EXPECTED TO
BE REQUIRED FOR COMPLETING OR IMPLEMENTING THE REORGANIZATION; AND
  (III) ANY PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN THE IMPLEMENTA-
TION PROCESS; AND
  (K) PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE IMPLEMENTATION
PROCESS.
  2. A REORGANIZATION PLAN MAY:
  (A) CHANGE THE NAME OF AN AGENCY AFFECTED BY A REORGANIZATION AND  THE
TITLE  OF  ITS HEAD, AND SHALL DESIGNATE THE NAME OF AN AGENCY RESULTING
FROM A REORGANIZATION AND THE TITLE OF ITS HEAD;
  (B) INCLUDE PROVISIONS FOR THE APPOINTMENT  AND  COMPENSATION  OF  THE
HEAD  AND ONE OR MORE OFFICERS OF AN AGENCY (INCLUDING AN AGENCY RESULT-
ING FROM A CONSOLIDATION OR OTHER TYPE OF REORGANIZATION) IF THE  GOVER-
NOR  FINDS  AND  DECLARES THAT BY REASON OF A REORGANIZATION MADE BY THE
PLAN THE PROVISIONS ARE IN THE PUBLIC INTEREST. THE AGENCY HEAD  MAY  BE
AN INDIVIDUAL OR MAY BE A COMMISSION OR BOARD WITH MORE THAN ONE MEMBER.
IN  ANY CASE, THE TERM OF OFFICE MAY NOT BE FIXED FOR A PERIOD IN EXCESS
OF THE TERM REMAINING TO BE SERVED BY THE THEN GOVERNOR, THE PAY MAY NOT
BE AT A RATE IN EXCESS OF THAT FOUND BY THE GOVERNOR TO BE APPLICABLE TO
COMPARABLE OFFICERS IN THE STATE GOVERNMENT, AND, IF THE APPOINTMENT  IS
NOT  TO  A  POSITION IN THE COMPETITIVE SERVICE, IT SHALL BE MADE BY THE
COMMISSIONER OR OTHER CHIEF EXECUTIVE OFFICER, BOARD  OR  COMMISSION  OF
THE AGENCY AFFECTED.
  S  38.  PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.  1. NO
REORGANIZATION PLAN SHALL PROVIDE FOR, AND NO REORGANIZATION UNDER  THIS
ARTICLE SHALL HAVE THE EFFECT OF:
  (A)  CONTINUING  AN AGENCY BEYOND THE PERIOD AUTHORIZED BY LAW FOR ITS
EXISTENCE OR BEYOND THE TIME WHEN IT WOULD HAVE TERMINATED IF THE  REOR-
GANIZATION HAD NOT BEEN MADE;
  (B)  CONTINUING  ANY  FUNCTION BEYOND THE PERIOD AUTHORIZED BY LAW FOR
ITS EXERCISE, OR BEYOND THE TIME WHEN IT WOULD HAVE  TERMINATED  IF  THE
REORGANIZATION HAD NOT BEEN MADE;
  (C) AUTHORIZING AN AGENCY TO EXERCISE A FUNCTION THAT IS NOT EXPRESSLY
AUTHORIZED  BY LAW AT THE TIME THE REORGANIZATION PLAN IS TRANSMITTED TO
THE LEGISLATURE;
  (D) INCREASING THE TERM OF ANY OFFICE BEYOND THAT PROVIDED BY LAW  FOR
THE OFFICE;

S. 2813                             5                            A. 4013

  (E) ABOLISHING ANY AGENCY PROVIDED FOR BY THE NEW YORK STATE CONSTITU-
TION,  OR  ABOLISHING OR TRANSFERRING TO THE JURISDICTION AND CONTROL OF
ANY SUCH AGENCY ANY FUNCTION CONFERRED BY THE NEW YORK  STATE  CONSTITU-
TION ON AN AGENCY AUTHORIZED BY SUCH CONSTITUTION;
  (F)  ABOLISHING  ANY  FUNCTION  REQUIRED  BY FEDERAL LAW OR INTERSTATE
COMPACTS; OR
  (G) VIOLATING ANY COVENANT WITH BONDHOLDERS.
  2. NO REORGANIZATION PLAN SHALL HAVE THE EFFECT OF LIMITING IN ANY WAY
THE VALIDITY OF ANY STATUTE ENACTED, OR ANY REGULATION OR  OTHER  ACTION
MADE,  PRESCRIBED,  ISSUED, GRANTED OR PERFORMED IN RESPECT TO OR BY ANY
AGENCY BEFORE THE EFFECTIVE DATE OF THE PLAN EXCEPT TO THE  EXTENT  THAT
THE PLAN SPECIFICALLY SO PROVIDES.
  S 39. EFFECTIVE DATE OF REORGANIZATION PLAN.  1. A REORGANIZATION PLAN
SHALL  TAKE  EFFECT,  ON  A DATE DESIGNATED BY THE GOVERNOR IF, WITHIN A
PERIOD OF THIRTY CALENDAR DAYS AFTER THE DATE ON WHICH THE PLAN IS TRAN-
SMITTED TO THE SENATE AND ASSEMBLY, A MAJORITY OF THE  MEMBERS  OF  EACH
HOUSE  OF  THE  LEGISLATURE VOTE TO ADOPT SUCH PLAN BY CONCURRENT RESOL-
UTION.
  2. UNDER PROVISIONS CONTAINED IN A REORGANIZATION PLAN, A PROVISION OF
THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE  DATE  ON  WHICH  THE
PLAN OTHERWISE IS EFFECTIVE.
  3.  A  REORGANIZATION  PLAN APPROVED BY BOTH HOUSES OF THE LEGISLATURE
SHALL HAVE THE FORCE AND EFFECT OF LAW.
  S 39-A. EFFECT ON ACTIONS OR PROCEEDINGS.    THIS  ARTICLE  SHALL  NOT
AFFECT  ACTIONS OR PROCEEDINGS, CIVIL OR CRIMINAL, BROUGHT BY OR AGAINST
ANY AGENCY OR OFFICER, THE FUNCTIONS, POWERS AND DUTIES  OF  WHICH  HAVE
BEEN  TRANSFERRED  OR  ABOLISHED PURSUANT TO THIS ARTICLE; NOR SHALL ANY
REORGANIZATION AFFECT ANY ORDER OR  RECOMMENDATION  MADE  BY,  OR  OTHER
MATTERS  OR  PROCEEDINGS  BEFORE,  ANY AGENCY OR OFFICER, THE FUNCTIONS,
POWERS AND DUTIES OF WHICH HAVE BEEN TRANSFERRED OR  ABOLISHED  PURSUANT
TO A REORGANIZATION PLAN UNDER THIS ARTICLE.
  S  39-B.  SEVERABILITY.   IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
SION, SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT  OF
COMPETENT  JURISDICTION  TO  BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,
IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL  BE  CONFINED  IN
ITS  OPERATION  TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION
OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
MENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF
THE LEGISLATURE THAT THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN  IF  SUCH
INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
  S  2.  The  legislative law is amended by adding a new section 54-b to
read as follows:
  S 54-B. REORGANIZATION PLAN;  FORMULATION  OF  CONCURRENT  RESOLUTION.
THE  LEGISLATURE  SHALL  FORMULATE A CONCURRENT RESOLUTION OF THE SENATE
AND ASSEMBLY THAT INCORPORATES, IN WHOLE, A REORGANIZATION PLAN  SUBMIT-
TED BY THE GOVERNOR PURSUANT TO ARTICLE THREE-A OF THE EXECUTIVE LAW AND
SHALL BY CONCURRENT RESOLUTION PRESCRIBE RULES FOR THE CONSIDERATION AND
DISPOSITION  OF SUCH PLAN SO THAT IT MAY BE CONSIDERED AND ACTED UPON BY
BOTH HOUSES IN ACCORDANCE WITH THE TIME LIMITS OF SUCH ARTICLE.
  S 3. This act shall take effect immediately.

A4013A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Add Art 3-A §§33 - 39-b, Exec L; add §54-b, Leg L

A4013A (ACTIVE) - Bill Texts

view summary

Enacts the executive reorganization act of 2011 relating to the gubernatorial reorganization of governmental agencies and functions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4013--A

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read once and referred to the  Committee  on  Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to gubernatorial reorgan-
  ization of governmental agencies  and  functions;  and  to  amend  the
  legislative  law,  in  relation  to formulation of a concurrent resol-
  ution; and providing for the repeal of such provisions upon expiration
  thereof

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

  Section  1.   The executive law is amended by adding a new article 3-A
to read as follows:
                               ARTICLE 3-A
                  EXECUTIVE REORGANIZATION ACT OF 2011
SECTION 33. SHORT TITLE.
        34.   DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.
        35.   DEFINITIONS.
        36.   FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN.
        37.   CONTENTS OF REORGANIZATION PLAN.
        38.   PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.
        39.   EFFECTIVE DATE OF REORGANIZATION PLAN.
        39-A. EFFECT ON ACTIONS OR PROCEEDINGS.
        39-B. SEVERABILITY.
  S 33. SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "EXECUTIVE REORGANIZATION ACT OF 2011".
  S  34.  DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.  1.
THE GOVERNOR, FROM TIME TO TIME, SHALL EXAMINE THE ORGANIZATION  OF  ALL
AGENCIES  AND  SHALL  DETERMINE  WHAT  CHANGES  THEREIN ARE NECESSARY TO
ACCOMPLISH ONE OR MORE OF THE FOLLOWING PURPOSES:
  (A) TO PROMOTE THE BETTER EXECUTION OF THE LAWS,  THE  MORE  EFFECTIVE
MANAGEMENT  OF THE GOVERNMENT AND OF ITS AGENCIES AND FUNCTIONS, AND THE
EXPEDITIOUS ADMINISTRATION OF PUBLIC BUSINESS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12577-02-1

A. 4013--A                          2

  (B) TO REDUCE EXPENDITURES AND PROMOTE ECONOMY TO THE  FULLEST  EXTENT
CONSISTENT WITH THE EFFICIENT OPERATION OF THE GOVERNMENT;
  (C)  TO INCREASE THE EFFICIENCY OF THE OPERATIONS OF THE GOVERNMENT TO
THE FULLEST EXTENT PRACTICABLE;
  (D) TO GROUP, CONSOLIDATE, COORDINATE AND MERGE AGENCIES AND FUNCTIONS
OF THE GOVERNMENT;
  (E) TO REDUCE THE NUMBER OF AGENCIES  BY  CONSOLIDATING  THOSE  HAVING
SIMILAR  FUNCTIONS, AND TO ABOLISH SUCH AGENCIES OR FUNCTIONS THEREOF AS
MAY NOT BE NECESSARY FOR THE EFFICIENT CONDUCT OF THE GOVERNMENT; AND
  (F) TO ELIMINATE OVERLAP AND DUPLICATION OF EFFORT.
  2. THE LEGISLATURE DECLARES THAT THE PUBLIC INTEREST IS BEST SERVED BY
FULFILLING THE PURPOSES SET FORTH IN THIS SECTION AND THAT SUCH PURPOSES
MAY BE ACCOMPLISHED MORE SPEEDILY AND EFFECTIVELY UNDER THIS ARTICLE.
  S 35. DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "AGENCY" MEANS:
  (A) ANY ADMINISTRATIVE UNIT OF STATE GOVERNMENT,  INCLUDING,  BUT  NOT
LIMITED TO, ANY AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION,
INSTITUTION,  OFFICE, STATE PUBLIC AUTHORITY, STATE TASK FORCE, OR OTHER
BODY, OR PARTS THEREOF, HOWEVER DESIGNATED, WHETHER OR NOT  IT  RECEIVES
LEGISLATIVE APPROPRIATIONS, BUT DOES NOT INCLUDE ANY ENTITY WHOSE PRIMA-
RY  FUNCTION IS SERVICE TO THE LEGISLATIVE OR JUDICIAL BRANCHES OF STATE
GOVERNMENT, THE DEPARTMENT OF LAW, THE DEPARTMENT OF AUDIT  AND  CONTROL
OR THE BOARD OF REGENTS;
  (B)  ANY OFFICE OR OFFICER IN ANY AGENCY, EXCEPT THE DEPARTMENT OF LAW
AND DEPARTMENT OF AUDIT AND CONTROL; AND
  (C) ANY STATE PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPORATION  CREATED
BY  OR  EXISTING  UNDER  ANY STATE LAW, OR PARTS THEREOF, HOWEVER DESIG-
NATED, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR OR  WHO
SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE, OTHER
THAN  AN  INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC BENEFIT CORPO-
RATION, INCLUDING ANY SUBSIDIARIES OF SUCH PUBLIC  AUTHORITY  OR  PUBLIC
BENEFIT CORPORATION.
  PROVIDED  THAT  "AGENCY"  SHALL  NOT  INCLUDE  ANY  DEPARTMENT, BOARD,
BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF A
MUNICIPALITY OR A LOCAL INDUSTRIAL DEVELOPMENT AGENCY  OR  LOCAL  PUBLIC
AUTHORITY OR LOCAL PUBLIC BENEFIT CORPORATION AS THAT TERM IS DEFINED IN
SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW.
  2. "ASSEMBLY" MEANS THE NEW YORK STATE ASSEMBLY.
  3.  "FUNCTION"  MEANS ANY ACTIVITY, ASSIGNMENT, DUTY, POWER, RESPONSI-
BILITY, RIGHT, SET OF OPERATIONS OR OTHER ACTIVITY.
  4. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK.
  5. "LEGISLATURE" MEANS THE LEGISLATURE OF THE STATE OF NEW YORK.
  6. "OFFICER" MEANS EVERY OFFICER APPOINTED BY ONE OR MORE STATE  OFFI-
CERS,  OR  BY THE LEGISLATURE, AND AUTHORIZED TO EXERCISE THEIR OFFICIAL
FUNCTIONS THROUGHOUT THE ENTIRE STATE,  OR  WITHOUT  LIMITATION  TO  ANY
POLITICAL  SUBDIVISION  OF  THE  STATE,  AND  IS  NOT LIMITED TO PERSONS
RECEIVING COMPENSATION FOR THEIR SERVICES.
  7. "REGULATION OR OTHER ACTION" MEANS  ANY  REGULATION,  RULE,  ORDER,
POLICY,  DETERMINATION,  DIRECTIVE,  AUTHORIZATION,  PERMIT,  PRIVILEGE,
REQUIREMENT, DESIGNATION, OR OTHER ACTION.
  8. "REORGANIZATION" OR "REORGANIZE" MEANS:
  (A) THE TRANSFER OF THE WHOLE OR ANY PART OF ANY  AGENCY,  OR  OF  THE
WHOLE  OR  ANY  PART  OF  THE FUNCTIONS THEREOF, TO THE JURISDICTION AND
CONTROL OF ANY OTHER AGENCY;
  (B) THE ABOLITION OF ALL OR ANY PART OF THE FUNCTIONS OF ANY AGENCY;

A. 4013--A                          3

  (C)  THE CONSOLIDATION, COORDINATION OR MERGER OF  THE  WHOLE  OR  ANY
PART  OF ANY AGENCY, OR OF THE WHOLE OR ANY PART OF THE FUNCTIONS THERE-
OF, WITH THE WHOLE OR ANY PART OF ANY  OTHER  AGENCY  OR  THE  FUNCTIONS
THEREOF;
  (D)  THE  CONSOLIDATION,  COORDINATION  OR  MERGER, OF ANY PART OF ANY
AGENCY OR THE FUNCTIONS THEREOF WITH ANY OTHER PART OF THE  SAME  AGENCY
OR THE FUNCTIONS THEREOF;
  (E)  THE  AUTHORIZATION OF ANY NON-ELECTIVE OFFICER TO DELEGATE ANY OF
THEIR FUNCTIONS;
  (F) THE ABOLITION OF THE WHOLE OR ANY PART OF ANY  AGENCY  WHICH  DOES
NOT HAVE, OR UPON THE TAKING EFFECT OF REORGANIZATION WILL NOT HAVE, ANY
FUNCTIONS; OR
  (G) THE ESTABLISHMENT OF A NEW AGENCY TO PERFORM THE WHOLE OR ANY PART
OF THE FUNCTIONS OF ANY EXISTING AGENCY OR AGENCIES.
  9. "REORGANIZATION PLAN" OR "PLAN" SHALL MEAN THE BILL PREPARED BY THE
GOVERNOR,  AND  SUBMITTED  TO  THE  LEGISLATURE  AS A PROGRAM BILL, THAT
CONTAINS TERMS AND INFORMATION REGARDING THE REORGANIZATION  OF  ONE  OR
MORE AGENCIES PURSUANT TO THIS ARTICLE WHICH, WHEN ENACTED, SHALL ACCOM-
PLISH SUCH REORGANIZATION.
  10. "SENATE" MEANS THE NEW YORK STATE SENATE.
  S 36. FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN.  1. WHEN-
EVER  THE  GOVERNOR FINDS IT IN THE PUBLIC INTEREST, HE OR SHE MAY REOR-
GANIZE ONE OR MORE AGENCIES.
  2.  NOTHING IN THIS ARTICLE SHALL PROHIBIT OR LIMIT THE  AUTHORITY  OF
THE  GOVERNOR OR LEGISLATURE TO IMPLEMENT OR ENACT A REORGANIZATION PLAN
PURSUANT TO ANY OTHER LAWFUL PROCESS.
  S 37. CONTENTS OF REORGANIZATION  PLAN.    1.  A  REORGANIZATION  PLAN
SHALL:
  (A) SET FORTH A DESCRIPTION OF THE NATURE AND PURPOSES OF THE REORGAN-
IZATION, TOGETHER WITH AN EXPLANATION OF THE ADVANTAGES THAT WILL RESULT
FROM ITS IMPLEMENTATION;
  (B)  SPECIFY WITH RESPECT TO EACH FUNCTION THAT IS EITHER ABOLISHED OR
MERGED WITH ANOTHER FUNCTION INCLUDED IN THE PLAN THE STATUTORY AUTHORI-
TY FOR THE EXERCISE OF THE FUNCTION;
  (C) PROVIDE FOR THE UNINTERRUPTED CONDUCT OF THE GOVERNMENTAL SERVICES
AND FUNCTIONS AFFECTED BY BUT NOT ABSORBED BY THE PLAN;
  (D) PROVIDE FOR THE TRANSFER, ASSUMPTION OR OTHER DISPOSITION  OF  THE
RECORDS,  PROPERTY,  AND PERSONNEL AFFECTED BY A REORGANIZATION, FURTHER
PROVIDED, SHOULD ANY EMPLOYEES BE TRANSFERRED FROM ONE AGENCY TO  ANOTH-
ER, THAT SUCH TRANSFER WILL BE WITHOUT FURTHER EXAMINATION OR QUALIFICA-
TION  AND  SUCH  EMPLOYEES  SHALL  RETAIN THEIR RESPECTIVE CIVIL SERVICE
CLASSIFICATIONS, STATUS AND COLLECTIVE BARGAINING UNIT DESIGNATIONS  AND
BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS;
  (E) PROVIDE FOR TERMINATING THE AFFAIRS OF AN AGENCY ABOLISHED;
  (F)  SET  FORTH  EVERY  LAW AND CHAPTER THAT WILL BE DIRECTLY IMPACTED
PURSUANT TO THE REORGANIZATION PLAN;
  (G) PROVIDE FOR THE TRANSFER OF SUCH UNEXPENDED BALANCES OF  APPROPRI-
ATIONS  AND  REAPPROPRIATION  OF  REMAINING EXPENDED OR UNEXPENDED FUNDS
WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED  OR  UNOBLIGATED,
AVAILABLE  FOR USE IN CONNECTION WITH A FUNCTION OR AGENCY AFFECTED BY A
REORGANIZATION, AS NECESSARY BY REASON OF THE REORGANIZATION FOR USE  IN
CONNECTION WITH THE FUNCTIONS AFFECTED BY THE REORGANIZATION, OR FOR THE
USE  OF  THE AGENCY WHICH SHALL HAVE THE FUNCTIONS AFTER THE REORGANIZA-
TION PLAN IS EFFECTIVE. HOWEVER, THE UNEXPENDED BALANCES SO  TRANSFERRED
MAY  BE  USED  ONLY  FOR  THE  PURPOSES  FOR WHICH THE APPROPRIATION WAS
ORIGINALLY MADE;

A. 4013--A                          4

  (H) PROVIDE THAT NO EXISTING RIGHT OR REMEDY SHALL BE  LOST,  IMPAIRED
OR AFFECTED BY ANY REORGANIZATION PLAN;
  (I) PROVIDE THAT NO ACTION OR PROCEEDING PENDING AT ANY TIME WHEN SUCH
REORGANIZATION PLAN TAKES EFFECT, BROUGHT BY OR AGAINST ANY AGENCY WHICH
IS SUBJECT TO SUCH PLAN, SHALL BE AFFECTED BY ANY PROVISION OF THE PLAN,
BUT  THE  SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF SUCH AGENCY.
IN ALL SUCH ACTIONS AND PROCEEDINGS, IF AN AGENCY IS ELIMINATED AND  ITS
FUNCTIONS  AND  RESPONSIBILITIES  ARE  TRANSFERRED, THEN THE HEAD OF THE
SURVIVING AGENCY, UPON APPLICATION OF THE COURT, SHALL BE SUBSTITUTED AS
A PARTY;
  (J) DESCRIBE IN DETAIL:
  (I) OTHER ACTIONS, IF ANY, NECESSARY TO PLAN TO COMPLETE THE  REORGAN-
IZATION;
  (II)  THE  ANTICIPATED NATURE AND SUBSTANCE OF ANY ORDERS, DIRECTIVES,
AND OTHER ADMINISTRATIVE AND OPERATIONAL ACTIONS WHICH ARE  EXPECTED  TO
BE REQUIRED FOR COMPLETING OR IMPLEMENTING THE REORGANIZATION; AND
  (III) ANY PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN THE IMPLEMENTA-
TION PROCESS;
  (K) PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE IMPLEMENTATION
PROCESS; AND
  (L)  INCLUDE  PROVISIONS  FOR  THE APPOINTMENT AND COMPENSATION OF THE
HEAD AND ONE OR MORE OFFICERS OF AN AGENCY (INCLUDING AN AGENCY  RESULT-
ING  FROM A CONSOLIDATION OR OTHER TYPE OF REORGANIZATION) IF THE GOVER-
NOR FINDS AND DECLARES THAT BY REASON OF A REORGANIZATION  MADE  BY  THE
PLAN  THE  PROVISIONS ARE IN THE PUBLIC INTEREST. THE AGENCY HEAD MAY BE
AN INDIVIDUAL OR MAY BE A COMMISSION OR BOARD WITH MORE THAN ONE MEMBER.
IN ANY CASE, THE TERM OF OFFICE MAY NOT BE FIXED FOR A PERIOD IN  EXCESS
OF THE TERM REMAINING TO BE SERVED BY THE THEN GOVERNOR, THE PAY MAY NOT
BE AT A RATE IN EXCESS OF THAT FOUND BY THE GOVERNOR TO BE APPLICABLE TO
COMPARABLE  OFFICERS IN THE STATE GOVERNMENT, AND, IF THE APPOINTMENT IS
NOT TO A POSITION IN THE COMPETITIVE SERVICE, IT SHALL BE  MADE  BY  THE
COMMISSIONER  OR  OTHER  CHIEF EXECUTIVE OFFICER, BOARD OR COMMISSION OF
THE AGENCY AFFECTED.
  2. A REORGANIZATION PLAN MAY CHANGE THE NAME OF AN AGENCY AFFECTED  BY
A REORGANIZATION AND THE TITLE OF ITS HEAD, AND SHALL DESIGNATE THE NAME
OF AN AGENCY RESULTING FROM A REORGANIZATION AND THE TITLE OF ITS HEAD.
  S  38.  PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.  1. NO
REORGANIZATION PLAN SHALL PROVIDE FOR, AND NO REORGANIZATION UNDER  THIS
ARTICLE SHALL HAVE THE EFFECT OF:
  (A)  ABOLISHING  OR  MODIFYING  ANY AGENCY OR ENTITY CREATED OR ESTAB-
LISHED BY THE NEW YORK STATE CONSTITUTION, INCLUDING WITHOUT LIMITATION,
THE BOARD OF REGENTS, LEGISLATURE, JUDICIARY, COMPTROLLER  AND  ATTORNEY
GENERAL, OR ABOLISHING OR MODIFYING ANY AGENCY OR ENTITY ADMINISTERED BY
SUCH  CONSTITUTIONALLY  ESTABLISHED AGENCY OR ENTITY THAT IS NOT SUBJECT
TO DIRECT GUBERNATORIAL CONTROL, OR ABOLISHING  OR  TRANSFERRING  TO  OR
FROM  THE  JURISDICTION  AND  CONTROL  OF  ANY  SUCH AGENCY ANY FUNCTION
CONFERRED BY THE NEW YORK STATE CONSTITUTION ON AN AGENCY AUTHORIZED  BY
SUCH  CONSTITUTION,  OR  AFFECTING OR CHANGING ANY IMPLEMENTING STATUTES
RELATED TO SUCH AGENCIES OR ENTITIES;
  (B) ABOLISHING ANY FUNCTION REQUIRED  BY  FEDERAL  LAW  OR  INTERSTATE
COMPACTS;
  (C) VIOLATING ANY COVENANT WITH BONDHOLDERS; OR
  (D)  ABOLISHING  STATUTORILY  PRESCRIBED FUNCTIONS, PROVIDED THAT SUCH
FUNCTIONS MAY BE ASSIGNED TO A DIFFERENT AGENCY THAN THE  ONE  TO  WHICH
THEY WERE ORIGINALLY ASSIGNED BY THE STATUTE.

A. 4013--A                          5

  2. NO REORGANIZATION PLAN SHALL HAVE THE EFFECT OF LIMITING IN ANY WAY
THE  VALIDITY  OF ANY STATUTE ENACTED, OR ANY REGULATION OR OTHER ACTION
MADE, PRESCRIBED, ISSUED, GRANTED OR PERFORMED IN RESPECT TO OR  BY  ANY
AGENCY  BEFORE  THE EFFECTIVE DATE OF THE PLAN EXCEPT TO THE EXTENT THAT
THE PLAN SPECIFICALLY SO PROVIDES NOR SHALL SUCH PLAN HAVE THE EFFECT OF
LIMITING OR ALTERING THE ROLE OF THE SENATE IN THE ADVICE AND CONSENT TO
THE SELECTION OF PUBLIC OFFICIALS.
  S 39. EFFECTIVE DATE OF REORGANIZATION PLAN.  1. A REORGANIZATION PLAN
SHALL BE VOTED ON BY EACH HOUSE OF THE LEGISLATURE, WITHOUT AMENDMENT AS
SUBMITTED  BY  THE  GOVERNOR,  WITHIN THIRTY DAYS AFTER SUCH SUBMISSION.
THE GOVERNOR MAY SUBMIT ONLY ONE SUCH PLAN ANNUALLY AND MAY  AMEND  THAT
PLAN ONE TIME WITHIN SUCH THIRTY DAY PERIOD. BOTH HOUSES OF THE LEGISLA-
TURE  SHALL  THEN HAVE THIRTY DAYS FROM THE SUBMISSION OF SUCH AMENDMENT
TO VOTE ON THE AMENDED REORGANIZATION PLAN. WITHOUT THE CONSENT OF  BOTH
HOUSES  OF  THE  LEGISLATURE,  NEITHER  A  PLAN  NOR AN AMENDMENT MAY BE
SUBMITTED BY THE GOVERNOR AFTER THE THIRTIETH DAY OF MAY IN ANY YEAR.
  2. UNDER PROVISIONS CONTAINED IN A REORGANIZATION PLAN, A PROVISION OF
THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE  DATE  ON  WHICH  THE
PLAN OTHERWISE IS EFFECTIVE.
  S  39-A.  EFFECT  ON  ACTIONS OR PROCEEDINGS.   THIS ARTICLE SHALL NOT
AFFECT ACTIONS OR PROCEEDINGS, CIVIL OR CRIMINAL, BROUGHT BY OR  AGAINST
ANY  AGENCY  OR  OFFICER, THE FUNCTIONS, POWERS AND DUTIES OF WHICH HAVE
BEEN TRANSFERRED OR ABOLISHED PURSUANT TO THIS ARTICLE;  NOR  SHALL  ANY
REORGANIZATION  AFFECT  ANY  ORDER  OR  RECOMMENDATION MADE BY, OR OTHER
MATTERS OR PROCEEDINGS BEFORE, ANY AGENCY  OR  OFFICER,  THE  FUNCTIONS,
POWERS  AND  DUTIES OF WHICH HAVE BEEN TRANSFERRED OR ABOLISHED PURSUANT
TO A REORGANIZATION PLAN UNDER THIS ARTICLE.
  S 39-B. SEVERABILITY.  IF ANY CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVI-
SION,  SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF
COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT  SHALL  NOT  AFFECT,
IMPAIR,  OR  INVALIDATE  THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN
ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH,  SUBDIVISION,  SECTION
OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
MENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF
THE  LEGISLATURE  THAT THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN IF SUCH
INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
  S 2. The legislative law is amended by adding a new  section  54-b  to
read as follows:
  S 54-B. REORGANIZATION PLAN.  THE LEGISLATURE MAY BY CONCURRENT RESOL-
UTION  PRESCRIBE  RULES FOR THE CONSIDERATION AND DISPOSITION OF A REOR-
GANIZATION PLAN, AS DEFINED IN ARTICLE THREE-A OF THE EXECUTIVE LAW.
  S 3. This act shall  take  effect  immediately  and  shall  be  deemed
repealed May 31, 2014.

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