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.