S T A T E   O F   N E W   Y O R K
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                                  6162

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CERETTO
  -- read once and referred to the Committee 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-B to
read as follows:
                               ARTICLE 6-B
                    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.
                                                           LBD05765-01-3
              

A. 6162                             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.