Senate Bill S4142

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Feb 03, 2017	referred to investigations and government operations

2017-S4142 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add Art 6-B §§95 - 97, Leg L

2017-S4142 (ACTIVE) - Summary

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

2017-S4142 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4142

 TITLE OF BILL :  An act to amend the legislative law, in relation to
enacting the community needs integrity act and establishing the
community 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 Attorney 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

integrity 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
allocated 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

2017-S4142 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4142
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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".
   § 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.
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06391-01-7

 S. 4142                             2
 
   §  96.  POWERS AND DUTIES OF THE COMMISSION. THE COMMUNITY NEED REVIEW
 COMMISSION, IN COOPERATION WITH  THE  ATTORNEY  GENERAL  AND  THE  COMP-
 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.
   § 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.
   § 3. This act shall take effect immediately.

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Senate Bill S4142

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2017-S4142 (ACTIVE) - Details

2017-S4142 (ACTIVE) - Summary

2017-S4142 (ACTIVE) - Sponsor Memo

2017-S4142 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2017-S4142 (ACTIVE) - Details

2017-S4142 (ACTIVE) - Summary

2017-S4142 (ACTIVE) - Sponsor Memo

2017-S4142 (ACTIVE) - Bill Text download pdf

Comments