S T A T E O F N E W Y O R K
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7214
2021-2022 Regular Sessions
I N S E N A T E
June 7, 2021
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Introduced by Sen. MARTUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the legislative law, in relation to a non-partisan
senate background review commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislative law is amended by adding a new article
5-A-1 to read as follows:
ARTICLE 5-A-1
NON-PARTISAN SENATE BACKGROUND REVIEW COMMISSION
SECTION 84. NON-PARTISAN SENATE BACKGROUND REVIEW COMMISSION.
§ 84. NON-PARTISAN SENATE BACKGROUND REVIEW COMMISSION. 1. A LEGISLA-
TIVE COMMISSION TO BE KNOWN AS THE NON-PARTISAN SENATE BACKGROUND REVIEW
COMMISSION IS HEREBY ESTABLISHED. THE COMMISSION SHALL:
(A) REVIEW AND VERIFY THE COMPLETENESS AND VERACITY OF ALL BACKGROUND
INVESTIGATIONS OF EXECUTIVE NOMINATIONS FOR ADVICE AND CONSENT OF THE
SENATE;
(B) REVIEW AND VERIFY THE COMPLETENESS AND VERACITY OF RESPONSES OF
NOMINEES TO THE QUESTIONNAIRES PROVIDED FOR EXECUTIVE NOMINATIONS FOR
ADVICE AND CONSENT TO THE SENATE; AND
(C) REPORT TO ALL LEGISLATIVE MEMBERS ON THEIR FINDINGS AS TO
COMPLETENESS AND VERACITY.
2. THE BACKGROUND REVIEW COMMISSION SHALL CONSIST OF FIVE MEMBERS
APPOINTED JOINTLY BY THE TEMPORARY PRESIDENT AND THE SENATE MINORITY
LEADER. THE CHAIR OF THE COMMISSION SHALL BE APPOINTED JOINTLY BY THE
TEMPORARY PRESIDENT AND THE SENATE MINORITY LEADER.
3. THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ANY COURT,
DEPARTMENT, DIVISION, BOARD, OR BUREAU, COMMISSION, OR AGENCY OF THE
STATE SUCH ASSISTANCE AND DATA AS WILL ENABLE THE COMMISSION PROPERLY TO
CARRY OUT ITS POWERS AND DUTIES HEREUNDER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11808-01-1
S. 7214 2
4. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
5. BEGINNING SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-ONE WHEN AN
APPOINTMENT TO AN OFFICE BY THE GOVERNOR BY AND WITH THE ADVICE AND
CONSENT OF THE SENATE IS COMMUNICATED, IN THE FORM OF A WRITTEN NOMI-
NATION OF A PERSON FOR THE OFFICE TO THE SENATE, THE GOVERNOR SHALL
PROVIDE A COPY OF ANY BACKGROUND INVESTIGATION, AND ANY OTHER DOCUMENTS
RELATED TO THE NOMINATION OF SUCH INDIVIDUAL, TO THE NON-PARTISAN SENATE
BACKGROUND REVIEW COMMISSION. IN THE EVENT ANY SUCH BACKGROUND INVESTI-
GATION, OR OTHER DOCUMENTS RELATED TO SUCH NOMINATION, IS UPDATED OR
AMENDED, THE GOVERNOR SHALL PROVIDE SUCH UPDATED OR AMENDED INFORMATION
TO THE COMMISSION AS SOON AS PRACTICABLE, BUT NO LATER THAN ONE WEEK
BEFORE SUCH NOMINATION IS EXPECTED TO BE VOTED ON BY THE SENATE.
§ 2. This act shall take effect immediately.