S T A T E   O F   N E W   Y O R K
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                                   7832
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the legislative law, in  relation  to  establishing  the
   legislative sunset advisory commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the  "New  York
 State Legislative Sunset Act".
   §  2.  The  legislative  law is amended by adding a new article 4-B to
 read as follows:
                                 ARTICLE 4-B
                  LEGISLATIVE SUNSET ADVISORY COMMISSION
 
 SECTION 74. COMMISSION CREATED; TERMS AND QUALIFICATIONS OF MEMBERS.
         75. EXPENSES, EMPLOYEES.
         76. PURPOSES OF THE COMMISSION.
         77. REPORT AND RECOMMENDATIONS.
         78. IMPACT ON EMPLOYEES.
   § 74. COMMISSION CREATED;  TERMS  AND  QUALIFICATIONS  OF  MEMBERS.  A
 LEGISLATIVE  SUNSET ADVISORY COMMISSION IS HEREBY CREATED, TO CONSIST OF
 THE CHAIRPERSON AND RANKING MINORITY MEMBERS OF THE  GOVERNMENTAL  OPER-
 ATIONS AND GOVERNMENTAL EMPLOYEES COMMITTEES OF THE ASSEMBLY, THE CHAIR-
 PERSON  AND RANKING MINORITY MEMBERS OF THE INVESTIGATION AND GOVERNMENT
 OPERATIONS AND THE CIVIL SERVICE AND PENSIONS COMMITTEES IN THE  SENATE,
 TWO  AD  HOC  APPOINTEES  BY  THE  LIEUTENANT  GOVERNOR,  AND ONE MEMBER
 APPOINTED BY EACH OF THE SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE
 ASSEMBLY, TEMPORARY PRESIDENT OF THE SENATE, AND MINORITY LEADER OF  THE
 SENATE.  THE  MEMBERS  FIRST  APPOINTED  BY THE SPEAKER OF THE ASSEMBLY,
 MINORITY LEADER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF THE SENATE,  AND
 MINORITY  LEADER  OF THE SENATE SHALL BE APPOINTED FOR TWO YEARS. THE AD
 HOC  MEMBERS  FIRST  APPOINTED  BY  THE  LIEUTENANT  GOVERNOR  SHALL  BE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11796-01-3
              

 A. 7832                             2
 
 APPOINTED FOR SUCH TERMS THAT THE TERM OF ONE MEMBER WILL EXPIRE ON EACH
 SUCCEEDING THIRTY-FIRST DAY OF DECEMBER. THE TERM OF A MEMBER THEREAFTER
 APPOINTED,  EXCEPT TO FILL A VACANCY OCCURRING OTHERWISE THAN BY EXPIRA-
 TION OF TERM, SHALL BE FIVE YEARS FROM THE EXPIRATION OF THE TERM OF HIS
 OR HER PREDECESSOR. A VACANCY IN THE OFFICE OF A MEMBER APPOINTED BY THE
 LIEUTENANT  GOVERNOR  OCCURRING  OTHERWISE  THAN  BY EXPIRATION OF TERM,
 SHALL BE FILLED BY THE LIEUTENANT GOVERNOR FOR THE REMAINDER ONLY OF THE
 TERM. MEMBERS OF THE LEGISLATIVE SUNSET ADVISORY COMMISSION SHALL DETER-
 MINE THE CHAIRPERSON BY A MAJORITY VOTE OF COMMISSION MEMBERS. A MAJORI-
 TY OF NON-AD HOC MEMBERS PRESENT REPRESENTS A QUORUM.
   § 75. EXPENSES, EMPLOYEES. EACH OF THE AD HOC MEMBERS OF  THE  COMMIS-
 SION  APPOINTED  BY  THE  LIEUTENANT  GOVERNOR  SHALL  RECEIVE NECESSARY
 EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL  DUTY.  THE  COMMISSION
 MAY APPOINT SUCH EMPLOYEES AS MAY BE NEEDED, PRESCRIBE THEIR DUTIES, AND
 FIX  THEIR  COMPENSATION  WITHIN THE AMOUNT APPROPRIATED FOR THE COMMIS-
 SION.
   § 76. PURPOSES OF THE COMMISSION. IT SHALL BE THE DUTY OF THE LEGISLA-
 TIVE SUNSET ADVISORY COMMISSION, IN CONSULTATION WITH  THE  STATE  COMP-
 TROLLER,  TO  REVIEW  EACH STATE AGENCY ON A TEN-YEAR BASIS TO DETERMINE
 WHETHER A PUBLIC NEED EXISTS FOR THE CONTINUATION OR REFORMATION OF  THE
 STATE  AGENCY AND ITS FUNCTIONS AND OPERATIONS. WHEN DETERMINING WHETHER
 A PUBLIC NEED EXISTS FOR THE CONTINUATION  OF  REFORMATION  OF  A  STATE
 AGENCY  AND  ITS  FUNCTIONS AND OPERATIONS, THE COMMISSION AND ITS STAFF
 SHALL CONSIDER THE FOLLOWING CRITERIA:
   1. THE EFFICIENCY AND EFFECTIVENESS WITH WHICH THE AGENCY OPERATES;
   2. AN IDENTIFICATION OF THE MISSION, GOALS,  AND  OBJECTIVES  INTENDED
 FOR  THE  AGENCY AND OF THE PROBLEM OR NEED THAT THE AGENCY WAS INTENDED
 TO ADDRESS;
   3. THE EXTENT TO WHICH THE MISSION, GOALS, AND  OBJECTIVES  HAVE  BEEN
 ACHIEVED AND THE PROBLEM OR NEED HAS BEEN ADDRESSED;
   4.  AN  IDENTIFICATION  OF ANY ACTIVITIES OF THE AGENCY IN ADDITION TO
 THOSE GRANTED BY STATUTE AND OF THE AUTHORITY FOR THOSE  ACTIVITIES  AND
 THE EXTENT TO WHICH THOSE ACTIVITIES ARE NEEDED;
   5.  AN  ASSESSMENT  OF  AUTHORITY  OF  THE  AGENCY  RELATING  TO FEES,
 INSPECTIONS, ENFORCEMENT, AND PENALTIES;
   6. WHETHER LESS RESTRICTIVE OR ALTERNATIVE METHODS OF  PERFORMING  ANY
 FUNCTION  THAT  THE  AGENCY PERFORMS COULD ADEQUATELY PROTECT OR PROVIDE
 SERVICE TO THE PUBLIC;
   7. THE EXTENT TO WHICH THE JURISDICTION OF THE AGENCY AND THE PROGRAMS
 ADMINISTERED BY THE AGENCY OVERLAP OR DUPLICATE THOSE OF OTHER AGENCIES,
 THE EXTENT TO WHICH THE AGENCY COORDINATES WITH THOSE AGENCIES, AND  THE
 EXTENT  TO  WHICH THE PROGRAMS ADMINISTERED BY THE AGENCY CAN BE CONSOL-
 IDATED WITH THE PROGRAMS OF OTHER STATE AGENCIES;
   8. THE PROMPTNESS AND EFFECTIVENESS WITH WHICH  THE  AGENCY  ADDRESSES
 COMPLAINTS  CONCERNING ENTITIES OR OTHER PERSONS AFFECTED BY THE AGENCY,
 INCLUDING AN ASSESSMENT OF THE AGENCY'S ADMINISTRATIVE HEARINGS PROCESS;
   9. AN ASSESSMENT OF THE AGENCY'S RULEMAKING PROCESS AND THE EXTENT  TO
 WHICH  THE  AGENCY  HAS ENCOURAGED PARTICIPATION BY THE PUBLIC IN MAKING
 ITS RULES AND DECISIONS AND THE EXTENT TO WHICH THE PUBLIC PARTICIPATION
 HAS RESULTED IN RULES THAT BENEFIT THE PUBLIC;
   10. THE EXTENT TO WHICH THE AGENCY HAS COMPLIED WITH FEDERAL AND STATE
 LAWS AND APPLICABLE RULES REGARDING EQUALITY OF  EMPLOYMENT  OPPORTUNITY
 AND  THE RIGHTS AND PRIVACY OF INDIVIDUALS, AND STATE LAW AND APPLICABLE
 RULES OF ANY STATE AGENCY REGARDING PURCHASING GUIDELINES  AND  PROGRAMS
 FOR HISTORICALLY UNDERUTILIZED BUSINESSES;
 A. 7832                             3
 
   11.  THE EXTENT TO WHICH THE AGENCY ISSUES AND ENFORCES RULES RELATING
 TO POTENTIAL CONFLICTS OF INTEREST OF ITS EMPLOYEES;
   12. THE EFFECT OF FEDERAL INTERVENTION OR LOSS OF FEDERAL FUNDS IF THE
 AGENCY IS ABOLISHED; AND
   13.  THE  EXTENT  TO  WHICH THE PURPOSE AND EFFECTIVENESS OF REPORTING
 REQUIREMENTS IMPOSED ON THE AGENCY JUSTIFIES  THE  CONTINUATION  OF  THE
 REQUIREMENT.
   §  77.  REPORT AND RECOMMENDATIONS. 1. THE LEGISLATIVE SUNSET ADVISORY
 COMMISSION SHALL, EVERY THIRTY-FIRST DAY OF DECEMBER, ISSUE A REPORT  TO
 THE  GOVERNOR  AND THE LEGISLATURE ON THE STATE AGENCIES REVIEWED IN THE
 PREVIOUS CALENDAR YEAR. THE REPORT SHALL INCLUDE:
   (A) FINDINGS REGARDING THE CRITERIA PRESCRIBED BY SECTION ONE  HUNDRED
 FOUR OF THIS ARTICLE;
   (B)  RECOMMENDATIONS ON THE ABOLITION, CONTINUATION, OR REORGANIZATION
 OF EACH AFFECTED STATE AGENCY AND ITS FUNCTIONS AND OPERATIONS,  AND  ON
 THE  NEED  FOR  THE  PERFORMANCE  OF THE FUNCTIONS AND OPERATIONS OF THE
 AGENCY;
   (C) RECOMMENDATIONS ON THE CONSOLIDATION, TRANSFER, OR  REORGANIZATION
 OF  PROGRAMS  WITHIN  STATE  AGENCIES NOT UNDER REVIEW WHEN THE PROGRAMS
 DUPLICATE FUNCTIONS PERFORMED IN AGENCIES UNDER REVIEW;
   (D) MAKE RECOMMENDATIONS TO IMPROVE THE FUNCTIONS  AND  OPERATIONS  OF
 THE  AGENCY,  INCLUDING MANAGEMENT RECOMMENDATIONS THAT DO NOT REQUIRE A
 CHANGE IN THE AGENCY'S ENABLING STATUTE; AND
   (E) MAKE RECOMMENDATIONS ON THE  CONTINUATION  OR  ABOLITION  OF  EACH
 REPORTING REQUIREMENT IMPOSED ON THE AGENCY BY LAW.
   2.  THE LEGISLATIVE SUNSET ADVISORY COMMISSION SHALL HOLD AT LEAST ONE
 PUBLIC HEARING UPON MAKING A RECOMMENDATION PURSUANT TO SUBDIVISION  ONE
 OF THIS SECTION.
   3.  STATE  AGENCIES  SHALL  PROVIDE  NOTICE TO: (A) ALL EMPLOYEE LABOR
 ORGANIZATIONS  OPERATING  WITHIN,  OR  REPRESENTING  EMPLOYEES  OF,  THE
 AFFECTED  STATE  AGENCY;  AND  (B) MANAGERIAL AND CONFIDENTIAL EMPLOYEES
 EMPLOYED WITHIN THE AFFECTED STATE AGENCY AT LEAST TWELVE  MONTHS  PRIOR
 TO  ANY  ABOLITION,  REDESIGN, RECOMMENDED EFFICIENCY, OR ANY ALTERATION
 THAT MAY IMPACT EMPLOYMENT AS A RESULT OF AN ACTION TAKEN BY THE  LEGIS-
 LATIVE SUNSET ADVISORY COMMISSION.
   4.  THE LEGISLATIVE SUNSET ADVISORY COMMISSION SHALL INCLUDE THE ESTI-
 MATED FISCAL IMPACT OF ITS RECOMMENDATIONS AND MAY  RECOMMEND  APPROPRI-
 ATION LEVELS FOR CERTAIN PROGRAMS TO IMPROVE THE OPERATIONS OF THE STATE
 AGENCY.
   5.  SUGGESTED  ACTIONS  OF  THE LEGISLATIVE SUNSET ADVISORY COMMISSION
 SHALL HAVE THE FORCE OF LAW UNLESS ACTED UPON BY THE LEGISLATURE.
   § 78. IMPACT ON EMPLOYEES. ANY EMPLOYEE  IMPACTED  BY  THE  ABOLITION,
 CONTINUATION, OR REORGANIZATION OF A REVIEWED STATE AGENCY AND ITS FUNC-
 TIONS  AND  OPERATIONS  SHALL  BE PROVIDED WITH AN OPPORTUNITY TO ACCEPT
 SIMILAR EMPLOYMENT WITHIN STATE GOVERNMENT  WITH  THE  SAME  SALARY  AND
 BENEFITS  PROVIDED AT THE TIME THE STATE AGENCY IS ABOLISHED, CONTINUED,
 OR REORGANIZED.
   § 3. This act shall take effect immediately.