S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5159--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2019
                                ___________
 
 Introduced  by  Sens.  MAY, GOUNARDES, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations  --  reported  favorably  from  said
   committee  and  committed  to  the  Committee  on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the legislative law, in relation to the creation of  the
   division of research and analysis to assist the legislature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature seeks to create  a  new
 nonpartisan  division  which shall provide assistance to the legislature
 with analysis of issues and policies in order to facilitate the  lawmak-
 ing  process.  This division shall serve all members of both house cham-
 bers equally and without bias. The legislature further intends to create
 a division that shall empower the legislature by  providing  independent
 and  trustworthy  information  to  the  legislature,  and  will maintain
 adequate staffing to allow the legislature to consider the  best  inter-
 ests of the state.
   §  2. Section 7-a of the legislative law, as amended by chapter 746 of
 the laws of 1974, and the third undesignated paragraph as added by chap-
 ter 867 of the laws of 1984, is amended to read as follows:
   § 7-a. Legislative library, librarian and assistants.   1.  (A)  There
 shall  be  a  legislative  library to be located in the state capitol in
 rooms assigned by the commissioner  of  general  services,  conveniently
 accessible  to  the  members  of  both  houses  of legislature, and such
 library shall be open throughout the year.
   (B) Such library shall be suitably furnished, equipped and  maintained
 under  the  direction of the legislative librarian, within the amount of
 any moneys available therefor by appropriation, subject to joint  rules,
 if any, that may be adopted by the senate and assembly in relation ther-

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

                                                            LBD11151-02-9

 S. 5159--A                          2
 
 eto.  There shall be, for such library, a legislative librarian and such
 assistant librarians and other employees as may be provided for  in  the
 legislative appropriation bill. Such librarian, assistant librarians and
 other employees shall be chosen by the temporary president of the senate
 and  speaker  of  the assembly. One of the assistant librarians shall be
 assigned by the legislative librarian to have charge of the  legislative
 correspondents'  room  in  the  capitol.  The  legislative librarian and
 assistant librarians heretofore chosen by the president  of  the  senate
 and  speaker  of the assembly, and in office when this section as hereby
 amended takes effect, shall continue to  serve  until  their  successors
 shall  be  chosen.  The  salaries  and  compensation  of the legislative
 librarian, assistant librarians and other  employees  shall  be  payable
 from moneys appropriated in the legislative appropriation bill. During a
 vacancy  in the office of legislative librarian, the assistant librarian
 who shall have been longest in the service of the state as a legislative
 employee, shall be employed as acting  legislative  librarian  with  the
 powers and duties of such librarian, and shall receive during such peri-
 od  the  compensation  herein  prescribed for the legislative librarian.
 Such librarian shall have charge of the legislative library, but the two
 houses of the legislature may, by joint rules, regulate the use  of  the
 library and prescribe the powers and duties of the legislative librarian
 and the assistant librarians.
   (C)  The legislative librarian, the assistant librarians and employees
 of the legislative library shall be considered to be  employees  of  the
 legislature for all purposes.
   2.  (A) THERE SHALL BE A SEPARATE DIVISION OF THE LEGISLATIVE LIBRARY,
 KNOWN AS THE DIVISION OF RESEARCH AND ANALYSIS, WHICH SHALL BE NONPARTI-
 SAN IN NATURE AND  SHALL  AID  THE  LEGISLATURE  IN  PROVIDING  RESEARCH
 SUPPORT.
   (B) (1) THE LEGISLATIVE LIBRARIAN SHALL ENCOURAGE, ASSIST, AND PROMOTE
 THE DIVISION OF RESEARCH AND ANALYSIS IN:
   (I) PROVIDING RESEARCH SUPPORT AT THE REQUEST OF MEMBERS OF BOTH HOUS-
 ES  OF  THE  LEGISLATURE TO AID SUCH MEMBERS WITH THE ANALYSIS OF ISSUES
 AND DEVELOPMENT OF POLICY;
   (II) RENDERING TO THE LEGISLATURE THE  MOST  EFFECTIVE  AND  EFFICIENT
 SERVICE;
   (III)  RESPONDING  MOST EXPEDITIOUSLY, EFFECTIVELY, AND EFFICIENTLY TO
 THE SPECIAL NEEDS OF THE LEGISLATURE; AND
   (IV) EMPOWERING THE LEGISLATURE BY ALLOWING THE DIVISION  OF  RESEARCH
 AND ANALYSIS TO PROVIDE AN INDEPENDENT SOURCE OF INFORMATION.
   (2)  THE  LEGISLATIVE LIBRARIAN SHALL GRANT AND ACCORD TO THE DIVISION
 OF RESEARCH AND ANALYSIS COMPLETE RESEARCH INDEPENDENCE AND THE  MAXIMUM
 PRACTICABLE  ADMINISTRATIVE  INDEPENDENCE  CONSISTENT  WITH THESE OBJEC-
 TIVES.
   (C) (1) A DIRECTOR SHALL BE APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY
 AND  THE  MAJORITY LEADER OF THE SENATE TO HEAD THE DIVISION OF RESEARCH
 AND ANALYSIS FROM A LIST OF THREE NOMINEES FOR SUCH POSITION.
   (2) SUCH LIST OF NOMINEES SHALL BE COMPILED AND PROVIDED TO THE SPEAK-
 ER OF THE ASSEMBLY AND MAJORITY LEADER OF THE  SENATE  BY  A  COMMITTEE,
 WHICH  SHALL BE CHAIRED BY THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
 YORK AND COMPRISED OF THE PRESIDENTS OF BINGHAMTON UNIVERSITY, THE  CITY
 UNIVERSITY  OF  NEW  YORK  GRADUATE  CENTER, STONY BROOK UNIVERSITY, THE
 STATE UNIVERSITY OF NEW YORK AT ALBANY, AND THE STATE UNIVERSITY OF  NEW
 YORK AT BUFFALO.
   (3) THE DIRECTOR SHALL SERVE FOR A TERM OF FOUR YEARS AND MAY BE REAP-
 POINTED  AT  THE END OF EACH TERM IN THE MANNER OF THE ORIGINAL APPOINT-

 S. 5159--A                          3
 
 MENT. THE DIRECTOR MAY ONLY BE REMOVED FROM OFFICE UPON AGREEMENT BY THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY  AND
 AFFIRMED BY A TWO-THIRDS MAJORITY VOTE BY BOTH THE SENATE AND THE ASSEM-
 BLY.
   (D) STAFFING DECISIONS FOR THE DIVISION OF RESEARCH AND ANALYSIS SHALL
 BE  AT  THE  DISCRETION OF THE LEGISLATIVE LIBRARIAN AND DIRECTOR OF THE
 DIVISION OF RESEARCH AND ANALYSIS AND SUBJECT TO  APPROPRIATION  BY  THE
 LEGISLATURE.  ALL  STAFFING  DECISIONS  MADE  PURSUANT TO THIS PARAGRAPH
 SHALL BE WITHOUT REGARD TO POLITICAL  AFFILIATION,  AND  SOLELY  ON  THE
 BASIS OF FITNESS TO PERFORM THE DUTIES OF THE POSITION.
   (E)  IT  SHALL  BE  THE DUTY OF THE DIVISION OF RESEARCH AND ANALYSIS,
 WITHOUT PARTISAN BIAS, TO PROVIDE THE FOLLOWING:
   (1) UPON REQUEST MADE BY A MEMBER  OF  THE  LEGISLATURE,  PREPARE  AND
 TRANSMIT  TO  SUCH MEMBER A CONCISE MEMORANDUM WHICH SHALL PROVIDE RELE-
 VANT RESEARCH AND ANALYSIS IN RESPONSE TO THE SPECIFIC REQUEST  OF  SUCH
 MEMBER.  SUCH MEMORANDUM SHALL BE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC
 DISCLOSURE;
   (2) UPON REQUEST, OR  UPON  ITS  OWN  INITIATIVE  IN  ANTICIPATION  OF
 REQUESTS, PREPARE AND PROVIDE MEMORANDA FOR GENERAL DISTRIBUTION REGARD-
 ING  INFORMATION,  RESEARCH AND REFERENCE MATERIALS ON GENERAL ISSUES OR
 LEGISLATION THAT THE DIVISION OF RESEARCH AND ANALYSIS SHALL DEEM USEFUL
 TO ALL MEMBERS OF THE LEGISLATURE. SUCH INFORMATION SHALL BE  PUBLIC  IN
 NATURE AND AVAILABLE FOR PUBLIC DISCLOSURE; AND
   (3)  AT  THE  DIRECTION OF THE DIRECTOR, PREPARE AND PROVIDE MEMORANDA
 FOR GENERAL DISTRIBUTION REGARDING GENERAL ANALYSIS OF BROAD ISSUES THAT
 THE DIVISION OF RESEARCH AND ANALYSIS SHALL DEEM USEFUL TO  ALL  MEMBERS
 OF  THE  LEGISLATURE.  SUCH  INFORMATION  SHALL  BE PUBLIC IN NATURE AND
 AVAILABLE FOR PUBLIC DISCLOSURE.
   (F) THE PARTICULAR NATURE OF A REQUEST FROM A MEMBER OF  EITHER  HOUSE
 OF THE LEGISLATURE, PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, SHALL
 BE DETERMINED BY THE STAFF MEMBERS OF THE DIVISION OF RESEARCH AND ANAL-
 YSIS,  WITH  A  PREFERENCE  OF  MAKING  SUCH  MEMORANDA AVAILABLE TO THE
 PUBLIC, IF FEASIBLE, WITHOUT DISCLOSING SPECIFIC LEGISLATIVE ACTIVITY OF
 ANY MEMBERS OF THE LEGISLATURE.
   (G) THE DIRECTOR OF  THE  DIVISION  OF  RESEARCH  AND  ANALYSIS  SHALL
 PREPARE  AND  PRESENT  TO  THE  SPEAKER OF THE ASSEMBLY AND THE MAJORITY
 LEADER OF THE SENATE AT THE BEGINNING OF EACH  REGULAR  SESSION  OF  THE
 LEGISLATURE  A  SEPARATE  AND SPECIAL REPORT COVERING, IN SUMMARY AND IN
 DETAIL, ALL PHASES OF ACTIVITY OF THE DIVISION OF RESEARCH AND  ANALYSIS
 FOR  THE  IMMEDIATE  PRECEDING  FISCAL  YEAR,  AND SHALL INCLUDE IN SUCH
 REPORT A DESCRIPTION OF THE EFFORTS MADE BY THE DIRECTOR TO  MAKE  ADDI-
 TIONAL  DIVISION  OF RESEARCH AND ANALYSIS PRODUCTS WHICH ARE NOT DEEMED
 CONFIDENTIAL PRODUCTS OR SERVICES AVAILABLE FOR PUBLIC DISCLOSURE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.