S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4383
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Governmental Operations
 
 AN ACT to amend the legislative law, in  relation  to  creation  of  the
   non-partisan office of policy research and analysis
 
   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  4-B
 to read as follows:
                                ARTICLE 4-B
            NON-PARTISAN OFFICE OF POLICY RESEARCH AND ANALYSIS
 SECTION 76. NON-PARTISAN OFFICE OF POLICY RESEARCH AND ANALYSIS.
         77. POWERS AND DUTIES OF THE OFFICE; REPORT.
   §  76.  NON-PARTISAN  OFFICE  OF  POLICY RESEARCH AND ANALYSIS. 1. FOR
 PURPOSES OF THIS ARTICLE:
   A. "OFFICE" MEANS THE NON-PARTISAN OFFICE OF POLICY RESEARCH AND ANAL-
 YSIS ESTABLISHED IN THIS ARTICLE; AND
   B. "DIRECTOR" MEANS THE DIRECTOR OF THE NON-PARTISAN OFFICE OF  POLICY
 RESEARCH AND ANALYSIS;
   C.  "SUPER-MAJORITY  VOTE"  MEANS  A  VOTE REQUIRING TWO-THIRDS OF THE
 MEMBERS ELECTED TO EACH BRANCH OF THE LEGISLATURE.
   2. THERE IS HEREBY CREATED A NON-PARTISAN OFFICE  OF  POLICY  RESEARCH
 AND  ANALYSIS.   THE HEAD OF SUCH OFFICE SHALL BE THE DIRECTOR WHO SHALL
 BE APPOINTED BY A JOINT RESOLUTION REQUIRING A  SUPER-MAJORITY  VOTE  OF
 BOTH  THE  SENATE AND ASSEMBLY FOR A TERM OF SEVEN YEARS.  THE TEMPORARY
 PRESIDENT OF THE SENATE AND SPEAKER OF  THE  ASSEMBLY,  IN  CONSULTATION
 WITH THE SENATE MINORITY LEADER AND ASSEMBLY MINORITY LEADER SHALL REACH
 A CONSENSUS ON A CANDIDATE FOR THE DIRECTOR POSITION ON WHICH THE SENATE
 AND  ASSEMBLY  SHALL VOTE. THE DIRECTOR OF THE OFFICE SHALL BE APPOINTED
 WITHOUT REGARD TO POLITICAL AFFILIATION  AND  SOLELY  ON  THE  BASIS  OF
 FITNESS TO PERFORM THE DUTIES ASSIGNED BY THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07766-01-1
              

 A. 4383                             2
 
   3.  A DEPUTY DIRECTOR SHALL BE APPOINTED BY THE DIRECTOR. ANY INDIVID-
 UAL APPOINTED AS DIRECTOR TO FILL A VACANCY PRIOR TO THE EXPIRATION OF A
 TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF THAT TERM. ANY  INDI-
 VIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF THE TERM MAY CONTINUE TO
 SERVE  UNTIL  HIS  OR  HER SUCCESSOR IS APPOINTED.   ANY DEPUTY DIRECTOR
 SHALL SERVE UNTIL THE EXPIRATION OF THE TERM OF OFFICE OF  THE  DIRECTOR
 WHO  APPOINTED  HIM OR HER, AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED,
 UNLESS SOONER REMOVED BY THE DIRECTOR.
   4.  THE DIRECTOR SHALL HOLD NO OTHER PUBLIC OFFICE  WHILE  SERVING  AS
 THE  DIRECTOR.  THE  DIRECTOR  SHALL RECEIVE SUCH COMPENSATION AS MAY BE
 FIXED BY THE LEGISLATURE.
   5. THE DIRECTOR MAY BE REMOVED BY EITHER THE ASSEMBLY OR THE SENATE BY
 RESOLUTION REQUIRING A TWO-THIRDS VOTE OF THE MEMBERS ELECTED TO  EITHER
 BRANCH OF THE LEGISLATURE.
   § 77. POWERS AND DUTIES OF THE OFFICE; REPORT. 1. THE OFFICE SHALL:
   A.  PROVIDE  ASSISTANCE  IN  DETERMINING THE IMPACT OF PROPOSED LEGIS-
 LATION OR CURRENT POLICY AT THE REQUEST OF A MEMBER OF  THE  SENATE  AND
 ASSEMBLY;
   B.  PROVIDE  CONFIDENTIAL  MEMORANDA,  BRIEFINGS  AND CONSULTATIONS ON
 CURRENT POLICY, PROPOSED LEGISLATION, AND OTHER POLICY ISSUES FACING THE
 STATE TO SENATE AND ASSEMBLY MEMBERS UPON REQUEST;
   C. DELIVER EXPERT TESTIMONY  AND  IDENTIFY  PROSPECTIVE  SPEAKERS  FOR
 HEARINGS HELD BY SENATE AND ASSEMBLY COMMITTEES;
   D. HOLD SEMINARS AND WORKSHOPS ON POLICY ISSUES, THE LEGISLATIVE PROC-
 ESS, AND OTHER TOPICS UPON REQUEST OF MEMBERS OF THE SENATE AND ASSEMBLY
 OR AT THE DISCRETION OF THE DIRECTOR OF THE OFFICE;
   E.  IDENTIFY  PERTINENT  SOURCE  MATERIALS ON STATE POLICY ISSUES UPON
 REQUESTS OF MEMBERS OF THE SENATE AND ASSEMBLY; AND
   F. CONDUCT LONG-TERM ANALYSIS AND RESEARCH PROJECTS  ON  STATE  POLICY
 ISSUES  AT  THE  DISCRETION  OF  THE DIRECTOR OR UPON THE REQUEST OF THE
 MEMBERS OF THE ASSEMBLY AND SENATE.
   2. THE DIRECTOR  MAY  APPOINT  ANALYSTS,  ASSISTANTS  AND  SUCH  OTHER
 EMPLOYEES  AS  HE OR SHE MAY DEEM NECESSARY OR DESIRABLE, PRESCRIBE SUCH
 EMPLOYEE'S DUTIES  AND  FIX  SUCH  EMPLOYEE'S  COMPENSATION  WITHIN  THE
 AMOUNTS APPROPRIATED AND MADE AVAILABLE THEREFOR.
   3.  A.  THE OFFICE SHALL SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF
 THE SENATE, SENATE MINORITY LEADER, THE  SPEAKER  OF  THE  ASSEMBLY  AND
 ASSEMBLY  MINORITY  LEADER,  WHICH SHALL INCLUDE INFORMATION ON REQUESTS
 RECEIVED, SERVICES PROVIDED AND A DESCRIPTION  OF  ALL  NON-CONFIDENTIAL
 PRODUCTS PRODUCED BY THE OFFICE.
   B.  SUCH REPORT SHALL BE SUBMITTED ON THE FIRST OF MARCH EACH YEAR FOR
 THE NEXT SUCCEEDING FISCAL YEAR. AFTER SUBMISSION TO THE TEMPORARY PRES-
 IDENT OF THE SENATE, SENATE MINORITY LEADER, THE SPEAKER OF THE ASSEMBLY
 AND ASSEMBLY MINORITY LEADER, SUCH REPORT SHALL BE MADE AVAILABLE TO THE
 PUBLIC, UPON REQUEST.
   4. A. THE OFFICE  SHALL  BE  FUNDED  FROM  LEGISLATIVE  APPROPRIATIONS
 PROVIDED ANNUALLY, WITH EQUAL ALLOCATIONS PROVIDED BY THE SENATE AND THE
 ASSEMBLY AS EACH HOUSE DEEMS APPROPRIATE.
   B.  THE DIRECTOR MAY PROCURE, WITHIN THE AMOUNTS APPROPRIATED AND MADE
 AVAILABLE THEREFOR, UP-TO-DATE COMPUTER EQUIPMENT, OBTAIN  THE  SERVICES
 OF EXPERTS AND CONSULTANTS IN COMPUTER TECHNOLOGY.
   §  2.  Section 30 of the legislative law, as amended by chapter 766 of
 the laws of 2005, is amended to read as follows:
   § 30. Duties of finance and ways and means committees and  secretaries
 AND  OF  THE NON-PARTISAN OFFICE OF POLICY RESEARCH AND ANALYSIS AND ITS
 DIRECTOR.  The committees and their secretaries AND OF THE  NON-PARTISAN

 A. 4383                             3
 
 OFFICE  OF  POLICY  RESEARCH  AND  ANALYSIS  AND ITS DIRECTOR shall have
 access at all reasonable times to offices of state departments,  commis-
 sions,  boards,  bureaus  and  offices, to institutions and to all state
 authorities  and public works of the state and they may, for the purpose
 of obtaining information as to the method of operation,  general  condi-
 tion, management and needs thereof, examine the books, papers and public
 records  therein.  Notwithstanding any other provision of law such state
 departments, commissions, boards, bureaus,  offices,  state  authorities
 and institutions shall through their proper officers or deputies furnish
 to  such  committees  AND THE NON-PARTISAN OFFICE OF POLICY RESEARCH AND
 ANALYSIS such data, information or statements as may  be  necessary  for
 the  proper  exercise  of their powers and duties and for the purpose of
 carrying into effect the provisions of this  article.  The  finance  and
 ways  and  means  committee  in exercising the powers and performing the
 duties prescribed by this article may act  jointly,  or  separately,  as
 they deem advisable.
   § 3. This act shall take effect immediately.