BILL NUMBER: S5059          Revised 2/23/2021

SPONSOR: HELMING
 
TITLE OF BILL:

An act in relation to the appointees of all legislatively enacted work-
groups, task forces, commissions, councils, advisory groups and commit-
tees

 
PURPOSE:

Requires appointees of the minority leader of the senate and the minori-
ty leader of the assembly to be included in all legislatively enacted
workgroups, task forces, commissions, and committees.

 
SUMMARY OF PROVISIONS:

Section 1 - Notwithstanding any other provision of law, all legislative-
ly enacted workgroups, task forces, commissions, councils, advisory
groups, committees, or any other legislatively enacted and appointed
groups or panels, shall have proportionally equivalent numbers of
              

appointees in both the majority and minority of the senate and the
assembly; provided, further, that the number of appointees by the legis-
lature shall be proportionally equivalent to the number of appointees by
the governor.

Section 2 - Effective date.

 
JUSTIFICATION:

Committees, task forces and other work groups established by the Legis-
lature serve an important purpose. Working on behalf of the Legislature,
these entities often collect data and information and provide recommen-
dations to the Legislature. Ultimately, it is these recommendations that
can influence legislative policy and funding decisions.

For this reason, it is imperative that these committees are comprised of
equal representation from both the majority and minority conferences.
This provides more fair and equitable representation of all New Yorkers,
and ensures that their voices are represented on these important
matters.  New Yorkers have equal representation in the Legislature. They
should also have equal representation on legislatively-enacted commit-
tees and groups.

Therefore, this bill proposes a proportionally equivalent number of
appointments made by both the majority and minority conferences of the
Senate and Assembly for all legislatively-enacted work groups, task
forces, commissions, councils, advisory groups, committees, or any other
legislatively-enacted and appointed groups or panels.  Additionally,
many of these proposed and enacted panels authorize more appointments to
the Governor than the legislative branch, jeopardizing equal represen-
tation and the co-equal branches of government as outlined in the New
York State Constitution. Similar to the proposed legislation to end the
Governor's temporary emergency pandemic powers, this bill calls for the
State Senate and Assembly to represent their constituents and not abdi-
cate their role in government.

Furthermore, when the Legislature determines the appointments to these
committees, the number of appointees by the Legislature shall be propor-
tionally equivalent to the number of appointees by the Governor. At no
time shall the individual appointments made by the Executive exceed
those made by the Legislature. As stated on the NYS Senate official
webpage, "The Legislature, through its varied functions, serves as a
check upon the executive authority of the Governor and helps ensure that
the best interests of the State's citizens are legislatively repres-
ented."

An additional positive impact this bill may have is many of these legis-
latively-enacted panels are struggling to achieve a quorum due to a lack
of appointees. This challenge obstructs the commission's ability to
provide the guidance they were formed to produce. In fact, various bills
have been introduced to address this quorum issue.  Therefore, including
appointments to these commissions by the Minority Leaders of the Senate
and Assembly could assist in addressing this problem.

The people of the state of New York elect their representatives and are
entitled to equal representation in the Legislature. The same should be
true for the appointments and composition of all legislatively-enacted
workgroups, task forces, commissions, councils, advisory groups, commit-
tees, or any other legislatively-enacted and appointed groups or panels.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.