S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4164
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Governmental Operations
 
 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00294-01-3
              

 A. 4164                             2
 
 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-
 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.
 A. 4164                             3
 
   (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.