Bill Text: NY A04013 | 2011-2012 | General Assembly | Amended


Bill Title: Enacts the executive reorganization act of 2011 relating to the gubernatorial reorganization of governmental agencies and functions.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-03-12 - print number 4013a [A04013 Detail]

Download: New_York-2011-A04013-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4013--A
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
         the Constitution -- read once and referred to the  Committee  on  Ways
         and  Means -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the executive law, in relation to gubernatorial reorgan-
         ization of governmental agencies  and  functions;  and  to  amend  the
         legislative  law,  in  relation  to formulation of a concurrent resol-
         ution; and providing for the repeal of such provisions upon expiration
         thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   The executive law is amended by adding a new article 3-A
    2  to read as follows:
    3                                 ARTICLE 3-A
    4                    EXECUTIVE REORGANIZATION ACT OF 2011
    5  SECTION 33. SHORT TITLE.
    6          34.   DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.
    7          35.   DEFINITIONS.
    8          36.   FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN.
    9          37.   CONTENTS OF REORGANIZATION PLAN.
   10          38.   PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.
   11          39.   EFFECTIVE DATE OF REORGANIZATION PLAN.
   12          39-A. EFFECT ON ACTIONS OR PROCEEDINGS.
   13          39-B. SEVERABILITY.
   14    S 33. SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
   15  THE "EXECUTIVE REORGANIZATION ACT OF 2011".
   16    S  34.  DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.  1.
   17  THE GOVERNOR, FROM TIME TO TIME, SHALL EXAMINE THE ORGANIZATION  OF  ALL
   18  AGENCIES  AND  SHALL  DETERMINE  WHAT  CHANGES  THEREIN ARE NECESSARY TO
   19  ACCOMPLISH ONE OR MORE OF THE FOLLOWING PURPOSES:
   20    (A) TO PROMOTE THE BETTER EXECUTION OF THE LAWS,  THE  MORE  EFFECTIVE
   21  MANAGEMENT  OF THE GOVERNMENT AND OF ITS AGENCIES AND FUNCTIONS, AND THE
   22  EXPEDITIOUS ADMINISTRATION OF PUBLIC BUSINESS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12577-02-1
       A. 4013--A                          2
    1    (B) TO REDUCE EXPENDITURES AND PROMOTE ECONOMY TO THE  FULLEST  EXTENT
    2  CONSISTENT WITH THE EFFICIENT OPERATION OF THE GOVERNMENT;
    3    (C)  TO INCREASE THE EFFICIENCY OF THE OPERATIONS OF THE GOVERNMENT TO
    4  THE FULLEST EXTENT PRACTICABLE;
    5    (D) TO GROUP, CONSOLIDATE, COORDINATE AND MERGE AGENCIES AND FUNCTIONS
    6  OF THE GOVERNMENT;
    7    (E) TO REDUCE THE NUMBER OF AGENCIES  BY  CONSOLIDATING  THOSE  HAVING
    8  SIMILAR  FUNCTIONS, AND TO ABOLISH SUCH AGENCIES OR FUNCTIONS THEREOF AS
    9  MAY NOT BE NECESSARY FOR THE EFFICIENT CONDUCT OF THE GOVERNMENT; AND
   10    (F) TO ELIMINATE OVERLAP AND DUPLICATION OF EFFORT.
   11    2. THE LEGISLATURE DECLARES THAT THE PUBLIC INTEREST IS BEST SERVED BY
   12  FULFILLING THE PURPOSES SET FORTH IN THIS SECTION AND THAT SUCH PURPOSES
   13  MAY BE ACCOMPLISHED MORE SPEEDILY AND EFFECTIVELY UNDER THIS ARTICLE.
   14    S 35. DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
   15  HAVE THE FOLLOWING MEANINGS:
   16    1. "AGENCY" MEANS:
   17    (A) ANY ADMINISTRATIVE UNIT OF STATE GOVERNMENT,  INCLUDING,  BUT  NOT
   18  LIMITED TO, ANY AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION,
   19  INSTITUTION,  OFFICE, STATE PUBLIC AUTHORITY, STATE TASK FORCE, OR OTHER
   20  BODY, OR PARTS THEREOF, HOWEVER DESIGNATED, WHETHER OR NOT  IT  RECEIVES
   21  LEGISLATIVE APPROPRIATIONS, BUT DOES NOT INCLUDE ANY ENTITY WHOSE PRIMA-
   22  RY  FUNCTION IS SERVICE TO THE LEGISLATIVE OR JUDICIAL BRANCHES OF STATE
   23  GOVERNMENT, THE DEPARTMENT OF LAW, THE DEPARTMENT OF AUDIT  AND  CONTROL
   24  OR THE BOARD OF REGENTS;
   25    (B)  ANY OFFICE OR OFFICER IN ANY AGENCY, EXCEPT THE DEPARTMENT OF LAW
   26  AND DEPARTMENT OF AUDIT AND CONTROL; AND
   27    (C) ANY STATE PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPORATION  CREATED
   28  BY  OR  EXISTING  UNDER  ANY STATE LAW, OR PARTS THEREOF, HOWEVER DESIG-
   29  NATED, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR OR  WHO
   30  SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE, OTHER
   31  THAN  AN  INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC BENEFIT CORPO-
   32  RATION, INCLUDING ANY SUBSIDIARIES OF SUCH PUBLIC  AUTHORITY  OR  PUBLIC
   33  BENEFIT CORPORATION.
   34    PROVIDED  THAT  "AGENCY"  SHALL  NOT  INCLUDE  ANY  DEPARTMENT, BOARD,
   35  BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF A
   36  MUNICIPALITY OR A LOCAL INDUSTRIAL DEVELOPMENT AGENCY  OR  LOCAL  PUBLIC
   37  AUTHORITY OR LOCAL PUBLIC BENEFIT CORPORATION AS THAT TERM IS DEFINED IN
   38  SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW.
   39    2. "ASSEMBLY" MEANS THE NEW YORK STATE ASSEMBLY.
   40    3.  "FUNCTION"  MEANS ANY ACTIVITY, ASSIGNMENT, DUTY, POWER, RESPONSI-
   41  BILITY, RIGHT, SET OF OPERATIONS OR OTHER ACTIVITY.
   42    4. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK.
   43    5. "LEGISLATURE" MEANS THE LEGISLATURE OF THE STATE OF NEW YORK.
   44    6. "OFFICER" MEANS EVERY OFFICER APPOINTED BY ONE OR MORE STATE  OFFI-
   45  CERS,  OR  BY THE LEGISLATURE, AND AUTHORIZED TO EXERCISE THEIR OFFICIAL
   46  FUNCTIONS THROUGHOUT THE ENTIRE STATE,  OR  WITHOUT  LIMITATION  TO  ANY
   47  POLITICAL  SUBDIVISION  OF  THE  STATE,  AND  IS  NOT LIMITED TO PERSONS
   48  RECEIVING COMPENSATION FOR THEIR SERVICES.
   49    7. "REGULATION OR OTHER ACTION" MEANS  ANY  REGULATION,  RULE,  ORDER,
   50  POLICY,  DETERMINATION,  DIRECTIVE,  AUTHORIZATION,  PERMIT,  PRIVILEGE,
   51  REQUIREMENT, DESIGNATION, OR OTHER ACTION.
   52    8. "REORGANIZATION" OR "REORGANIZE" MEANS:
   53    (A) THE TRANSFER OF THE WHOLE OR ANY PART OF ANY  AGENCY,  OR  OF  THE
   54  WHOLE  OR  ANY  PART  OF  THE FUNCTIONS THEREOF, TO THE JURISDICTION AND
   55  CONTROL OF ANY OTHER AGENCY;
   56    (B) THE ABOLITION OF ALL OR ANY PART OF THE FUNCTIONS OF ANY AGENCY;
       A. 4013--A                          3
    1    (C)  THE CONSOLIDATION, COORDINATION OR MERGER OF  THE  WHOLE  OR  ANY
    2  PART  OF ANY AGENCY, OR OF THE WHOLE OR ANY PART OF THE FUNCTIONS THERE-
    3  OF, WITH THE WHOLE OR ANY PART OF ANY  OTHER  AGENCY  OR  THE  FUNCTIONS
    4  THEREOF;
    5    (D)  THE  CONSOLIDATION,  COORDINATION  OR  MERGER, OF ANY PART OF ANY
    6  AGENCY OR THE FUNCTIONS THEREOF WITH ANY OTHER PART OF THE  SAME  AGENCY
    7  OR THE FUNCTIONS THEREOF;
    8    (E)  THE  AUTHORIZATION OF ANY NON-ELECTIVE OFFICER TO DELEGATE ANY OF
    9  THEIR FUNCTIONS;
   10    (F) THE ABOLITION OF THE WHOLE OR ANY PART OF ANY  AGENCY  WHICH  DOES
   11  NOT HAVE, OR UPON THE TAKING EFFECT OF REORGANIZATION WILL NOT HAVE, ANY
   12  FUNCTIONS; OR
   13    (G) THE ESTABLISHMENT OF A NEW AGENCY TO PERFORM THE WHOLE OR ANY PART
   14  OF THE FUNCTIONS OF ANY EXISTING AGENCY OR AGENCIES.
   15    9. "REORGANIZATION PLAN" OR "PLAN" SHALL MEAN THE BILL PREPARED BY THE
   16  GOVERNOR,  AND  SUBMITTED  TO  THE  LEGISLATURE  AS A PROGRAM BILL, THAT
   17  CONTAINS TERMS AND INFORMATION REGARDING THE REORGANIZATION  OF  ONE  OR
   18  MORE AGENCIES PURSUANT TO THIS ARTICLE WHICH, WHEN ENACTED, SHALL ACCOM-
   19  PLISH SUCH REORGANIZATION.
   20    10. "SENATE" MEANS THE NEW YORK STATE SENATE.
   21    S 36. FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN.  1. WHEN-
   22  EVER  THE  GOVERNOR FINDS IT IN THE PUBLIC INTEREST, HE OR SHE MAY REOR-
   23  GANIZE ONE OR MORE AGENCIES.
   24    2.  NOTHING IN THIS ARTICLE SHALL PROHIBIT OR LIMIT THE  AUTHORITY  OF
   25  THE  GOVERNOR OR LEGISLATURE TO IMPLEMENT OR ENACT A REORGANIZATION PLAN
   26  PURSUANT TO ANY OTHER LAWFUL PROCESS.
   27    S 37. CONTENTS OF REORGANIZATION  PLAN.    1.  A  REORGANIZATION  PLAN
   28  SHALL:
   29    (A) SET FORTH A DESCRIPTION OF THE NATURE AND PURPOSES OF THE REORGAN-
   30  IZATION, TOGETHER WITH AN EXPLANATION OF THE ADVANTAGES THAT WILL RESULT
   31  FROM ITS IMPLEMENTATION;
   32    (B)  SPECIFY WITH RESPECT TO EACH FUNCTION THAT IS EITHER ABOLISHED OR
   33  MERGED WITH ANOTHER FUNCTION INCLUDED IN THE PLAN THE STATUTORY AUTHORI-
   34  TY FOR THE EXERCISE OF THE FUNCTION;
   35    (C) PROVIDE FOR THE UNINTERRUPTED CONDUCT OF THE GOVERNMENTAL SERVICES
   36  AND FUNCTIONS AFFECTED BY BUT NOT ABSORBED BY THE PLAN;
   37    (D) PROVIDE FOR THE TRANSFER, ASSUMPTION OR OTHER DISPOSITION  OF  THE
   38  RECORDS,  PROPERTY,  AND PERSONNEL AFFECTED BY A REORGANIZATION, FURTHER
   39  PROVIDED, SHOULD ANY EMPLOYEES BE TRANSFERRED FROM ONE AGENCY TO  ANOTH-
   40  ER, THAT SUCH TRANSFER WILL BE WITHOUT FURTHER EXAMINATION OR QUALIFICA-
   41  TION  AND  SUCH  EMPLOYEES  SHALL  RETAIN THEIR RESPECTIVE CIVIL SERVICE
   42  CLASSIFICATIONS, STATUS AND COLLECTIVE BARGAINING UNIT DESIGNATIONS  AND
   43  BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS;
   44    (E) PROVIDE FOR TERMINATING THE AFFAIRS OF AN AGENCY ABOLISHED;
   45    (F)  SET  FORTH  EVERY  LAW AND CHAPTER THAT WILL BE DIRECTLY IMPACTED
   46  PURSUANT TO THE REORGANIZATION PLAN;
   47    (G) PROVIDE FOR THE TRANSFER OF SUCH UNEXPENDED BALANCES OF  APPROPRI-
   48  ATIONS  AND  REAPPROPRIATION  OF  REMAINING EXPENDED OR UNEXPENDED FUNDS
   49  WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED  OR  UNOBLIGATED,
   50  AVAILABLE  FOR USE IN CONNECTION WITH A FUNCTION OR AGENCY AFFECTED BY A
   51  REORGANIZATION, AS NECESSARY BY REASON OF THE REORGANIZATION FOR USE  IN
   52  CONNECTION WITH THE FUNCTIONS AFFECTED BY THE REORGANIZATION, OR FOR THE
   53  USE  OF  THE AGENCY WHICH SHALL HAVE THE FUNCTIONS AFTER THE REORGANIZA-
   54  TION PLAN IS EFFECTIVE. HOWEVER, THE UNEXPENDED BALANCES SO  TRANSFERRED
   55  MAY  BE  USED  ONLY  FOR  THE  PURPOSES  FOR WHICH THE APPROPRIATION WAS
   56  ORIGINALLY MADE;
       A. 4013--A                          4
    1    (H) PROVIDE THAT NO EXISTING RIGHT OR REMEDY SHALL BE  LOST,  IMPAIRED
    2  OR AFFECTED BY ANY REORGANIZATION PLAN;
    3    (I) PROVIDE THAT NO ACTION OR PROCEEDING PENDING AT ANY TIME WHEN SUCH
    4  REORGANIZATION PLAN TAKES EFFECT, BROUGHT BY OR AGAINST ANY AGENCY WHICH
    5  IS SUBJECT TO SUCH PLAN, SHALL BE AFFECTED BY ANY PROVISION OF THE PLAN,
    6  BUT  THE  SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF SUCH AGENCY.
    7  IN ALL SUCH ACTIONS AND PROCEEDINGS, IF AN AGENCY IS ELIMINATED AND  ITS
    8  FUNCTIONS  AND  RESPONSIBILITIES  ARE  TRANSFERRED, THEN THE HEAD OF THE
    9  SURVIVING AGENCY, UPON APPLICATION OF THE COURT, SHALL BE SUBSTITUTED AS
   10  A PARTY;
   11    (J) DESCRIBE IN DETAIL:
   12    (I) OTHER ACTIONS, IF ANY, NECESSARY TO PLAN TO COMPLETE THE  REORGAN-
   13  IZATION;
   14    (II)  THE  ANTICIPATED NATURE AND SUBSTANCE OF ANY ORDERS, DIRECTIVES,
   15  AND OTHER ADMINISTRATIVE AND OPERATIONAL ACTIONS WHICH ARE  EXPECTED  TO
   16  BE REQUIRED FOR COMPLETING OR IMPLEMENTING THE REORGANIZATION; AND
   17    (III) ANY PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN THE IMPLEMENTA-
   18  TION PROCESS;
   19    (K) PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE IMPLEMENTATION
   20  PROCESS; AND
   21    (L)  INCLUDE  PROVISIONS  FOR  THE APPOINTMENT AND COMPENSATION OF THE
   22  HEAD AND ONE OR MORE OFFICERS OF AN AGENCY (INCLUDING AN AGENCY  RESULT-
   23  ING  FROM A CONSOLIDATION OR OTHER TYPE OF REORGANIZATION) IF THE GOVER-
   24  NOR FINDS AND DECLARES THAT BY REASON OF A REORGANIZATION  MADE  BY  THE
   25  PLAN  THE  PROVISIONS ARE IN THE PUBLIC INTEREST. THE AGENCY HEAD MAY BE
   26  AN INDIVIDUAL OR MAY BE A COMMISSION OR BOARD WITH MORE THAN ONE MEMBER.
   27  IN ANY CASE, THE TERM OF OFFICE MAY NOT BE FIXED FOR A PERIOD IN  EXCESS
   28  OF THE TERM REMAINING TO BE SERVED BY THE THEN GOVERNOR, THE PAY MAY NOT
   29  BE AT A RATE IN EXCESS OF THAT FOUND BY THE GOVERNOR TO BE APPLICABLE TO
   30  COMPARABLE  OFFICERS IN THE STATE GOVERNMENT, AND, IF THE APPOINTMENT IS
   31  NOT TO A POSITION IN THE COMPETITIVE SERVICE, IT SHALL BE  MADE  BY  THE
   32  COMMISSIONER  OR  OTHER  CHIEF EXECUTIVE OFFICER, BOARD OR COMMISSION OF
   33  THE AGENCY AFFECTED.
   34    2. A REORGANIZATION PLAN MAY CHANGE THE NAME OF AN AGENCY AFFECTED  BY
   35  A REORGANIZATION AND THE TITLE OF ITS HEAD, AND SHALL DESIGNATE THE NAME
   36  OF AN AGENCY RESULTING FROM A REORGANIZATION AND THE TITLE OF ITS HEAD.
   37    S  38.  PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.  1. NO
   38  REORGANIZATION PLAN SHALL PROVIDE FOR, AND NO REORGANIZATION UNDER  THIS
   39  ARTICLE SHALL HAVE THE EFFECT OF:
   40    (A)  ABOLISHING  OR  MODIFYING  ANY AGENCY OR ENTITY CREATED OR ESTAB-
   41  LISHED BY THE NEW YORK STATE CONSTITUTION, INCLUDING WITHOUT LIMITATION,
   42  THE BOARD OF REGENTS, LEGISLATURE, JUDICIARY, COMPTROLLER  AND  ATTORNEY
   43  GENERAL, OR ABOLISHING OR MODIFYING ANY AGENCY OR ENTITY ADMINISTERED BY
   44  SUCH  CONSTITUTIONALLY  ESTABLISHED AGENCY OR ENTITY THAT IS NOT SUBJECT
   45  TO DIRECT GUBERNATORIAL CONTROL, OR ABOLISHING  OR  TRANSFERRING  TO  OR
   46  FROM  THE  JURISDICTION  AND  CONTROL  OF  ANY  SUCH AGENCY ANY FUNCTION
   47  CONFERRED BY THE NEW YORK STATE CONSTITUTION ON AN AGENCY AUTHORIZED  BY
   48  SUCH  CONSTITUTION,  OR  AFFECTING OR CHANGING ANY IMPLEMENTING STATUTES
   49  RELATED TO SUCH AGENCIES OR ENTITIES;
   50    (B) ABOLISHING ANY FUNCTION REQUIRED  BY  FEDERAL  LAW  OR  INTERSTATE
   51  COMPACTS;
   52    (C) VIOLATING ANY COVENANT WITH BONDHOLDERS; OR
   53    (D)  ABOLISHING  STATUTORILY  PRESCRIBED FUNCTIONS, PROVIDED THAT SUCH
   54  FUNCTIONS MAY BE ASSIGNED TO A DIFFERENT AGENCY THAN THE  ONE  TO  WHICH
   55  THEY WERE ORIGINALLY ASSIGNED BY THE STATUTE.
       A. 4013--A                          5
    1    2. NO REORGANIZATION PLAN SHALL HAVE THE EFFECT OF LIMITING IN ANY WAY
    2  THE  VALIDITY  OF ANY STATUTE ENACTED, OR ANY REGULATION OR OTHER ACTION
    3  MADE, PRESCRIBED, ISSUED, GRANTED OR PERFORMED IN RESPECT TO OR  BY  ANY
    4  AGENCY  BEFORE  THE EFFECTIVE DATE OF THE PLAN EXCEPT TO THE EXTENT THAT
    5  THE PLAN SPECIFICALLY SO PROVIDES NOR SHALL SUCH PLAN HAVE THE EFFECT OF
    6  LIMITING OR ALTERING THE ROLE OF THE SENATE IN THE ADVICE AND CONSENT TO
    7  THE SELECTION OF PUBLIC OFFICIALS.
    8    S 39. EFFECTIVE DATE OF REORGANIZATION PLAN.  1. A REORGANIZATION PLAN
    9  SHALL BE VOTED ON BY EACH HOUSE OF THE LEGISLATURE, WITHOUT AMENDMENT AS
   10  SUBMITTED  BY  THE  GOVERNOR,  WITHIN THIRTY DAYS AFTER SUCH SUBMISSION.
   11  THE GOVERNOR MAY SUBMIT ONLY ONE SUCH PLAN ANNUALLY AND MAY  AMEND  THAT
   12  PLAN ONE TIME WITHIN SUCH THIRTY DAY PERIOD. BOTH HOUSES OF THE LEGISLA-
   13  TURE  SHALL  THEN HAVE THIRTY DAYS FROM THE SUBMISSION OF SUCH AMENDMENT
   14  TO VOTE ON THE AMENDED REORGANIZATION PLAN. WITHOUT THE CONSENT OF  BOTH
   15  HOUSES  OF  THE  LEGISLATURE,  NEITHER  A  PLAN  NOR AN AMENDMENT MAY BE
   16  SUBMITTED BY THE GOVERNOR AFTER THE THIRTIETH DAY OF MAY IN ANY YEAR.
   17    2. UNDER PROVISIONS CONTAINED IN A REORGANIZATION PLAN, A PROVISION OF
   18  THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE  DATE  ON  WHICH  THE
   19  PLAN OTHERWISE IS EFFECTIVE.
   20    S  39-A.  EFFECT  ON  ACTIONS OR PROCEEDINGS.   THIS ARTICLE SHALL NOT
   21  AFFECT ACTIONS OR PROCEEDINGS, CIVIL OR CRIMINAL, BROUGHT BY OR  AGAINST
   22  ANY  AGENCY  OR  OFFICER, THE FUNCTIONS, POWERS AND DUTIES OF WHICH HAVE
   23  BEEN TRANSFERRED OR ABOLISHED PURSUANT TO THIS ARTICLE;  NOR  SHALL  ANY
   24  REORGANIZATION  AFFECT  ANY  ORDER  OR  RECOMMENDATION MADE BY, OR OTHER
   25  MATTERS OR PROCEEDINGS BEFORE, ANY AGENCY  OR  OFFICER,  THE  FUNCTIONS,
   26  POWERS  AND  DUTIES OF WHICH HAVE BEEN TRANSFERRED OR ABOLISHED PURSUANT
   27  TO A REORGANIZATION PLAN UNDER THIS ARTICLE.
   28    S 39-B. SEVERABILITY.  IF ANY CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVI-
   29  SION,  SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF
   30  COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT  SHALL  NOT  AFFECT,
   31  IMPAIR,  OR  INVALIDATE  THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN
   32  ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH,  SUBDIVISION,  SECTION
   33  OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
   34  MENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF
   35  THE  LEGISLATURE  THAT THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN IF SUCH
   36  INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
   37    S 2. The legislative law is amended by adding a new  section  54-b  to
   38  read as follows:
   39    S 54-B. REORGANIZATION PLAN.  THE LEGISLATURE MAY BY CONCURRENT RESOL-
   40  UTION  PRESCRIBE  RULES FOR THE CONSIDERATION AND DISPOSITION OF A REOR-
   41  GANIZATION PLAN, AS DEFINED IN ARTICLE THREE-A OF THE EXECUTIVE LAW.
   42    S 3. This act shall  take  effect  immediately  and  shall  be  deemed
   43  repealed May 31, 2014.
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