S T A T E   O F   N E W   Y O R K
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           S. 2813                                                  A. 4013
                             S E N A T E - A S S E M B L Y
                                   February 1, 2011
                                      ___________
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance
       IN  ASSEMBLY  --  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
       AN ACT to amend the executive law, in relation to gubernatorial reorgan-
         ization of governmental agencies and functions, subject to disapproval
         by  the  legislature; and to amend the legislative law, in relation to
         formulation of a concurrent resolution  incorporating    gubernatorial
         reorganization
         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                  TRANSMITTAL TO LEGISLATURE;  FILING  WITH  SECRETARY  OF
   10                  STATE.
   11          37.   CONTENTS OF REORGANIZATION PLAN.
   12          38.   PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.
   13          39.   EFFECTIVE DATE OF REORGANIZATION PLAN.
   14          39-A. EFFECT ON ACTIONS OR PROCEEDINGS.
   15          39-B. SEVERABILITY.
   16    S  33.  SHORT TITLE.   THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   17  THE "EXECUTIVE REORGANIZATION ACT OF 2011".
   18    S 34. DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.    1.
   19  THE  GOVERNOR,  FROM TIME TO TIME, SHALL EXAMINE THE ORGANIZATION OF ALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12577-01-1
       S. 2813                             2                            A. 4013
    1  AGENCIES AND SHALL DETERMINE  WHAT  CHANGES  THEREIN  ARE  NECESSARY  TO
    2  ACCOMPLISH ONE OR MORE OF THE FOLLOWING PURPOSES:
    3    (A)  TO  PROMOTE  THE BETTER EXECUTION OF THE LAWS, THE MORE EFFECTIVE
    4  MANAGEMENT OF THE GOVERNMENT AND OF ITS AGENCIES AND FUNCTIONS, AND  THE
    5  EXPEDITIOUS ADMINISTRATION OF PUBLIC BUSINESS;
    6    (B)  TO  REDUCE EXPENDITURES AND PROMOTE ECONOMY TO THE FULLEST EXTENT
    7  CONSISTENT WITH THE EFFICIENT OPERATION OF THE GOVERNMENT;
    8    (C) TO INCREASE THE EFFICIENCY OF THE OPERATIONS OF THE GOVERNMENT  TO
    9  THE FULLEST EXTENT PRACTICABLE;
   10    (D) TO GROUP, CONSOLIDATE, COORDINATE AND MERGE AGENCIES AND FUNCTIONS
   11  OF THE GOVERNMENT;
   12    (E)  TO  REDUCE  THE  NUMBER OF AGENCIES BY CONSOLIDATING THOSE HAVING
   13  SIMILAR FUNCTIONS, AND TO ABOLISH SUCH AGENCIES OR FUNCTIONS THEREOF  AS
   14  MAY NOT BE NECESSARY FOR THE EFFICIENT CONDUCT OF THE GOVERNMENT; AND
   15    (F) TO ELIMINATE OVERLAP AND DUPLICATION OF EFFORT.
   16    2. THE LEGISLATURE DECLARES THAT THE PUBLIC INTEREST IS BEST SERVED BY
   17  FULFILLING THE PURPOSES SET FORTH IN THIS SECTION AND THAT SUCH PURPOSES
   18  MAY BE ACCOMPLISHED MORE SPEEDILY AND EFFECTIVELY UNDER THIS ARTICLE.
   19    S 35. DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
   20  HAVE THE FOLLOWING MEANINGS:
   21    1. "AGENCY" MEANS:
   22    (A)  ANY  ADMINISTRATIVE  UNIT OF STATE GOVERNMENT, INCLUDING, BUT NOT
   23  LIMITED TO, ANY AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION,
   24  INSTITUTION, OFFICE, STATE PUBLIC AUTHORITY, STATE TASK FORCE, OR  OTHER
   25  BODY,  OR  PARTS THEREOF, HOWEVER DESIGNATED, WHETHER OR NOT IT RECEIVES
   26  LEGISLATIVE APPROPRIATIONS, BUT DOES NOT INCLUDE ANY ENTITY WHOSE PRIMA-
   27  RY FUNCTION IS SERVICE TO THE LEGISLATIVE OR JUDICIAL BRANCHES OF  STATE
   28  GOVERNMENT,  THE  DEPARTMENT  OF  LAW  OR  THE  DEPARTMENT  OF AUDIT AND
   29  CONTROL;
   30    (B) ANY OFFICE OR OFFICER IN ANY AGENCY, EXCEPT THE DEPARTMENT OF  LAW
   31  AND DEPARTMENT OF AUDIT AND CONTROL; AND
   32    (C)  ANY  STATE PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION CREATED
   33  BY OR EXISTING UNDER ANY STATE LAW, OR  PARTS  THEREOF,  HOWEVER  DESIG-
   34  NATED,  WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR OR WHO
   35  SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE, OTHER
   36  THAN AN INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC  BENEFIT  CORPO-
   37  RATION,  INCLUDING  ANY  SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR PUBLIC
   38  BENEFIT CORPORATION.
   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;
       S. 2813                             3                            A. 4013
    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 A WRITTEN DOCUMENT
   16  PREPARED BY  THE  GOVERNOR,  AND  SUBMITTED  TO  THE  LEGISLATURE,  THAT
   17  CONTAINS  TERMS  AND  INFORMATION REGARDING THE REORGANIZATION OF ONE OR
   18  MORE AGENCIES PURSUANT TO THIS ARTICLE.
   19    10. "SENATE" MEANS THE NEW YORK STATE SENATE.
   20    S 36. FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN; TRANSMIT-
   21  TAL TO LEGISLATURE; FILING WITH SECRETARY OF STATE.    1.  WHENEVER  THE
   22  GOVERNOR  FINDS  IT IN THE PUBLIC INTEREST, HE OR SHE MAY REORGANIZE ONE
   23  OR MORE AGENCIES.
   24    2. WHERE A REORGANIZATION OF AN AGENCY REQUIRES THE FORCE OF  LAW,  IT
   25  SHALL  BE  IMPLEMENTED THROUGH A REORGANIZATION PLAN, WHICH THE GOVERNOR
   26  SHALL TRANSMIT TO THE SENATE AND ASSEMBLY ON A DAY ON WHICH BOTH  HOUSES
   27  OF  THE  LEGISLATURE  SHALL  BE  MEETING, SEPARATELY OR TOGETHER, IN THE
   28  COURSE OF A REGULAR OR SPECIAL SESSION.
   29    3. A COPY OF THE PLAN SHALL BE FILED WITH THE SECRETARY OF  STATE  WHO
   30  SHALL  PUBLISH  IT IN THE STATE REGISTER AS SOON AFTER RECEIPT AS POSSI-
   31  BLE.
   32    S 37. CONTENTS OF REORGANIZATION  PLAN.    1.  A  REORGANIZATION  PLAN
   33  SHALL:
   34    (A) SET FORTH A DESCRIPTION OF THE NATURE AND PURPOSES OF THE REORGAN-
   35  IZATION, TOGETHER WITH AN EXPLANATION OF THE ADVANTAGES THAT WILL RESULT
   36  FROM ITS IMPLEMENTATION;
   37    (B)  SPECIFY WITH RESPECT TO EACH FUNCTION THAT IS EITHER ABOLISHED OR
   38  MERGED WITH ANOTHER FUNCTION INCLUDED IN THE PLAN THE STATUTORY AUTHORI-
   39  TY FOR THE EXERCISE OF THE FUNCTION;
   40    (C) PROVIDE FOR THE UNINTERRUPTED CONDUCT OF THE GOVERNMENTAL SERVICES
   41  AND FUNCTIONS AFFECTED BY BUT NOT ABSORBED BY THE PLAN;
   42    (D) PROVIDE FOR THE TRANSFER, ASSUMPTION OR OTHER DISPOSITION  OF  THE
   43  RECORDS,  PROPERTY,  AND PERSONNEL AFFECTED BY A REORGANIZATION, FURTHER
   44  PROVIDED, SHOULD ANY EMPLOYEES BE TRANSFERRED FROM ONE AGENCY TO  ANOTH-
   45  ER, THAT SUCH TRANSFER WILL BE WITHOUT FURTHER EXAMINATION OR QUALIFICA-
   46  TION  AND  SUCH  EMPLOYEES  SHALL  RETAIN THEIR RESPECTIVE CIVIL SERVICE
   47  CLASSIFICATIONS, STATUS AND COLLECTIVE BARGAINING UNIT DESIGNATIONS  AND
   48  BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS;
   49    (E) PROVIDE FOR TERMINATING THE AFFAIRS OF AN AGENCY ABOLISHED;
   50    (F)  SET  FORTH  EVERY  LAW AND CHAPTER THAT WILL BE DIRECTLY IMPACTED
   51  PURSUANT TO THE REORGANIZATION PLAN;
   52    (G) PROVIDE FOR THE TRANSFER OF SUCH UNEXPENDED BALANCES OF  APPROPRI-
   53  ATIONS  AND  REAPPROPRIATION  OF  REMAINING EXPENDED OR UNEXPENDED FUNDS
   54  WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED  OR  UNOBLIGATED,
   55  AVAILABLE  FOR USE IN CONNECTION WITH A FUNCTION OR AGENCY AFFECTED BY A
   56  REORGANIZATION, AS NECESSARY BY REASON OF THE REORGANIZATION FOR USE  IN
       S. 2813                             4                            A. 4013
    1  CONNECTION WITH THE FUNCTIONS AFFECTED BY THE REORGANIZATION, OR FOR THE
    2  USE  OF  THE AGENCY WHICH SHALL HAVE THE FUNCTIONS AFTER THE REORGANIZA-
    3  TION PLAN IS EFFECTIVE. HOWEVER, THE UNEXPENDED BALANCES SO  TRANSFERRED
    4  MAY  BE  USED  ONLY  FOR  THE  PURPOSES  FOR WHICH THE APPROPRIATION WAS
    5  ORIGINALLY MADE;
    6    (H) PROVIDE THAT NO EXISTING RIGHT OR REMEDY OF ANY CHARACTER SHALL BE
    7  LOST, IMPAIRED OR AFFECTED BY ANY REORGANIZATION PLAN;
    8    (I) PROVIDE THAT NO ACTION OR PROCEEDING PENDING AT ANY TIME WHEN SUCH
    9  REORGANIZATION PLAN TAKES EFFECT, BROUGHT BY OR AGAINST ANY AGENCY WHICH
   10  IS SUBJECT TO SUCH PLAN, SHALL BE AFFECTED BY ANY PROVISION OF THE PLAN,
   11  BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF  SUCH  AGENCY.
   12  IN  ALL SUCH ACTIONS AND PROCEEDINGS, IF AN AGENCY IS ELIMINATED AND ITS
   13  FUNCTIONS AND RESPONSIBILITIES ARE TRANSFERRED, THEN  THE  HEAD  OF  THE
   14  SURVIVING AGENCY, UPON APPLICATION OF THE COURT, SHALL BE SUBSTITUTED AS
   15  A PARTY;
   16    (J) DESCRIBE IN DETAIL:
   17    (I)  OTHER ACTIONS, IF ANY, NECESSARY TO PLAN TO COMPLETE THE REORGAN-
   18  IZATION;
   19    (II) THE ANTICIPATED NATURE AND SUBSTANCE OF ANY  ORDERS,  DIRECTIVES,
   20  AND  OTHER  ADMINISTRATIVE AND OPERATIONAL ACTIONS WHICH ARE EXPECTED TO
   21  BE REQUIRED FOR COMPLETING OR IMPLEMENTING THE REORGANIZATION; AND
   22    (III) ANY PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN THE IMPLEMENTA-
   23  TION PROCESS; AND
   24    (K) PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE IMPLEMENTATION
   25  PROCESS.
   26    2. A REORGANIZATION PLAN MAY:
   27    (A) CHANGE THE NAME OF AN AGENCY AFFECTED BY A REORGANIZATION AND  THE
   28  TITLE  OF  ITS HEAD, AND SHALL DESIGNATE THE NAME OF AN AGENCY RESULTING
   29  FROM A REORGANIZATION AND THE TITLE OF ITS HEAD;
   30    (B) INCLUDE PROVISIONS FOR THE APPOINTMENT  AND  COMPENSATION  OF  THE
   31  HEAD  AND ONE OR MORE OFFICERS OF AN AGENCY (INCLUDING AN AGENCY RESULT-
   32  ING FROM A CONSOLIDATION OR OTHER TYPE OF REORGANIZATION) IF THE  GOVER-
   33  NOR  FINDS  AND  DECLARES THAT BY REASON OF A REORGANIZATION MADE BY THE
   34  PLAN THE PROVISIONS ARE IN THE PUBLIC INTEREST. THE AGENCY HEAD  MAY  BE
   35  AN INDIVIDUAL OR MAY BE A COMMISSION OR BOARD WITH MORE THAN ONE MEMBER.
   36  IN  ANY CASE, THE TERM OF OFFICE MAY NOT BE FIXED FOR A PERIOD IN EXCESS
   37  OF THE TERM REMAINING TO BE SERVED BY THE THEN GOVERNOR, THE PAY MAY NOT
   38  BE AT A RATE IN EXCESS OF THAT FOUND BY THE GOVERNOR TO BE APPLICABLE TO
   39  COMPARABLE OFFICERS IN THE STATE GOVERNMENT, AND, IF THE APPOINTMENT  IS
   40  NOT  TO  A  POSITION IN THE COMPETITIVE SERVICE, IT SHALL BE MADE BY THE
   41  COMMISSIONER OR OTHER CHIEF EXECUTIVE OFFICER, BOARD  OR  COMMISSION  OF
   42  THE AGENCY AFFECTED.
   43    S  38.  PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.  1. NO
   44  REORGANIZATION PLAN SHALL PROVIDE FOR, AND NO REORGANIZATION UNDER  THIS
   45  ARTICLE SHALL HAVE THE EFFECT OF:
   46    (A)  CONTINUING  AN AGENCY BEYOND THE PERIOD AUTHORIZED BY LAW FOR ITS
   47  EXISTENCE OR BEYOND THE TIME WHEN IT WOULD HAVE TERMINATED IF THE  REOR-
   48  GANIZATION HAD NOT BEEN MADE;
   49    (B)  CONTINUING  ANY  FUNCTION BEYOND THE PERIOD AUTHORIZED BY LAW FOR
   50  ITS EXERCISE, OR BEYOND THE TIME WHEN IT WOULD HAVE  TERMINATED  IF  THE
   51  REORGANIZATION HAD NOT BEEN MADE;
   52    (C) AUTHORIZING AN AGENCY TO EXERCISE A FUNCTION THAT IS NOT EXPRESSLY
   53  AUTHORIZED  BY LAW AT THE TIME THE REORGANIZATION PLAN IS TRANSMITTED TO
   54  THE LEGISLATURE;
   55    (D) INCREASING THE TERM OF ANY OFFICE BEYOND THAT PROVIDED BY LAW  FOR
   56  THE OFFICE;
       S. 2813                             5                            A. 4013
    1    (E) ABOLISHING ANY AGENCY PROVIDED FOR BY THE NEW YORK STATE CONSTITU-
    2  TION,  OR  ABOLISHING OR TRANSFERRING TO THE JURISDICTION AND CONTROL OF
    3  ANY SUCH AGENCY ANY FUNCTION CONFERRED BY THE NEW YORK  STATE  CONSTITU-
    4  TION ON AN AGENCY AUTHORIZED BY SUCH CONSTITUTION;
    5    (F)  ABOLISHING  ANY  FUNCTION  REQUIRED  BY FEDERAL LAW OR INTERSTATE
    6  COMPACTS; OR
    7    (G) VIOLATING ANY COVENANT WITH BONDHOLDERS.
    8    2. NO REORGANIZATION PLAN SHALL HAVE THE EFFECT OF LIMITING IN ANY WAY
    9  THE VALIDITY OF ANY STATUTE ENACTED, OR ANY REGULATION OR  OTHER  ACTION
   10  MADE,  PRESCRIBED,  ISSUED, GRANTED OR PERFORMED IN RESPECT TO OR BY ANY
   11  AGENCY BEFORE THE EFFECTIVE DATE OF THE PLAN EXCEPT TO THE  EXTENT  THAT
   12  THE PLAN SPECIFICALLY SO PROVIDES.
   13    S 39. EFFECTIVE DATE OF REORGANIZATION PLAN.  1. A REORGANIZATION PLAN
   14  SHALL  TAKE  EFFECT,  ON  A DATE DESIGNATED BY THE GOVERNOR IF, WITHIN A
   15  PERIOD OF THIRTY CALENDAR DAYS AFTER THE DATE ON WHICH THE PLAN IS TRAN-
   16  SMITTED TO THE SENATE AND ASSEMBLY, A MAJORITY OF THE  MEMBERS  OF  EACH
   17  HOUSE  OF  THE  LEGISLATURE VOTE TO ADOPT SUCH PLAN BY CONCURRENT RESOL-
   18  UTION.
   19    2. UNDER PROVISIONS CONTAINED IN A REORGANIZATION PLAN, A PROVISION OF
   20  THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE  DATE  ON  WHICH  THE
   21  PLAN OTHERWISE IS EFFECTIVE.
   22    3.  A  REORGANIZATION  PLAN APPROVED BY BOTH HOUSES OF THE LEGISLATURE
   23  SHALL HAVE THE FORCE AND EFFECT OF LAW.
   24    S 39-A. EFFECT ON ACTIONS OR PROCEEDINGS.    THIS  ARTICLE  SHALL  NOT
   25  AFFECT  ACTIONS OR PROCEEDINGS, CIVIL OR CRIMINAL, BROUGHT BY OR AGAINST
   26  ANY AGENCY OR OFFICER, THE FUNCTIONS, POWERS AND DUTIES  OF  WHICH  HAVE
   27  BEEN  TRANSFERRED  OR  ABOLISHED PURSUANT TO THIS ARTICLE; NOR SHALL ANY
   28  REORGANIZATION AFFECT ANY ORDER OR  RECOMMENDATION  MADE  BY,  OR  OTHER
   29  MATTERS  OR  PROCEEDINGS  BEFORE,  ANY AGENCY OR OFFICER, THE FUNCTIONS,
   30  POWERS AND DUTIES OF WHICH HAVE BEEN TRANSFERRED OR  ABOLISHED  PURSUANT
   31  TO A REORGANIZATION PLAN UNDER THIS ARTICLE.
   32    S  39-B.  SEVERABILITY.   IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
   33  SION, SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT  OF
   34  COMPETENT  JURISDICTION  TO  BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,
   35  IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL  BE  CONFINED  IN
   36  ITS  OPERATION  TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION
   37  OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
   38  MENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF
   39  THE LEGISLATURE THAT THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN  IF  SUCH
   40  INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
   41    S  2.  The  legislative law is amended by adding a new section 54-b to
   42  read as follows:
   43    S 54-B. REORGANIZATION PLAN;  FORMULATION  OF  CONCURRENT  RESOLUTION.
   44  THE  LEGISLATURE  SHALL  FORMULATE A CONCURRENT RESOLUTION OF THE SENATE
   45  AND ASSEMBLY THAT INCORPORATES, IN WHOLE, A REORGANIZATION PLAN  SUBMIT-
   46  TED BY THE GOVERNOR PURSUANT TO ARTICLE THREE-A OF THE EXECUTIVE LAW AND
   47  SHALL BY CONCURRENT RESOLUTION PRESCRIBE RULES FOR THE CONSIDERATION AND
   48  DISPOSITION  OF SUCH PLAN SO THAT IT MAY BE CONSIDERED AND ACTED UPON BY
   49  BOTH HOUSES IN ACCORDANCE WITH THE TIME LIMITS OF SUCH ARTICLE.
   50    S 3. This act shall take effect immediately.