Relates to the legislative bill drafting commission

BILL NUMBER:S6453

Title of bill

An act to amend the legislative law, in relation to the legislative bill drafting commission

Purpose

To ensure the highest standards of consistency, integrity and accountability at the Legislative Bill Drafting Commission (LBDC) by:

(1) Providing for a Commissioner of Accountability; (2) Requiring quarterly reporting on various metrics at the LBDC; and (3) Ensuring that all communications between requesting parties and LBDC personnel are treated as confidential and privileged communications.

Summary of provisions

The following changes to Sections 24 and 25 of the Legislative Law are proposed:

(1) Adding a Commissioner of Accountability.

(2) Requiring that all three Commissioners be appointed on a consensus basis subject to an agreement reached by the Temporary President of the Senate, Minority Leader of the Senate, Speaker of the Assembly and Minority Leader of the Assembly.

(3) Specifying the duties of the Commissioner of Accountability, which will include quarterly reporting on metrics including the number of bill and resolution drafts and the average response time broken down into the following categories: type, subject matter, status and party membership.

(4) Ensuring that all communications between the individual(s) requesting work product-either a bill or resolution of any type-and the individual(s) drafting the requested product be treated as confidential and privileged communications.

Existing law

Provides for two Commissioners (Administration & Operations), none of which is specifically charged with strict "Accountability" duties; provides that the Commissioners be selected jointly by the Temporary President of the Senate and the Speaker of the Assembly; No reporting is mandated by current law; The essential protection of confidential and privileged communications is not currently recognized in law.

Justification

The LBDC has been drafting bills and resolutions for the New York State Legislature for over 120 years; it is noted for professionalism and is nonpartisan in nature. According to the LBDC, "all communications with and bill drafts prepared for Members of the Legislature and their staffs are subject to attorney-client confidentiality." However, this attorney-client confidentially does not extend to the drafting of resolutions in the majority of cases because resolution writers are almost exclusively non-lawyers. Thousands of resolutions are drafted each year, many of which are of a substantive and sensitive nature which contain policy and political overtones. Given this fact, combined with the fact that the Senate Rules currently provide for a level of discretion and review that is centralized and non-democratic as it relates to bringing a resolution through the Finance Committee and onto the Floor, protecting

confidentiality the moment an idea is birthed is a safeguard that all 212 members of the legislature deserve and one that is consistent with the history and functions of the LBDC. Creating a Commissioner of Accountability to oversee this internal policy shift, and manage the reporting and enforcement thereon is a complementary component of this proposal that will only add to the well deserved reputation of the LBDC as the home of efficient, skilled and hard working professionals.

Legislative history

New bill.

Fiscal implications

There would be some costs associated with the appointment of the Commissioner of Accountability, should that individual elect to collect a salary. It is assumed that the reporting requirements could be accomplished within existing resources.

Local fiscal implications

None noted.

Effective date

Immediately.