2012 New York Consolidated Laws
EXC - Executive
Article 3-A - (33 - 39-B) EXECUTIVE REORGANIZATION ACT OF 2011
35 - Definitions.


NY Exec L § 35 (2012) What's This?
 
    * §  35.  Definitions.  As  used  in this article, the following terms
  shall have the following meanings:
    1. "Agency" means:
    (a) Any administrative unit of state government,  including,  but  not
  limited to, any agency, board, bureau, commission, department, division,
  institution,  office, state public authority, state task force, or other
  body, or parts thereof, however designated, whether or not  it  receives
  legislative  appropriations,  but  does  not  include  any  entity whose
  primary function is service to the legislative or judicial  branches  of
  state  government,  the  department  of law, the department of audit and
  control or the board of regents;
    (b) Any office or officer in any agency, except the department of  law
  and department of audit and control; and
    (c)  Any  state public authority or public benefit corporation created
  by  or  existing  under  any  state  law,  or  parts  thereof,   however
  designated, with one or more of its members appointed by the governor or
  who  serve  as members by virtue of holding a civil office of the state,
  other than an interstate or international authority  or  public  benefit
  corporation,  including  any  subsidiaries  of  such public authority or
  public benefit corporation.
    Provided that  "agency"  shall  not  include  any  department,  board,
  bureau, commission, division, office, council, committee or officer of a
  municipality  or  a  local industrial development agency or local public
  authority or local public benefit corporation as that term is defined in
  section sixty-six of the general construction law.
    2. "Assembly" means the New York state assembly.
    3.  "Function"  means   any   activity,   assignment,   duty,   power,
  responsibility, right, set of operations or other activity.
    4. "Governor" means the governor of the state of New York.
    5. "Legislature" means the legislature of the state of New York.
    6.  "Officer"  means  every  officer  appointed  by  one or more state
  officers, or by  the  legislature,  and  authorized  to  exercise  their
  official functions throughout the entire state, or without limitation to
  any  political  subdivision  of the state, and is not limited to persons
  receiving compensation for their services.
    7. "Regulation or other action" means  any  regulation,  rule,  order,
  policy,  determination,  directive,  authorization,  permit,  privilege,
  requirement, designation, or other action.
    8. "Reorganization" or "reorganize" means:
    (a) The transfer of the whole or any part of any  agency,  or  of  the
  whole  or  any  part  of  the functions thereof, to the jurisdiction and
  control of any other agency;
    (b) The abolition of all or any part of the functions of any agency;
    (c) The consolidation, coordination or merger of the whole or any part
  of any agency, or of the whole or any part  of  the  functions  thereof,
  with the whole or any part of any other agency or the functions thereof;
    (d)  The  consolidation,  coordination  or  merger, of any part of any
  agency or the functions thereof with any other part of the  same  agency
  or the functions thereof;
    (e)  The  authorization of any non-elective officer to delegate any of
  their functions;
    (f) The abolition of the whole or any part of any  agency  which  does
  not have, or upon the taking effect of reorganization will not have, any
  functions; or
    (g) The establishment of a new agency to perform the whole or any part
  of the functions of any existing agency or agencies.
    9. "Reorganization plan" or "plan" shall mean the bill prepared by the
  governor,  and  submitted  to  the  legislature  as a program bill, that

  contains terms and information regarding the reorganization  of  one  or
  more  agencies  pursuant  to  this  article  which,  when enacted, shall
  accomplish such reorganization.
    10. "Senate" means the New York state senate.
    * NB Repealed May 31, 2014

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.