Bill Text: NY A05725 | 2015-2016 | General Assembly | Introduced


Bill Title: Provides for disclosure of memoranda of understanding between the governor and the legislature regarding "lump sum" line item appropriations in the state budget.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A05725 Detail]

Download: New_York-2015-A05725-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5725
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Governmental Operations
       AN  ACT  to  amend the public officers law and the state finance law, in
         relation to public disclosure of memoranda of understanding  regarding
         certain line item appropriations in the state budget
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (i) and (j) of subdivision 2 of  section  88  of
    2  the  public  officers  law, paragraph (i) as added by chapter 933 of the
    3  laws of 1977 and as relettered by chapter 813 of the laws  of  1987  and
    4  paragraph  (j)  as added by chapter 510 of the laws of 1999, are amended
    5  and a new paragraph (k) is added to read as follows:
    6    (i) any other files, records, papers or documents required by  law  to
    7  be made available for public inspection and copying[.];
    8    (j)  external  audits  conducted pursuant to section ninety-two of the
    9  legislative law and schedules issued  pursuant  to  subdivision  two  of
   10  section ninety of the legislative law[.]; AND
   11    (K) NOTWITHSTANDING ANY ORDER, RULE OR RESOLUTION TO THE CONTRARY, ANY
   12  MEMORANDA  OF  UNDERSTANDING  BETWEEN  THE EXECUTIVE AND THE LEGISLATURE
   13  REGARDING LUMP SUM APPROPRIATION LISTED AS LINE ITEMS IN THE STATE BUDG-
   14  ET.  SUCH MEMORANDA OF UNDERSTANDING, OR ANY  SEGREGATION  OF  LUMP  SUM
   15  APPROPRIATION, BETWEEN THE LEGISLATIVE LEADERS AND/OR THE GOVERNOR SHALL
   16  SPECIFY THE PROGRAM OR PROJECT BEING FUNDED, THE SELECTION CRITERIA, THE
   17  PARTIES  INVOLVED  IN THE SELECTION PROCESS AND THE DOLLAR AMOUNT OF THE
   18  APPROPRIATION.
   19    S 2. The state finance law is amended by adding a new  section  28  to
   20  read as follows:
   21    S  28.  BUDGETED  FUNDS FOR UNSPECIFIED CAPITAL PROJECTS AND OPERATING
   22  GRANTS. 1. ANY SINGLE GRANT PROVIDED TO  ANY  RECIPIENT  PURSUANT  TO  A
   23  MEMORANDA  OF UNDERSTANDING OR ANY SEGREGATION OF LUMP SUM APPROPRIATION
   24  GREATER THAN TWO HUNDRED FIFTY THOUSAND DOLLARS MADE  FROM  A  LUMP  SUM
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00980-01-5
       A. 5725                             2
    1  APPROPRIATION  FOR  UNSPECIFIED  CAPITAL  PROJECTS  AND OPERATING GRANTS
    2  RESULTING FROM THE STATE BUDGET PROCESS BETWEEN THE  EXECUTIVE  AND  THE
    3  LEGISLATURE,  SHALL  BE  SUBSEQUENTLY  SUBMITTED  BY THE GOVERNOR TO THE
    4  LEGISLATURE FOR PASSAGE AND APPROVAL, PRIOR TO THE RELEASE OF SUCH FUNDS
    5  TO THE APPROPRIATE STATE AGENCY.
    6    2.  ANY SINGLE GRANT PROVIDED TO ANY RECIPIENT PURSUANT TO A MEMORANDA
    7  OF UNDERSTANDING OR ANY SEGREGATION OF LUMP SUM APPROPRIATION LESS  THAN
    8  TWO HUNDRED FIFTY THOUSAND DOLLARS RESULTING FROM THE STATE BUDGET PROC-
    9  ESS  BETWEEN THE EXECUTIVE AND THE LEGISLATURE THAT DOES NOT SPECIFY THE
   10  PROGRAM OR PROJECT BEING FUNDED, THE  SELECTION  CRITERIA,  THE  PARTIES
   11  INVOLVED IN THE SELECTION PROCESS AND THE DOLLAR AMOUNT OF THE APPROPRI-
   12  ATION,  MUST  POST THIS INFORMATION ON THE SENATE AND ASSEMBLY WEB SITES
   13  NOT LESS THAN THIRTY DAYS PRIOR TO THE  SUBMISSION  TO  THE  APPROPRIATE
   14  STATE AGENCY.
   15    S 3. This act shall take effect immediately.
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