Bill Text: NY S01773 | 2013-2014 | General Assembly | Amended
Bill Title: Enacts online revenues and expenditures transparency act.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2014-01-24 - PRINT NUMBER 1773A [S01773 Detail]
Download: New_York-2013-S01773-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1773--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. KRUEGER, PERKINS, SERRANO -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
-- recommitted to the Committee on Finance in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to enacting the online
revenues and expenditures transparency act
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 section 183 to
2 read as follows:
3 S 183. ONLINE REVENUES AND EXPENDITURES TRANSPARENCY ACT. 1. DEFI-
4 NITIONS. AS USED IN THIS SECTION:
5 (A) "SEARCHABLE BUDGET DATABASE WEBSITE" SHALL MEAN A WEBSITE THAT
6 ALLOWS THE PUBLIC AT NO COST TO SEARCH FOR, OBTAIN, AND AGGREGATE THE
7 INFORMATION IDENTIFIED IN THIS SECTION.
8 (B) "ENTITY AND/OR RECIPIENTS" SHALL MEAN ANY CORPORATION, ASSOCI-
9 ATION, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, OR ANY
10 OTHER LEGAL BUSINESS ENTITY. IT SHALL ALSO INCLUDE ANY GRANTEE OR
11 SUBGRANTEE, CONTRACTOR OR SUBCONTRACTOR, COUNTY, CITY OR OTHER LOCAL
12 GOVERNMENT ENTITY. IT SHALL NOT INCLUDE ANY INDIVIDUAL RECIPIENT OF
13 STATE ASSISTANCE.
14 (C) "AGENCY" SHALL MEAN ANY STATE DEPARTMENT, OFFICE, BOARD, COMMIS-
15 SION, BUREAU, DIVISION, INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION.
16 "AGENCY" SPECIFICALLY INCLUDES ANY AUTHORITY CREATED BY AN ACT OF THE
17 STATE LEGISLATURE, INCLUDING THOSE AUTHORITIES NOT RECEIVING STATE TAX
18 REVENUE. THIS INCLUDES INDIVIDUAL STATE AGENCIES AND PROGRAMS, AS WELL
19 AS THOSE PROGRAMS AND ACTIVITIES THAT CROSS AGENCY LINES, AND ALSO
20 INCLUDES ALL ELECTIVE OFFICES IN THE EXECUTIVE BRANCH OF GOVERNMENT AND
21 THE LEGISLATURE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01247-02-4
S. 1773--A 2
1 (D) "FUNDING SOURCE" SHALL MEAN THE STATE ACCOUNT FROM WHICH THE
2 EXPENDITURE IS APPROPRIATED.
3 (E) "FUNDING ACTION OR EXPENDITURE" SHALL INCLUDE DETAILS ON THE TYPE
4 OF SPENDING, BOTH APPROPRIATED EXPENDITURES, SUCH AS GRANTS, CONTRACTS,
5 AND APPROPRIATIONS, AND TAX EXPENDITURES, AS DEFINED BY SECTION ONE
6 HUNDRED EIGHTY-ONE OF THIS ARTICLE. WHERE POSSIBLE, A HYPERLINK TO THE
7 ACTUAL GRANTS OR CONTRACTS SHALL BE PROVIDED.
8 (F) "EXPECTED OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSI-
9 DIES INCLUDING TAX EXEMPTIONS, CREDITS, DIRECT GRANTS, OR INFRASTRUCTURE
10 ASSISTANCE, THE NUMBER AND QUALITY OF JOBS TO BE CREATED OR RETAINED,
11 INCLUDING WAGES AND BENEFITS, THE DATE THE JOB GOALS WILL BE REACHED,
12 THE ESTIMATED INCREASE TO THE STATE TAX BASE, AND WHETHER THE FUNDED
13 PROJECT INVOLVES THE RELOCATION OF JOBS AND IF SO HOW MANY AND FROM
14 WHERE.
15 (G) "FINAL OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSIDIES,
16 INCLUDING TAX EXEMPTIONS, CREDITS, DIRECT GRANTS, OR INFRASTRUCTURE
17 ASSISTANCE, THE NUMBER AND QUALITY OF JOBS ACTUALLY CREATED OR RETAINED,
18 INCLUDING WAGES AND BENEFITS, AND THE ACTUAL INCREASE TO THE STATE TAX
19 BASE FOR THE FISCAL YEAR IN WHICH BENEFIT WAS GIVEN. THE OUTCOMES
20 ACHIEVED SHALL ALSO INCLUDE ANY MONEY RECAPTURED FROM CORPORATE SUBSIDY
21 RECIPIENTS FOR FAILURE TO MEET EXPECTED PERFORMANCE OUTCOMES.
22 (H) "STATE AUDIT OR REPORT" SHALL INCLUDE ANY AUDIT OR REPORT ISSUED
23 BY THE COMPTROLLER, ATTORNEY GENERAL, AGENCY, LEGISLATIVE AUDITOR,
24 LEGISLATIVE COMMITTEE, OR EXECUTIVE BODY RELATING TO THE PAST OR CURRENT
25 PERFORMANCE OF THE ENTITY OR RECIPIENT OF FUNDS OR THE BUDGET
26 PROGRAM/ACTIVITY OR AGENCY WHICH THE DIRECTOR OF THE BUDGET DEEMS AS
27 RELEVANT.
28 2. NO LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN, THE DIRECTOR OF
29 THE OFFICE FOR TECHNOLOGY, IN COLLABORATION WITH THE DIRECTOR OF THE
30 BUDGET, SHALL DEVELOP A SINGLE, SEARCHABLE BUDGET DATABASE WEBSITE
31 ACCESSIBLE BY THE PUBLIC AT NO COST, THAT INCLUDES:
32 (A) ANNUAL STATE EXPENDITURES OR FUNDING ACTIONS PROVIDED TO ANY ENTI-
33 TY, RECIPIENT OR AGENCY, AS DETERMINED BY THE DIRECTOR OF THE BUDGET
34 INCLUDING THE NAME AND LOCATION OF ANY SUCH ENTITY, RECIPIENT OR AGENCY,
35 THE FUNDING SOURCE, THE AMOUNT OF FUNDS APPROPRIATED INCLUDING TAX
36 EXPENDITURES OR OTHER SUBSIDIES, THE FUNDING AGENCY OR AUTHORITY, AND A
37 DESCRIPTION OF THE PURPOSE OF THE FUNDING ACTION OR EXPENDITURE. IF THE
38 FUNDING ACTION OR EXPENDITURE IS A TAX EXPENDITURE, INFORMATION ABOUT
39 THE EXPECTED OUTCOME OF SUCH TAX EXPENDITURE SHALL BE INCLUDED AND
40 INFORMATION CONCERNING THE FINAL OUTCOME SHALL BE PROVIDED WITHIN THIRTY
41 DAYS FROM WHEN IT IS REPORTED TO THE APPROPRIATE STATE AGENCY;
42 (B) BOND DEBT PAYMENTS AND DEBT SERVICE INCLUDING, BUT NOT LIMITED TO,
43 AMOUNTS OF BOND INTEREST PAID AND SOURCES OF FUNDS PAID FOR INDIVIDUAL
44 BOND ISSUES;
45 (C) LOCAL AID TO CITIES AND TOWNS INCLUDING, BUT NOT LIMITED TO,
46 AMOUNTS PAID TO INDIVIDUAL UNITS OF GOVERNMENT FOR INDIVIDUALLY IDEN-
47 TIFIABLE AID PROGRAMS;
48 (D) ANNUAL REVENUES, AS DETERMINED BY THE DIRECTOR OF THE BUDGET WHICH
49 SHALL INCLUDE, BUT NOT BE LIMITED TO:
50 (I) RECEIPTS OR DEPOSITS BY ANY AGENCY INTO FUNDS ESTABLISHED WITHIN
51 THE STATE TREASURY;
52 (II) TAX REVENUE RECEIVED;
53 (III) AGENCY EARNINGS INCLUDING, BUT NOT LIMITED TO, AMOUNTS COLLECTED
54 BY EACH AGENCY FOR MERCHANDISE SOLD, SERVICES PERFORMED, LICENSES AND
55 PERMITS ISSUED, OR REGULATION;
S. 1773--A 3
1 (IV) REVENUE FOR THE USE OF MONEY AND PROPERTY INCLUDING, BUT NOT
2 LIMITED TO, AMOUNTS RECEIVED FOR COMPENSATION FOR THE USE OF STATE-OWNED
3 MONEY AND PROPERTY;
4 (V) GIFTS, DONATIONS AND FEDERAL GRANTS INCLUDING, BUT NOT LIMITED TO,
5 AMOUNTS RECEIVED FROM PUBLIC AND PRIVATE ENTITIES TO AID IN SUPPORT OF A
6 SPECIFIC FUNCTION OR OTHER GOVERNMENTAL ACTIVITY; AND
7 (VI) OTHER REVENUE INCLUDING, BUT NOT LIMITED TO, RECEIPTS NOT CLASSI-
8 FIED ELSEWHERE.
9 (E) ANNUAL BONDED INDEBTEDNESS WHICH SHALL INCLUDE, BUT NOT BE LIMITED
10 TO, THE AMOUNT OF THE TOTAL ORIGINAL OBLIGATION STATED IN TERMS OF PRIN-
11 CIPAL AND INTEREST, THE TERM OF THE OBLIGATION, THE SOURCE OF FUNDING
12 FOR REPAYMENT OF THE OBLIGATION, THE AMOUNTS OF PRINCIPAL AND INTEREST
13 PREVIOUSLY PAID TO REDUCE THE OBLIGATION, THE BALANCE REMAINING OF THE
14 OBLIGATION, ANY REFINANCING OF THE OBLIGATION, AND THE CITED STATUTORY
15 AUTHORITY TO ISSUE SUCH BONDS.
16 (F) A LINK TO ANY STATE AUDIT OR REPORT.
17 (G) ANY OTHER RELEVANT INFORMATION SPECIFIED BY THE DIRECTOR OF THE
18 BUDGET.
19 3. NO LATER THAN FEBRUARY FIRST, TWO THOUSAND SIXTEEN, THE DIRECTOR OF
20 THE BUDGET SHALL PUT INTO OPERATION THE SEARCHABLE BUDGET DATABASE
21 WEBSITE.
22 4. THE SEARCHABLE BUDGET DATABASE WEBSITE SHALL RETAIN INFORMATION FOR
23 EACH FISCAL YEAR ON THE SINGLE WEBSITE FOR NOT LESS THAN TEN YEARS AND
24 SHALL INCLUDE DATA FOR THE MOST RECENT FISCAL YEARS.
25 5. THE DIRECTOR OF THE BUDGET SHALL UPDATE THE SEARCHABLE BUDGET DATA-
26 BASE WEBSITE AS NEW DATA BECOMES AVAILABLE TO HIM OR HER. ALL AGENCIES
27 SHALL PROVIDE TO THE DIRECTOR OF THE BUDGET ALL DATA THAT IS REQUIRED TO
28 BE INCLUDED IN THE SEARCHABLE BUDGET DATABASE WEBSITE NOT LATER THAN
29 THIRTY DAYS AFTER THE DATA BECOMES AVAILABLE TO THE AGENCY. THE DIRECTOR
30 OF THE BUDGET SHALL PROVIDE GUIDANCE TO AGENCY HEADS TO ENSURE COMPLI-
31 ANCE WITH THIS SECTION.
32 6. NOTHING IN THIS SECTION SHALL PERMIT OR REQUIRE THE LISTING OF
33 INDIVIDUAL BUSINESSES' TAX LIABILITY, PROFITS, SALES OR LOSSES.
34 7. THE DIRECTOR OF THE BUDGET AND THE DIRECTOR OF THE OFFICE FOR TECH-
35 NOLOGY SHALL NOT BE CONSIDERED IN COMPLIANCE WITH THIS SECTION IF THE
36 DATA REQUIRED FOR THE SEARCHABLE BUDGET DATABASE WEBSITE IS NOT AVAIL-
37 ABLE IN A SEARCHABLE AND AGGREGATE MANNER OR IF THE PUBLIC IS REDIRECTED
38 BY THE SEARCHABLE BUDGET DATABASE WEBSITE TO OTHER GOVERNMENT WEBSITES,
39 UNLESS EACH OF THOSE WEBSITES COMPLIES WITH THE REQUIREMENTS OF THIS
40 SECTION.
41 S 2. This act shall take effect on the ninetieth day after it shall
42 have become a law.
