Bill Text: NY S02664 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the online revenues and expenditures transparency act to provide for the development of a single, searchable budget database website accessible to the public, at no cost.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-02-01 - PRINT NUMBER 2664A [S02664 Detail]

Download: New_York-2015-S02664-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2664
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 27, 2015
                                      ___________
       Introduced  by Sens. KRUEGER, MONTGOMERY, PERKINS, SERRANO -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Finance
       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.
   22    (D) "FUNDING SOURCE" SHALL MEAN  THE  STATE  ACCOUNT  FROM  WHICH  THE
   23  EXPENDITURE IS APPROPRIATED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03354-01-5
       S. 2664                             2
    1    (E)  "FUNDING ACTION OR EXPENDITURE" SHALL INCLUDE DETAILS ON THE TYPE
    2  OF SPENDING, BOTH APPROPRIATED EXPENDITURES, SUCH AS GRANTS,  CONTRACTS,
    3  AND  APPROPRIATIONS,  AND  TAX  EXPENDITURES,  AS DEFINED BY SECTION ONE
    4  HUNDRED EIGHTY-ONE OF THIS ARTICLE. WHERE POSSIBLE, A HYPERLINK  TO  THE
    5  ACTUAL GRANTS OR CONTRACTS SHALL BE PROVIDED.
    6    (F)  "EXPECTED OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSI-
    7  DIES INCLUDING TAX EXEMPTIONS, CREDITS, DIRECT GRANTS, OR INFRASTRUCTURE
    8  ASSISTANCE, THE NUMBER AND QUALITY OF JOBS TO BE  CREATED  OR  RETAINED,
    9  INCLUDING  WAGES  AND  BENEFITS, THE DATE THE JOB GOALS WILL BE REACHED,
   10  THE ESTIMATED INCREASE TO THE STATE TAX BASE,  AND  WHETHER  THE  FUNDED
   11  PROJECT  INVOLVES  THE  RELOCATION  OF  JOBS AND IF SO HOW MANY AND FROM
   12  WHERE.
   13    (G) "FINAL OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSIDIES,
   14  INCLUDING TAX EXEMPTIONS,  CREDITS,  DIRECT  GRANTS,  OR  INFRASTRUCTURE
   15  ASSISTANCE, THE NUMBER AND QUALITY OF JOBS ACTUALLY CREATED OR RETAINED,
   16  INCLUDING  WAGES  AND BENEFITS, AND THE ACTUAL INCREASE TO THE STATE TAX
   17  BASE FOR THE FISCAL YEAR  IN  WHICH  BENEFIT  WAS  GIVEN.  THE  OUTCOMES
   18  ACHIEVED  SHALL ALSO INCLUDE ANY MONEY RECAPTURED FROM CORPORATE SUBSIDY
   19  RECIPIENTS FOR FAILURE TO MEET EXPECTED PERFORMANCE OUTCOMES.
   20    (H) "STATE AUDIT OR REPORT" SHALL INCLUDE ANY AUDIT OR  REPORT  ISSUED
   21  BY  THE  COMPTROLLER,  ATTORNEY  GENERAL,  AGENCY,  LEGISLATIVE AUDITOR,
   22  LEGISLATIVE COMMITTEE, OR EXECUTIVE BODY RELATING TO THE PAST OR CURRENT
   23  PERFORMANCE  OF  THE  ENTITY  OR  RECIPIENT  OF  FUNDS  OR  THE   BUDGET
   24  PROGRAM/ACTIVITY  OR  AGENCY  WHICH  THE DIRECTOR OF THE BUDGET DEEMS AS
   25  RELEVANT.
   26    2. NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN,  THE  DIRECTOR
   27  OF  THE OFFICE FOR TECHNOLOGY, IN COLLABORATION WITH THE DIRECTOR OF THE
   28  BUDGET, SHALL DEVELOP  A  SINGLE,  SEARCHABLE  BUDGET  DATABASE  WEBSITE
   29  ACCESSIBLE BY THE PUBLIC AT NO COST, THAT INCLUDES:
   30    (A) ANNUAL STATE EXPENDITURES OR FUNDING ACTIONS PROVIDED TO ANY ENTI-
   31  TY,  RECIPIENT  OR  AGENCY,  AS DETERMINED BY THE DIRECTOR OF THE BUDGET
   32  INCLUDING THE NAME AND LOCATION OF ANY SUCH ENTITY, RECIPIENT OR AGENCY,
   33  THE FUNDING SOURCE, THE  AMOUNT  OF  FUNDS  APPROPRIATED  INCLUDING  TAX
   34  EXPENDITURES  OR OTHER SUBSIDIES, THE FUNDING AGENCY OR AUTHORITY, AND A
   35  DESCRIPTION OF THE PURPOSE OF THE FUNDING ACTION OR EXPENDITURE. IF  THE
   36  FUNDING  ACTION  OR  EXPENDITURE IS A TAX EXPENDITURE, INFORMATION ABOUT
   37  THE EXPECTED OUTCOME OF SUCH  TAX  EXPENDITURE  SHALL  BE  INCLUDED  AND
   38  INFORMATION CONCERNING THE FINAL OUTCOME SHALL BE PROVIDED WITHIN THIRTY
   39  DAYS FROM WHEN IT IS REPORTED TO THE APPROPRIATE STATE AGENCY;
   40    (B) BOND DEBT PAYMENTS AND DEBT SERVICE INCLUDING, BUT NOT LIMITED TO,
   41  AMOUNTS  OF  BOND INTEREST PAID AND SOURCES OF FUNDS PAID FOR INDIVIDUAL
   42  BOND ISSUES;
   43    (C) LOCAL AID TO CITIES AND  TOWNS  INCLUDING,  BUT  NOT  LIMITED  TO,
   44  AMOUNTS  PAID  TO  INDIVIDUAL UNITS OF GOVERNMENT FOR INDIVIDUALLY IDEN-
   45  TIFIABLE AID PROGRAMS;
   46    (D) ANNUAL REVENUES, AS DETERMINED BY THE DIRECTOR OF THE BUDGET WHICH
   47  SHALL INCLUDE, BUT NOT BE LIMITED TO:
   48    (I) RECEIPTS OR DEPOSITS BY ANY AGENCY INTO FUNDS  ESTABLISHED  WITHIN
   49  THE STATE TREASURY;
   50    (II) TAX REVENUE RECEIVED;
   51    (III) AGENCY EARNINGS INCLUDING, BUT NOT LIMITED TO, AMOUNTS COLLECTED
   52  BY  EACH  AGENCY  FOR MERCHANDISE SOLD, SERVICES PERFORMED, LICENSES AND
   53  PERMITS ISSUED, OR REGULATION;
   54    (IV) REVENUE FOR THE USE OF MONEY  AND  PROPERTY  INCLUDING,  BUT  NOT
   55  LIMITED TO, AMOUNTS RECEIVED FOR COMPENSATION FOR THE USE OF STATE-OWNED
   56  MONEY AND PROPERTY;
       S. 2664                             3
    1    (V) GIFTS, DONATIONS AND FEDERAL GRANTS INCLUDING, BUT NOT LIMITED TO,
    2  AMOUNTS RECEIVED FROM PUBLIC AND PRIVATE ENTITIES TO AID IN SUPPORT OF A
    3  SPECIFIC FUNCTION OR OTHER GOVERNMENTAL ACTIVITY; AND
    4    (VI) OTHER REVENUE INCLUDING, BUT NOT LIMITED TO, RECEIPTS NOT CLASSI-
    5  FIED ELSEWHERE.
    6    (E) ANNUAL BONDED INDEBTEDNESS WHICH SHALL INCLUDE, BUT NOT BE LIMITED
    7  TO, THE AMOUNT OF THE TOTAL ORIGINAL OBLIGATION STATED IN TERMS OF PRIN-
    8  CIPAL  AND  INTEREST,  THE TERM OF THE OBLIGATION, THE SOURCE OF FUNDING
    9  FOR REPAYMENT OF THE OBLIGATION, THE AMOUNTS OF PRINCIPAL  AND  INTEREST
   10  PREVIOUSLY  PAID  TO REDUCE THE OBLIGATION, THE BALANCE REMAINING OF THE
   11  OBLIGATION, ANY REFINANCING OF THE OBLIGATION, AND THE  CITED  STATUTORY
   12  AUTHORITY TO ISSUE SUCH BONDS.
   13    (F) A LINK TO ANY STATE AUDIT OR REPORT.
   14    (G)  ANY  OTHER  RELEVANT INFORMATION SPECIFIED BY THE DIRECTOR OF THE
   15  BUDGET.
   16    3. NO LATER THAN FEBRUARY FIRST, TWO THOUSAND SEVENTEEN, THE  DIRECTOR
   17  OF  THE  BUDGET  SHALL PUT INTO OPERATION THE SEARCHABLE BUDGET DATABASE
   18  WEBSITE.
   19    4. THE SEARCHABLE BUDGET DATABASE WEBSITE SHALL RETAIN INFORMATION FOR
   20  EACH FISCAL YEAR ON THE SINGLE WEBSITE FOR NOT LESS THAN TEN  YEARS  AND
   21  SHALL INCLUDE DATA FOR THE MOST RECENT FISCAL YEARS.
   22    5. THE DIRECTOR OF THE BUDGET SHALL UPDATE THE SEARCHABLE BUDGET DATA-
   23  BASE  WEBSITE  AS NEW DATA BECOMES AVAILABLE TO HIM OR HER. ALL AGENCIES
   24  SHALL PROVIDE TO THE DIRECTOR OF THE BUDGET ALL DATA THAT IS REQUIRED TO
   25  BE INCLUDED IN THE SEARCHABLE BUDGET DATABASE  WEBSITE  NOT  LATER  THAN
   26  THIRTY DAYS AFTER THE DATA BECOMES AVAILABLE TO THE AGENCY. THE DIRECTOR
   27  OF  THE  BUDGET SHALL PROVIDE GUIDANCE TO AGENCY HEADS TO ENSURE COMPLI-
   28  ANCE WITH THIS SECTION.
   29    6. NOTHING IN THIS SECTION SHALL PERMIT  OR  REQUIRE  THE  LISTING  OF
   30  INDIVIDUAL BUSINESSES' TAX LIABILITY, PROFITS, SALES OR LOSSES.
   31    7. THE DIRECTOR OF THE BUDGET AND THE DIRECTOR OF THE OFFICE FOR TECH-
   32  NOLOGY  SHALL  NOT  BE CONSIDERED IN COMPLIANCE WITH THIS SECTION IF THE
   33  DATA REQUIRED FOR THE SEARCHABLE BUDGET DATABASE WEBSITE IS  NOT  AVAIL-
   34  ABLE IN A SEARCHABLE AND AGGREGATE MANNER OR IF THE PUBLIC IS REDIRECTED
   35  BY  THE SEARCHABLE BUDGET DATABASE WEBSITE TO OTHER GOVERNMENT WEBSITES,
   36  UNLESS EACH OF THOSE WEBSITES COMPLIES WITH  THE  REQUIREMENTS  OF  THIS
   37  SECTION.
   38    S  2.  This  act shall take effect on the ninetieth day after it shall
   39  have become a law.