Bill Text: NY S03853 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires the legislature and state departments, agencies and other governmental entities to disclose the manner in which public funds have been expended and to detail the work location of employees under their jurisdiction; provides that such disclosure shall be made in the form of detailed quarterly reports.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2012-01-11 - PRINT NUMBER 3853A [S03853 Detail]
Download: New_York-2011-S03853-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3853
2011-2012 Regular Sessions
I N S E N A T E
March 7, 2011
___________
Introduced by Sens. OPPENHEIMER, KRUEGER -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
AN ACT to amend the legislative law, the state finance law and the
public officers law, in relation to requiring disclosure of the manner
in which public funds have been expended for personnel or property by
the legislative and executive branches of state government
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 15 of the legislative law, as amended by chapter
2 118 of the laws of 1984, is amended to read as follows:
3 S 15. Duties of secretary and clerk. 1. The secretary of the senate
4 and the clerk of the assembly shall from time to time revise, and send
5 to the members of the legislature, the clerk's manual, and shall as soon
6 as practicable after the organization of the legislature, prepare a
7 directory of the members and elected officers, with their public office
8 addresses while in the city of Albany. Within the discretion of the
9 temporary president of the senate and the speaker of the assembly, such
10 directory may contain the names of other officers and employees of the
11 senate and assembly.
12 2. The respective secretary or clerk of each house shall, as soon as
13 practicable after the close of each session, prepare and deliver to the
14 legislative printer the indexes to the journals and bills of such house.
15 3. The respective secretary and clerk shall prepare a list of mailing
16 addresses of senators and members of the assembly which shall be submit-
17 ted to the state board of elections by February twentieth of each year.
18 4. A. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
19 STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER, COMMENCING
20 WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN
21 AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, THE SECRETARY OF THE
22 SENATE AND THE CLERK OF THE ASSEMBLY SHALL SUBMIT TO THE TEMPORARY PRES-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06040-01-1
S. 3853 2
1 IDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF
2 THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AND MAKE AVAILABLE
3 TO THE PUBLIC, A REPORT CONTAINING A DETAILED STATEMENT OF THE MANNER IN
4 WHICH APPROPRIATIONS AND OTHER FUNDS AVAILABLE FOR DISBURSEMENT BY THE
5 SECRETARY OF THE SENATE OR THE CLERK OF THE ASSEMBLY, AS THE CASE MAY
6 BE, HAVE BEEN EXPENDED DURING THE PERIOD COVERED BY THE REPORT. SUCH
7 REPORT SHALL INCLUDE:
8 (I) THE NAME OF EVERY PERSON TO WHOM OR FOR WHOM ANY EXPENDITURE OR
9 DISBURSEMENT OF FUNDS HAS BEEN MADE;
10 (II) THE QUANTITY AND PRICE OF ANY ARTICLE FURNISHED FOR WHICH AN
11 EXPENDITURE OR DISBURSEMENT HAS BEEN MADE. FOR PURPOSES HEREOF THE TERM
12 "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR
13 EXPENDITURE HAS BEEN MADE OR FOR WHICH A LIABILITY HAS BEEN INCURRED AND
14 SHALL INCLUDE BUT NOT BE LIMITED TO THE PURCHASE, RENTAL OR LEASE OF
15 PROPERTY, REAL, PERSONAL OR OTHERWISE, TANGIBLE OR INTANGIBLE; AND
16 (III) THE NATURE OF THE SERVICES, THE PERIOD OF EMPLOYMENT, THE NAME
17 AND TITLE OF A PERSON, AND THE SPECIFIC AMOUNT PAID TO A PERSON WHERE
18 EXPENDITURES OR DISBURSEMENTS HAVE BEEN MADE FOR SERVICES RENDERED.
19 B. FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL
20 YEAR, SUCH REPORT SHALL BE SUBMITTED WITHIN SIXTY DAYS OF THE EFFECTIVE
21 DATE OF THIS SUBDIVISION, AND FOR EACH QUARTERLY PERIOD THEREAFTER,
22 WITHIN THIRTY DAYS OF THE END OF SUCH QUARTERLY PERIOD.
23 S 2. The legislative law is amended by adding a new section 13 to read
24 as follows:
25 S 13. QUARTERLY PERSONNEL STATEMENTS. 1. AS USED IN THIS SECTION THE
26 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
27 A. "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR
28 TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR
29 HER WORK DUTIES.
30 B. "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR
31 EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE LIMIT-
32 ED TO THE PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR
33 OTHERWISE, TANGIBLE OR INTANGIBLE.
34 2. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
35 STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING
36 WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN
37 AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, ANY PERSON HAVING THE
38 POWER TO CERTIFY VOUCHERS TO THE TEMPORARY PRESIDENT OF THE SENATE OR
39 THE SPEAKER OF THE ASSEMBLY SHALL SUBMIT TO THE SECRETARY OF THE SENATE
40 OR THE CLERK OF THE ASSEMBLY, WHICHEVER IS RELEVANT, A REPORT CONTAINING
41 A DETAILED STATEMENT ITEMIZING THE NAME, SALARY AND WORK LOCATION OF
42 EACH INDIVIDUAL UNDER HIS OR HER AUTHORITY FOR WHOM HE OR SHE HAS THE
43 POWER TO SO CERTIFY, WHO HAS BEEN PAID FOR SERVICES RENDERED FROM APPRO-
44 PRIATIONS MADE TO THE LEGISLATURE AND WHO, AT ANY TIME DURING THE
45 REPORTING YEAR WHILE ON AN ANNUAL, SESSION OR TEMPORARY LEGISLATIVE
46 PAYROLL, WAS NOT REGULARLY AND CUSTOMARILY ASSIGNED TO A WORK LOCATION
47 UNDER THE CONTROL OF SUCH REPORTING PERSON. SUCH REPORT SHALL ALSO
48 CONTAIN EACH AND EVERY DISBURSEMENT OR EXPENDITURE INCURRED FOR SERVICES
49 RENDERED OR ARTICLES FURNISHED TO AN OFFICE OR ENTITY OTHER THAN THE
50 LEGISLATIVE OFFICE OR OFFICES MAINTAINED BY THE REPORTING PERSON.
51 3. SUCH REPORTS SHALL BE SUBMITTED WITHIN THIRTY DAYS OF THE END OF
52 SUCH QUARTERLY PERIOD.
53 4. THE SECRETARY OF THE SENATE AND THE CLERK OF THE ASSEMBLY SHALL
54 COMPILE THE REPORTS RECEIVED UNDER THIS SECTION AND SHALL, WITHIN THIRTY
55 DAYS OF THE END OF SUCH REPORTING PERIOD, SUBMIT A GENERAL REPORT OF
56 SUCH STATEMENTS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY
S. 3853 3
1 LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEAD-
2 ER OF THE ASSEMBLY AND MAKE SUCH GENERAL REPORT AVAILABLE TO THE PUBLIC.
3 S 3. The state finance law is amended by adding a new section 14-c to
4 read as follows:
5 S 14-C. STATEMENT CONCERNING WORK LOCATION. 1. AS USED IN THIS
6 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
7 A. "GOVERNMENTAL ENTITY" SHALL MEAN EACH AND EVERY AGENCY, DIVISION,
8 BUREAU, SECTION, UNIT, BOARD, COUNCIL, COMMITTEE, AND COMMISSION OF THE
9 OFFICE OF THE GOVERNOR, THE EXECUTIVE DEPARTMENT, THE DEPARTMENT OF
10 AUDIT AND CONTROL, THE DEPARTMENT OF LAW AND THE DEPARTMENT OF STATE.
11 B. "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR
12 TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR
13 HER WORK DUTIES.
14 C. "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR
15 EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE LIMIT-
16 ED TO THE PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR
17 OTHERWISE, TANGIBLE OR INTANGIBLE.
18 2. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
19 STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING
20 WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN
21 AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, EACH GOVERNMENTAL
22 ENTITY SHALL ISSUE A REPORT TO THE STATE COMPTROLLER, CONTAINING A
23 DETAILED STATEMENT ITEMIZING THE NAME, SALARY AND WORK LOCATION OF EACH
24 INDIVIDUAL WHO HAS BEEN PAID FOR SERVICES RENDERED FROM THE APPROPRI-
25 ATIONS OF SUCH GOVERNMENTAL ENTITY AND WHO, AT ANY TIME DURING THE
26 REPORTING YEAR, REGULARLY AND CUSTOMARILY WAS NOT ASSIGNED TO A WORK
27 LOCATION UNDER THE CONTROL OF THE REPORTING GOVERNMENTAL ENTITY. SUCH
28 REPORT SHALL ALSO CONTAIN EACH AND EVERY DISBURSEMENT OR EXPENDITURE
29 INCURRED BY THE GOVERNMENTAL ENTITY FOR SERVICES RENDERED OR ARTICLES
30 FURNISHED TO ANOTHER ENTITY.
31 3. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
32 STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING
33 WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN
34 AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, EACH GOVERNMENTAL
35 ENTITY SHALL ISSUE A REPORT TO THE STATE COMPTROLLER CONTAINING A
36 DETAILED STATEMENT ITEMIZING THE NAME AND WORK LOCATION OF EACH INDIVID-
37 UAL WHO HAS NOT BEEN PAID FOR SERVICES RENDERED FROM THE APPROPRIATIONS
38 OF SUCH GOVERNMENTAL ENTITY AND WHO, AT ANY TIME DURING THE REPORTING
39 YEAR, REGULARLY AND CUSTOMARILY WAS OR IS ASSIGNED TO A WORK LOCATION
40 UNDER THE CONTROL OF THE REPORTING GOVERNMENTAL ENTITY.
41 4. SUCH REPORTS SHALL BE ISSUED WITHIN THIRTY DAYS OF THE END OF SUCH
42 QUARTERLY PERIOD.
43 5. THE STATE COMPTROLLER SHALL COMPILE THE REPORTS RECEIVED UNDER
44 THIS SECTION AND SHALL, AND WITHIN THIRTY DAYS OF THE END OF SUCH
45 REPORTING PERIOD, SUBMIT A GENERAL REPORT OF SUCH STATEMENTS TO THE
46 TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE,
47 THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AND
48 MAKE SUCH GENERAL REPORT AVAILABLE TO THE PUBLIC.
49 S 4. Section 8 of the state finance law is amended by adding a new
50 subdivision 9-c to read as follows:
51 9-C. A. FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE
52 FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE
53 QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN AND ENDING
54 JUNE THIRTIETH, TWO THOUSAND THIRTEEN, MAKE A REPORT TO THE TEMPORARY
55 PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER
56 OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY, WHICH REPORT
S. 3853 4
1 SHALL BE MADE AVAILABLE TO THE PUBLIC, CONTAINING A COMPLETE AND
2 DETAILED STATEMENT FOR EACH GOVERNMENTAL ENTITY, BY GOVERNMENTAL ENTITY,
3 OF EACH AND EVERY VOUCHER AND EVERY PAYROLL CERTIFICATION, VOUCHER OR
4 SHEET WHICH RESULTS IN AN EXPENDITURE OR DISBURSEMENT OF MONEY. SUCH
5 REPORT SHALL INCLUDE:
6 (I) THE NAME OF EVERY PERSON TO WHOM OR FOR WHOM ANY EXPENDITURE OR
7 DISBURSEMENT HAS BEEN MADE;
8 (II) THE QUANTITY AND PRICE OF ANY ARTICLE FURNISHED FOR WHICH AN
9 EXPENDITURE OR DISBURSEMENT HAS BEEN MADE;
10 (III) THE NATURE OF THE SERVICES, THE PERIOD OF EMPLOYMENT, THE NAME
11 AND TITLE OF A PERSON, AND THE SPECIFIC AMOUNT PAID TO A PERSON AND
12 WHERE EXPENDITURES OR DISBURSEMENTS HAVE BEEN MADE FOR SERVICES
13 RENDERED; AND
14 (IV) SUCH ADDITIONAL INFORMATION AS REQUIRED BY SECTION ONE HUNDRED
15 NINE OF THIS CHAPTER.
16 B. FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL
17 YEAR SUCH REPORT SHALL BE ISSUED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
18 OF THIS SUBDIVISION AND FOR EACH QUARTERLY PERIOD THEREAFTER, WITHIN
19 THIRTY DAYS OF THE END OF SUCH QUARTERLY PERIOD.
20 C. AS USED IN THIS SUBDIVISION THE FOLLOWING TERMS SHALL HAVE THE
21 FOLLOWING MEANINGS:
22 (I) "GOVERNMENTAL ENTITY" SHALL MEAN EACH AND EVERY AGENCY, DIVISION,
23 BUREAU, SECTION, UNIT, BOARD, COUNCIL, COMMITTEE, AND COMMISSION OF THE
24 OFFICE OF THE GOVERNOR, THE EXECUTIVE DEPARTMENT, THE DEPARTMENT OF
25 AUDIT AND CONTROL, THE DEPARTMENT OF LAW AND THE DEPARTMENT OF STATE.
26 (II) "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT
27 OR EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE
28 LIMITED TO PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR
29 OTHERWISE, TANGIBLE OR INTANGIBLE.
30 S 5. The public officers law is amended by adding a new section 73-c
31 to read as follows:
32 S 73-C. STATEMENT CONCERNING WORK LOCATION. 1. AS USED IN THIS SECTION
33 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
34 (A) "STATE AGENCY" SHALL MEAN ANY STATE DEPARTMENT, INCLUDING THE
35 OFFICE OF THE GOVERNOR, DIVISION, BOARD, COMMISSION, OR BUREAU OF ANY
36 STATE DEPARTMENT, ANY PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR
37 COMMISSION AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR.
38 (B) "STATE OFFICER OR EMPLOYEE" SHALL MEAN:
39 (I) HEADS OF STATE DEPARTMENTS AND THEIR DEPUTIES AND ASSISTANTS;
40 (II) OFFICERS AND EMPLOYEES OF STATEWIDE ELECTED OFFICIALS;
41 (III) OFFICERS AND EMPLOYEES OF STATE DEPARTMENTS, BOARDS, BUREAUS,
42 DIVISIONS, COMMISSIONS, COUNCILS OR OTHER STATE AGENCIES; AND
43 (IV) MEMBERS OR DIRECTORS OF PUBLIC AUTHORITIES OTHER THAN MULTI-STATE
44 AUTHORITIES, PUBLIC BENEFIT CORPORATIONS AND COMMISSIONS AT LEAST ONE OF
45 WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR, WHO RECEIVE COMPENSATION,
46 AND EMPLOYEES OF SUCH AUTHORITIES, CORPORATIONS AND COMMISSIONS.
47 (C) "LEGISLATIVE EMPLOYEE" SHALL MEAN ANY OFFICER OR EMPLOYEE OF THE
48 LEGISLATURE BUT IT SHALL NOT INCLUDE MEMBERS OF THE LEGISLATURE.
49 (D) "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR
50 TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR
51 HER WORK DUTIES.
52 2. COMMENCING WITH THE QUARTERLY PERIOD BEGINNING JULY FIRST, TWO
53 THOUSAND THIRTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND THIRTEEN,
54 AND FOR EACH QUARTERLY PERIOD THEREAFTER, EVERY STATE OFFICER OR EMPLOY-
55 EE AND EVERY LEGISLATIVE EMPLOYEE WHO, AT ANY TIME DURING THE REPORTING
56 PERIOD, REGULARLY AND CUSTOMARILY WAS ASSIGNED TO A WORK LOCATION OTHER
S. 3853 5
1 THAN A WORK LOCATION UNDER THE CONTROL OF THE STATE AGENCY OR LEGISLA-
2 TIVE OFFICE FROM WHICH HE RECEIVED COMPENSATION OR REIMBURSEMENT SHALL
3 SUBMIT A STATEMENT TO THE STATE COMPTROLLER, WHICH STATEMENT SHALL
4 CONTAIN HIS OR HER NAME, SALARY, WORK LOCATION AND THE STATE AGENCY OR
5 LEGISLATIVE OFFICE FROM WHICH COMPENSATION OR REIMBURSEMENT WAS RECEIVED
6 OR IS OWING. SUCH STATEMENT SHALL BE SUBMITTED WITHIN THIRTY DAYS OF THE
7 END OF SUCH QUARTERLY PERIOD.
8 3. THE STATE COMPTROLLER SHALL COMPILE THE REPORTS RECEIVED UNDER THIS
9 SECTION AND SHALL, AND WITHIN THIRTY DAYS OF THE END OF SUCH REPORTING
10 PERIOD, SUBMIT A GENERAL REPORT OF SUCH STATEMENTS TO THE TEMPORARY
11 PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER
12 OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AND MAKE SUCH
13 GENERAL REPORT AVAILABLE TO THE PUBLIC.
14 S 6. This act shall take effect immediately.
