Requires reports by state agencies relating to certain grants and expenditures made to community based organizations; requires listing by zip code of such grants.

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S1410-2013 Actions

• Jan 9, 2013: REFERRED TO FINANCE

S1410-2013 Memo

BILL NUMBER:S1410

TITLE OF BILL:
An act
to amend the executive law and the state finance law, in relation to
requiring reports by state agencies relating to certain grants and
expenditures made to community based organizations

PURPOSE:
To require an annual report from the division of the budget that
relates to the distribution of funds and grants to community based
organizations that would create greater transparency and
accountability by the department.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the executive law so that the division of
the budget will be required to submit a report to the legislature by
March first of each year relating to the distribution of funds and
grants to community based organizations. The report will provide a
listing of recipients, organized by zip code, of grants, awards or
funds appropriated for services end programs that are made to
organizations which provide services on a local basis. Additionally,
the report must be posted on the division of the budget website in a
manner which is clear and accessible to the public.

Section 2 amends the executive law so that the division of the budget
will be required to submit a report to the legislature by March first
of each year. This report will relate to the distribution of funds
end grants to community based organizations by or through the
department. The report will provide a listing of recipients,
organized by zip code, of grants, awards or funds appropriated for
services end programs that are made to organizations which provide
services on a local basis. Additionally, the report must be posted on
the division of the budget website in a manner which is clear and
accessible to the public.

JUSTIFICATION:
This legislation would create transparency in departmental spending by
providing citizens knowledge of how the government is spending its
budget and where the money is going to. The additional report that
the division of the budget is required to submit would allow citizens
to track the allocation of funds to community based organizations,
which localities the funds are going to, and the type of services and
programs that are being supported.

Concerns raised by Governor Cuomo in his veto of Senate Bill 372 in
2011, including the reporting procedures of the Statewide Financial
System (SFS), are addressed in this new version of the bill. Governor
Cuomo indicated the Statewide Financial System (SFS), which is a
single financial accounting record and central transaction processing
system managed by the Division of Budget, is expected to make such
reports. However, the SFS website is a portal for vendors and state
employees, which would make public access difficult and cumbersome.


The Division of the Budget has the ability to manage data from SFS,
and the website is designed to allow the public easy access to a
number of reports, including the state financial plan, the budget,
and cash levels.

LEGISLATIVE HISTORY:
First introduced in 2010. An previous version of the bill (S.372) was
vetoed in 2011.
2011-2012: S.635E-A - Died in Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1410-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1410

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sens. MONTGOMERY, O'MARA, PARKER, STAVISKY -- read twice
    and ordered printed, and when printed to be committed to the Committee
    on Finance

  AN ACT to amend the executive law and the state finance law, in relation
    to requiring reports by state agencies relating to certain grants  and
    expenditures made to community based organizations

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 164 of the executive law, as amended by chapter 833
  of the laws of 1965, is amended to read as follows:

    S 164. Reports by and to the department.   1. Each  department,  other
  than the executive department, shall make an annual report to the gover-
  nor  and  legislature  on  or  before  the fifteenth day of May, for the
  preceding calendar year. It shall contain  such  information  concerning
  the department and its several divisions, bureaus, offices, agencies and
  institutions,  and  their  activities  and affairs, and such recommenda-
  tions, as the head of the department shall deem necessary or proper, and
  any matters required by express provision of law to be included in  such
  report.  A  department also shall make such other and special reports as
  the governor or either house of the legislature may require.  From  time
  to time, the head of a department may require from any board, commission
  or  other  body  in  the  department  or from any subordinate officer or
  employee, division or bureau of the department, or from any  institution
  subject  to the supervision of the department, or from any agency of the
  department, such reports or information as such head may deem necessary.
  Unless expressly authorized by the head of the department,  there  shall
  be  hereafter  no  separate report, annual or otherwise, directly to the
  legislature or governor by any such board,  commission,  body,  officer,
  division,  bureau,  institution  or  agency notwithstanding any existing
  provision of law authorizing or requiring such report.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04045-01-3

 S. 1410                             2

    2. IN ADDITION TO THE ANNUAL REPORT  REQUIRED  BY  THIS  SECTION,  THE
  DIVISION  OF  THE BUDGET SHALL MAKE A REPORT TO THE LEGISLATURE BY MARCH
  FIRST OF EACH YEAR RELATING TO  DISTRIBUTION  OF  FUNDS  AND  GRANTS  TO
  COMMUNITY  BASED  ORGANIZATIONS  AND  SUCH REPORT SHALL BE POSTED ON THE
  DIVISION OF THE BUDGET WEBSITE IN A MANNER WHICH IS CLEAR AND ACCESSIBLE
  TO  THE  PUBLIC.   SUCH REPORT SHALL PROVIDE A LISTING OF RECIPIENTS, BY
  ZIP CODE, OF GRANTS, AWARDS  OR  FUNDS  APPROPRIATED  FOR  SERVICES  AND
  PROGRAMS  WHICH  ARE  MADE  TO ORGANIZATIONS WHICH PROVIDE SERVICES ON A
  LOCAL BASIS PURSUANT TO PROGRAMS ESTABLISHED BY LAW.
    S 2. Section 14 of the state finance law, as amended by chapter 155 of
  the laws of 2012, is amended to read as follows:

    S 14. Departmental statements. 1. In addition to the annual department
  reports prescribed by law, the head of each department of the state,  on
  or before the fifteenth day of October in each year, shall submit to the
  governor  a  statement  of  the  sources, amounts and disposition of all
  money received by such department, its divisions,  bureaus  or  officers
  for  the  preceding  fiscal  year other than money appropriated for such
  department by the legislature or money that was paid by such  department
  into  the  treasury.  Such  statement shall include a description of the
  nature and the amount of each fund, if any, then under  the  supervision
  or  control  of  such department or the head thereof or under the super-
  vision or control of any division, bureau, commission,  board  or  other
  organization  therein or under the supervision or control of the head or
  any other officer of such division, bureau, commission, board or  organ-
  ization,  which  was derived from any source whether or not deposited in
  the treasury, a citation of the  statute  authorizing  the  creation  or
  establishment  of  each  such  fund  and  the  nature  and amount of any
  payments made therefrom during the preceding fiscal year.  The  director
  of  the budget in the executive department shall make rules, which shall
  be approved by the governor, regulating the form and  contents  of  such
  statements.  Copies of such statements shall be simultaneously furnished
  to the senate finance committee and the assembly ways and means  commit-
  tee for their information.
    2.  The governor, in such form and with such explanation as the gover-
  nor may desire, shall transmit to the legislature, with the annual budg-
  et, a recapitulation or summary of the  information  contained  in  such
  statements  arranged under appropriate headings for each department. The
  provisions of this section shall not apply to any funds received by  the
  superintendent  of  financial services in a fiduciary capacity or to the
  state teachers' retirement fund, or any state employees' retirement  and
  pension  fund,  but  such exemption from the application of this section
  shall not affect any other provision of law requiring a report or state-
  ment of such funds.
    3.  IN ADDITION TO THE ANNUAL REPORT REQUIRED  BY  THIS  SECTION,  THE
  DIVISION  OF  THE BUDGET SHALL MAKE A REPORT TO THE LEGISLATURE BY MARCH
  FIRST OF EACH YEAR RELATING TO  DISTRIBUTION  OF  FUNDS  AND  GRANTS  TO
  COMMUNITY  BASED  ORGANIZATIONS  AND  SUCH REPORT SHALL BE POSTED ON THE
  DIVISION OF THE BUDGET WEBSITE IN A MANNER WHICH IS CLEAR AND ACCESSIBLE
  TO THE PUBLIC.  SUCH REPORT SHALL PROVIDE A LISTING  OF  RECIPIENTS,  BY
  ZIP  CODE,  OF  GRANTS,  AWARDS  OR  FUNDS APPROPRIATED FOR SERVICES AND
  PROGRAMS WHICH ARE MADE TO ORGANIZATIONS WHICH  PROVIDE  SERVICES  ON  A
  LOCAL BASIS PURSUANT TO PROGRAMS ESTABLISHED BY LAW.
    S 3. This act shall take effect immediately.