Requires the secretary of state to compile, make public and keep current certain information about state boards.
TITLE OF BILL: An act to amend the executive law, in relation to information on state boards
PURPOSE: To create a centralized compilation of information about state boards which is available to the public.
SUMMARY OF PROVISIONS: Section one amends the executive law by adding a new section 100-A which defines "board" and requires the secretary of state to maintain a compilation of the membership, duties, meeting and contact information, and products of all state boards. The secretary of state must keep such inventory in a public record available on the Department of State website.
This section also provides that all boards, or the state agencies they advise, shall annually submit to the secretary of state all information needed to facilitate these publication requirements, and that the secretary of State must update the list annually.
This section provides that all boards, or the state agencies they advise, must also provide to the secretary of state on an annual basis all costs associated with these boards for the prior year, and anticipated costs for the. coming year, The public can then access this information upon request of the secretary of state.
Finally, the Secretary of State is directed to report to the governor, speaker of the assembly, temporary president of the senate, chair of the assembly oversight, investigations and analysis committee, and chair of the senate investigations and government operations committee on the status of the inventory on or before June 1,2013.
Section two provides the effective date.
JUSTIFICATION: No complete public inventory of state commissions, boards, councils, task forces, or similar bodies exists in New York. As a result, it is difficult, if not impossible, for New Yorkers to have an understanding of existing boards, their composition, purpose or legal responsibilities. In fact, the Committee on Oversight, Analysis & Investigation recently completed a review of more than one hundred statutorily authorized boards, task forces, and commissions, and discovered that only about half have information online, public meetings are listed for only thirty percent, and contact information was readily found for only forty-five percent.
Forty-one states have some form of centralized compilation or list of state boards. This legislation would bring New York in line with the majority of states which already provide this information to their citizens, and enable New Yorkers to easily find information about boards they are interested in. Overall, this is an important step in improving accountability and increasing government transparency.
This information will also enable oversight authorities, such as legislative committees, to make recommendations to merge boards with duplicative duties and purposes or eliminate non-functioning boards.
LEGISLATIVE HISTORY: A.10052-A, 2010 Passed Assembly. Same as S.7369-A, Passed Senate. Vetoed (Veto No. 6807 of 2010).
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect April 1, 2012.
STATE OF NEW YORK ________________________________________________________________________ 2405 2011-2012 Regular Sessions IN SENATE January 20, 2011 ___________Introduced by Sen. MARCELLINO -- 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 information on state boards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 100-a to read as follows: S 100-A. INFORMATION ON STATE BOARDS. 1. AS USED IN THIS SECTION "BOARD" MEANS ANY BOARD, COMMISSION, COMMITTEE, COUNCIL, TASK FORCE OR ANY SIMILAR STATE PUBLIC ORGANIZATION, REQUIRED TO BE ESTABLISHED PURSU- ANT TO STATE STATUTES OR EXECUTIVE ORDER, FOR THE EXERCISE OF ANY FUNC- TION OF STATE GOVERNMENT AND TO WHICH MEMBERS ARE APPOINTED OR ELECTED. "BOARD" DOES NOT INCLUDE: A. ANY INFORMAL ADVISORY ORGANIZATION ESTABLISHED EXCLUSIVELY BY A STATE AGENCY TO ADVISE THE COMMISSIONER, SECRETARY, OR DIRECTOR OF THAT AGENCY ON AN INFORMAL BASIS; B. ANY JOINT STANDING COMMITTEE OF THE LEGISLATURE OR ANY COMMITTEE OF THE ASSEMBLY AND/OR SENATE COMPOSED ENTIRELY OF MEMBERS OF THE LEGISLA- TURE; C. ANY COURT; D. THE BOARD OF TRUSTEES OF ANY INSTITUTION OF HIGHER EDUCATION FINAN- CIALLY SUPPORTED IN WHOLE OR IN PART BY THE STATE; E. ANY ENTITY OF LOCAL GOVERNMENT; F. ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY THE GOVERNOR OR SERVE AS MEMBERS BY VIRTUE OF HOLDING STATE OFFICES TO WHICH THEY WERE APPOINTED BY THE GOVERNOR, OR ANY COMBINATION THEREOF; AND G. ANY BOARD OF ELECTIONS. 2. THE SECRETARY OF STATE SHALL MAINTAIN A COMPILATION OF THE MEMBER- SHIP AND MEETING INFORMATION OF ALL STATE BOARDS, INCLUDING STATE BOARDSEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00913-01-1 S. 2405 2
ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS SECTION. THE SECRETARY OF STATE MUST KEEP SUCH INVENTORY IN A PUBLIC RECORD AVAILABLE FOR INSPECTION, AND UPDATED ANNUALLY ON THE DEPARTMENT OF STATE WEBSITE. SUCH COMPILATION SHALL INCLUDE, BUT NOT BE LIMITED TO: A. STATUTORY LANGUAGE, EXECUTIVE ORDER OR OTHER LEGAL BASIS FOR THE ESTABLISHMENT OF SUCH BOARD; B. PUBLIC INFORMATION INCLUDING DEPARTMENTAL AFFILIATION, CONTACT ADDRESS, PHONE NUMBER, AND WEBSITE; C. A BRIEF DESCRIPTION OF THE PURPOSE OF THE BOARD AND ITS STATUTORILY REQUIRED DUTIES, INCLUDING REQUIRED REPORTS OR OTHER PRODUCTS; D. THE SIZE OF BOARD MEMBERSHIP, CURRENT MEMBER NAMES, AND ANY QUALI- FICATIONS; E. WHETHER MEMBERS OF A BOARD ARE ELIGIBLE FOR PAYMENT OF EXPENSES OR OTHER COMPENSATION IN THE PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THAT BOARD; F. DATES AND LOCATIONS OF ALL MEETINGS HELD, AND TO BE HELD WITHIN SIX MONTHS; AND G. ANY OTHER INFORMATION THE SECRETARY OF STATE MAY REQUIRE. 3. THE SECRETARY OF STATE SHALL UPDATE ON AN ANNUAL BASIS BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN ON THE DEPARTMENT OF STATE WEBSITE, ALL VACANCIES, EXPIRED TERMS, THOSE TERMS EXPIRING WITHIN ONE YEAR, AND THE PROCESS FOR FILLING SUCH VACANCIES ON SUCH BOARDS. 4. EACH BOARD OR THE STATE AGENCY THAT PROVIDES ADMINISTRATIVE SUPPORT OR IS OTHERWISE AFFILIATED WITH A BOARD SHALL ANNUALLY ON OR BEFORE JANUARY FIRST, SUBMIT TO THE SECRETARY OF STATE ALL INFORMATION PURSUANT TO THIS SECTION IN A MANNER SPECIFIED BY THE SECRETARY OF STATE TO FACILITATE THE PUBLICATION REQUIREMENTS OF THIS SECTION. EACH SUBMISSION SHALL ALSO INCLUDE INFORMATION ON COMPENSATION AND EXPENSES INCURRED IN THE PRIOR AND CURRENT FISCAL YEARS, AS WELL AS PROJECTED COSTS FOR THE COMING FISCAL YEAR. 5. THE SECRETARY OF STATE SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE ANY INFORMATION AND RESOURCES AS WILL ENABLE HIM OR HER TO PROPERLY CARRY OUT THE PURPOSES OF THIS SECTION. 6. ON OR BEFORE JUNE FIRST, TWO THOUSAND THIRTEEN, THE SECRETARY OF STATE SHALL REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEMBLY OVERSIGHT, ANALYSIS AND INVESTIGATION COMMITTEE AND THE CHAIR OF THE SENATE INVES- TIGATIONS AND GOVERNMENT OPERATIONS COMMITTEE ON THE STATUS OF THE INVENTORY INCLUDING BUT NOT LIMITED TO THE NUMBER OF BOARDS REPORTED AND VERIFIED; AND THE CONTENT AND COMPLETENESS OF THE INFORMATION GATHERED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. THE SECRETARY SHALL ALSO REPORT ON ANY IMPEDIMENTS TO OBTAINING INFORMATION. S 2. This act shall take effect April 1, 2012.