This bill has been amended

Bill S3853-2011

Requires disclosure of the manner in which public funds have been expended by the executive and legislative branches of state government

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.

Details

Actions

  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Mar 7, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S3853

TITLE OF BILL:

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

PURPOSE:

This bill will require public disclosure of detailed reports of expenditures by the Governor, the Legislature, and the State agencies.

SUMMARY OF PROVISIONS:

This bill requires the Secretary of the Senate and the Clerk of the Assembly to make detailed reports on a quarterly basis of expenditures incurred on behalf of the Senate and Assembly, respectively. It also requires members of the Legislature having the power to certify vouchers to the Temporary President of the Senate or the Speaker of the Assembly to disclose on a quarterly basis the names of the individuals for whom they had authority to sign vouchers but who were not regularly or customarily assigned to a work location under the control of the reporting individual.

This bill also requires state agencies to issue quarterly reports concerning disbursements and the names, salaries, and work locations of their employees and a statement concerning individuals who may work at their offices, but are not on their payrolls. It also requires any person on a state payroll who receives compensation from one state entity, but regularly and customarily was assigned to a work location under the control of another, to report to the Comptroller his name, salary, work location, and the governmental entity from which compensation or reimbursement was received.

All of this information will be made available to the public.

JUSTIFICATION:

The united States Congress by statute (2 use Section l04a) is required to publish detailed reports of expenditures made on behalf of each member, committee, or other entity. A similar system of disclosure on the state level will make government more accountable to the people.

LEGISLATIVE HISTORY:

04/07/09 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 01/06/10 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

FISCAL IMPLICATIONS:

Some increased record keeping and publishing costs.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3853 2011-2012 Regular Sessions IN SENATE 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: Section 1. Section 15 of the legislative law, as amended by chapter 118 of the laws of 1984, is amended to read as follows: S 15. Duties of secretary and clerk. 1. The secretary of the senate and the clerk of the assembly shall from time to time revise, and send to the members of the legislature, the clerk's manual, and shall as soon as practicable after the organization of the legislature, prepare a directory of the members and elected officers, with their public office addresses while in the city of Albany. Within the discretion of the temporary president of the senate and the speaker of the assembly, such directory may contain the names of other officers and employees of the senate and assembly. 2. The respective secretary or clerk of each house shall, as soon as practicable after the close of each session, prepare and deliver to the legislative printer the indexes to the journals and bills of such house. 3. The respective secretary and clerk shall prepare a list of mailing addresses of senators and members of the assembly which shall be submit- ted to the state board of elections by February twentieth of each year. 4. A. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER, COMMENCING WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, THE SECRETARY OF THE SENATE AND THE CLERK OF THE ASSEMBLY SHALL SUBMIT TO THE TEMPORARY PRES-
IDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AND MAKE AVAILABLE TO THE PUBLIC, A REPORT CONTAINING A DETAILED STATEMENT OF THE MANNER IN WHICH APPROPRIATIONS AND OTHER FUNDS AVAILABLE FOR DISBURSEMENT BY THE SECRETARY OF THE SENATE OR THE CLERK OF THE ASSEMBLY, AS THE CASE MAY BE, HAVE BEEN EXPENDED DURING THE PERIOD COVERED BY THE REPORT. SUCH REPORT SHALL INCLUDE: (I) THE NAME OF EVERY PERSON TO WHOM OR FOR WHOM ANY EXPENDITURE OR DISBURSEMENT OF FUNDS HAS BEEN MADE; (II) THE QUANTITY AND PRICE OF ANY ARTICLE FURNISHED FOR WHICH AN EXPENDITURE OR DISBURSEMENT HAS BEEN MADE. FOR PURPOSES HEREOF THE TERM "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR EXPENDITURE HAS BEEN MADE OR FOR WHICH A LIABILITY HAS BEEN INCURRED AND SHALL INCLUDE BUT NOT BE LIMITED TO THE PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR OTHERWISE, TANGIBLE OR INTANGIBLE; AND (III) THE NATURE OF THE SERVICES, THE PERIOD OF EMPLOYMENT, THE NAME AND TITLE OF A PERSON, AND THE SPECIFIC AMOUNT PAID TO A PERSON WHERE EXPENDITURES OR DISBURSEMENTS HAVE BEEN MADE FOR SERVICES RENDERED. B. FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR, SUCH REPORT SHALL BE SUBMITTED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, AND FOR EACH QUARTERLY PERIOD THEREAFTER, WITHIN THIRTY DAYS OF THE END OF SUCH QUARTERLY PERIOD. S 2. The legislative law is amended by adding a new section 13 to read as follows: S 13. QUARTERLY PERSONNEL STATEMENTS. 1. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR HER WORK DUTIES. B. "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE LIMIT- ED TO THE PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR OTHERWISE, TANGIBLE OR INTANGIBLE. 2. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, ANY PERSON HAVING THE POWER TO CERTIFY VOUCHERS TO THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY SHALL SUBMIT TO THE SECRETARY OF THE SENATE OR THE CLERK OF THE ASSEMBLY, WHICHEVER IS RELEVANT, A REPORT CONTAINING A DETAILED STATEMENT ITEMIZING THE NAME, SALARY AND WORK LOCATION OF EACH INDIVIDUAL UNDER HIS OR HER AUTHORITY FOR WHOM HE OR SHE HAS THE POWER TO SO CERTIFY, WHO HAS BEEN PAID FOR SERVICES RENDERED FROM APPRO- PRIATIONS MADE TO THE LEGISLATURE AND WHO, AT ANY TIME DURING THE REPORTING YEAR WHILE ON AN ANNUAL, SESSION OR TEMPORARY LEGISLATIVE PAYROLL, WAS NOT REGULARLY AND CUSTOMARILY ASSIGNED TO A WORK LOCATION UNDER THE CONTROL OF SUCH REPORTING PERSON. SUCH REPORT SHALL ALSO CONTAIN EACH AND EVERY DISBURSEMENT OR EXPENDITURE INCURRED FOR SERVICES RENDERED OR ARTICLES FURNISHED TO AN OFFICE OR ENTITY OTHER THAN THE LEGISLATIVE OFFICE OR OFFICES MAINTAINED BY THE REPORTING PERSON. 3. SUCH REPORTS SHALL BE SUBMITTED WITHIN THIRTY DAYS OF THE END OF SUCH QUARTERLY PERIOD. 4. THE SECRETARY OF THE SENATE AND THE CLERK OF THE ASSEMBLY SHALL COMPILE THE REPORTS RECEIVED UNDER THIS SECTION AND SHALL, WITHIN THIRTY DAYS OF THE END OF SUCH REPORTING PERIOD, SUBMIT A GENERAL REPORT OF SUCH STATEMENTS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY
LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEAD- ER OF THE ASSEMBLY AND MAKE SUCH GENERAL REPORT AVAILABLE TO THE PUBLIC. S 3. The state finance law is amended by adding a new section 14-c to read as follows: S 14-C. STATEMENT CONCERNING WORK LOCATION. 1. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "GOVERNMENTAL ENTITY" SHALL MEAN EACH AND EVERY AGENCY, DIVISION, BUREAU, SECTION, UNIT, BOARD, COUNCIL, COMMITTEE, AND COMMISSION OF THE OFFICE OF THE GOVERNOR, THE EXECUTIVE DEPARTMENT, THE DEPARTMENT OF AUDIT AND CONTROL, THE DEPARTMENT OF LAW AND THE DEPARTMENT OF STATE. B. "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR HER WORK DUTIES. C. "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE LIMIT- ED TO THE PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR OTHERWISE, TANGIBLE OR INTANGIBLE. 2. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, EACH GOVERNMENTAL ENTITY SHALL ISSUE A REPORT TO THE STATE COMPTROLLER, CONTAINING A DETAILED STATEMENT ITEMIZING THE NAME, SALARY AND WORK LOCATION OF EACH INDIVIDUAL WHO HAS BEEN PAID FOR SERVICES RENDERED FROM THE APPROPRI- ATIONS OF SUCH GOVERNMENTAL ENTITY AND WHO, AT ANY TIME DURING THE REPORTING YEAR, REGULARLY AND CUSTOMARILY WAS NOT ASSIGNED TO A WORK LOCATION UNDER THE CONTROL OF THE REPORTING GOVERNMENTAL ENTITY. SUCH REPORT SHALL ALSO CONTAIN EACH AND EVERY DISBURSEMENT OR EXPENDITURE INCURRED BY THE GOVERNMENTAL ENTITY FOR SERVICES RENDERED OR ARTICLES FURNISHED TO ANOTHER ENTITY. 3. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, EACH GOVERNMENTAL ENTITY SHALL ISSUE A REPORT TO THE STATE COMPTROLLER CONTAINING A DETAILED STATEMENT ITEMIZING THE NAME AND WORK LOCATION OF EACH INDIVID- UAL WHO HAS NOT BEEN PAID FOR SERVICES RENDERED FROM THE APPROPRIATIONS OF SUCH GOVERNMENTAL ENTITY AND WHO, AT ANY TIME DURING THE REPORTING YEAR, REGULARLY AND CUSTOMARILY WAS OR IS ASSIGNED TO A WORK LOCATION UNDER THE CONTROL OF THE REPORTING GOVERNMENTAL ENTITY. 4. SUCH REPORTS SHALL BE ISSUED WITHIN THIRTY DAYS OF THE END OF SUCH QUARTERLY PERIOD. 5. THE STATE COMPTROLLER SHALL COMPILE THE REPORTS RECEIVED UNDER THIS SECTION AND SHALL, AND WITHIN THIRTY DAYS OF THE END OF SUCH REPORTING PERIOD, SUBMIT A GENERAL REPORT OF SUCH STATEMENTS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AND MAKE SUCH GENERAL REPORT AVAILABLE TO THE PUBLIC. S 4. Section 8 of the state finance law is amended by adding a new subdivision 9-c to read as follows: 9-C. A. FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN AND ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, MAKE A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY, WHICH REPORT
SHALL BE MADE AVAILABLE TO THE PUBLIC, CONTAINING A COMPLETE AND DETAILED STATEMENT FOR EACH GOVERNMENTAL ENTITY, BY GOVERNMENTAL ENTITY, OF EACH AND EVERY VOUCHER AND EVERY PAYROLL CERTIFICATION, VOUCHER OR SHEET WHICH RESULTS IN AN EXPENDITURE OR DISBURSEMENT OF MONEY. SUCH REPORT SHALL INCLUDE: (I) THE NAME OF EVERY PERSON TO WHOM OR FOR WHOM ANY EXPENDITURE OR DISBURSEMENT HAS BEEN MADE; (II) THE QUANTITY AND PRICE OF ANY ARTICLE FURNISHED FOR WHICH AN EXPENDITURE OR DISBURSEMENT HAS BEEN MADE; (III) THE NATURE OF THE SERVICES, THE PERIOD OF EMPLOYMENT, THE NAME AND TITLE OF A PERSON, AND THE SPECIFIC AMOUNT PAID TO A PERSON AND WHERE EXPENDITURES OR DISBURSEMENTS HAVE BEEN MADE FOR SERVICES RENDERED; AND (IV) SUCH ADDITIONAL INFORMATION AS REQUIRED BY SECTION ONE HUNDRED NINE OF THIS CHAPTER. B. FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR SUCH REPORT SHALL BE ISSUED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION AND FOR EACH QUARTERLY PERIOD THEREAFTER, WITHIN THIRTY DAYS OF THE END OF SUCH QUARTERLY PERIOD. C. AS USED IN THIS SUBDIVISION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I) "GOVERNMENTAL ENTITY" SHALL MEAN EACH AND EVERY AGENCY, DIVISION, BUREAU, SECTION, UNIT, BOARD, COUNCIL, COMMITTEE, AND COMMISSION OF THE OFFICE OF THE GOVERNOR, THE EXECUTIVE DEPARTMENT, THE DEPARTMENT OF AUDIT AND CONTROL, THE DEPARTMENT OF LAW AND THE DEPARTMENT OF STATE. (II) "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE LIMITED TO PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR OTHERWISE, TANGIBLE OR INTANGIBLE. S 5. The public officers law is amended by adding a new section 73-c to read as follows: S 73-C. STATEMENT CONCERNING WORK LOCATION. 1. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "STATE AGENCY" SHALL MEAN ANY STATE DEPARTMENT, INCLUDING THE OFFICE OF THE GOVERNOR, DIVISION, BOARD, COMMISSION, OR BUREAU OF ANY STATE DEPARTMENT, ANY PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR. (B) "STATE OFFICER OR EMPLOYEE" SHALL MEAN: (I) HEADS OF STATE DEPARTMENTS AND THEIR DEPUTIES AND ASSISTANTS; (II) OFFICERS AND EMPLOYEES OF STATEWIDE ELECTED OFFICIALS; (III) OFFICERS AND EMPLOYEES OF STATE DEPARTMENTS, BOARDS, BUREAUS, DIVISIONS, COMMISSIONS, COUNCILS OR OTHER STATE AGENCIES; AND (IV) MEMBERS OR DIRECTORS OF PUBLIC AUTHORITIES OTHER THAN MULTI-STATE AUTHORITIES, PUBLIC BENEFIT CORPORATIONS AND COMMISSIONS AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR, WHO RECEIVE COMPENSATION, AND EMPLOYEES OF SUCH AUTHORITIES, CORPORATIONS AND COMMISSIONS. (C) "LEGISLATIVE EMPLOYEE" SHALL MEAN ANY OFFICER OR EMPLOYEE OF THE LEGISLATURE BUT IT SHALL NOT INCLUDE MEMBERS OF THE LEGISLATURE. (D) "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR HER WORK DUTIES. 2. COMMENCING WITH THE QUARTERLY PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND THIRTEEN, AND FOR EACH QUARTERLY PERIOD THEREAFTER, EVERY STATE OFFICER OR EMPLOY- EE AND EVERY LEGISLATIVE EMPLOYEE WHO, AT ANY TIME DURING THE REPORTING PERIOD, REGULARLY AND CUSTOMARILY WAS ASSIGNED TO A WORK LOCATION OTHER
THAN A WORK LOCATION UNDER THE CONTROL OF THE STATE AGENCY OR LEGISLA- TIVE OFFICE FROM WHICH HE RECEIVED COMPENSATION OR REIMBURSEMENT SHALL SUBMIT A STATEMENT TO THE STATE COMPTROLLER, WHICH STATEMENT SHALL CONTAIN HIS OR HER NAME, SALARY, WORK LOCATION AND THE STATE AGENCY OR LEGISLATIVE OFFICE FROM WHICH COMPENSATION OR REIMBURSEMENT WAS RECEIVED OR IS OWING. SUCH STATEMENT SHALL BE SUBMITTED WITHIN THIRTY DAYS OF THE END OF SUCH QUARTERLY PERIOD. 3. THE STATE COMPTROLLER SHALL COMPILE THE REPORTS RECEIVED UNDER THIS SECTION AND SHALL, AND WITHIN THIRTY DAYS OF THE END OF SUCH REPORTING PERIOD, SUBMIT A GENERAL REPORT OF SUCH STATEMENTS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AND MAKE SUCH GENERAL REPORT AVAILABLE TO THE PUBLIC. S 6. This act shall take effect immediately.

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