Requires the secretary of state to compile, make public and keep current certain information about state boards.
Ayes (32): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
Nays (1): Duane
Ayes (59): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (3): Huntley, McDonald, Morahan
BILL NUMBER: S7369
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 and meeting information of all state boards. The secretary of state must keep such inventory in a public record available on the Department of State website.
On an annual basis, the secretary of state must update the list, verify the existence of all boards listed in law, and when appropriate, make' recommendations to the governor and legislature to merge boards with duplicative duties and purposes or eliminate non-functioning boards. This section also provides that all boards shall submit to the secretary of state all information needed to facilitate the publication requirements, and provides that failure to do so will render the members of the board ineligible to receive payments for compensation or expenses until such information is received.
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.
LEGISLATIVE HISTORY : This is a new bill.
FISCAL IMPLICATIONS : None.
LOCAL FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7369 IN SENATE April 1, 2010 ___________Introduced by Sen. C. JOHNSON -- 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 BOARDS ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS SECTION. THE SECRETARY OF STATE MUST KEEP SUCH INVENTORY IN A PUBLIC RECORD AVAILABLE FOREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15955-01-0 S. 7369 2
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 ON THE DEPARTMENT OF STATE WEBSITE, ALL VACANCIES, EXPIRED TERMS, THOSE TERMS EXPIRING WITHIN ONE YEAR, AND GUBERNATORIAL APPOINTMENT APPLICATION PROCEDURES. THE SECRETARY OF STATE SHALL ALSO VERIFY THE EXISTENCE OF ALL BOARDS LISTED IN LAW, AND, WHEN APPROPRIATE, MAKE RECOMMENDATIONS TO THE GOVERNOR AND LEGISLATURE CONCERNING OPPORTUNITIES TO MERGE BOARDS WITH DUPLICATIVE DUTIES AND PURPOSES OR ELIMINATE NONFUNCTIONING BOARDS. 4. ALL BOARDS SHALL 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. ALL BOARDS 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. ANY BOARD THAT FAILS TO REPORT TO THE SECRETARY OF STATE, THE MEMBERS OF SUCH BOARD SHALL NOT BE ELIGIBLE TO RECEIVE ANY MONEY FOR EXPENSES OR COMPENSATION INCURRED IN THE WORK OF THE BOARD UNTIL THE SECRETARY OF STATE RECEIVES SUCH INFORMATION PURSUANT TO THIS SECTION. S 2. This act shall take effect immediately.