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

                                   652

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend the public officers law and the state finance law, in
  relation to public disclosure of memoranda of understanding  regarding
  certain line item appropriations in the state budget

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

  Section 1. Paragraphs (i) and (j) of subdivision 2 of  section  88  of
the  public  officers  law, paragraph (i) as added by chapter 933 of the
laws of 1977 and as relettered by chapter 813 of the laws  of  1987  and
paragraph  (j)  as added by chapter 510 of the laws of 1999, are amended
and a new paragraph (k) is added to read as follows:
  (i) any other files, records, papers or documents required by  law  to
be made available for public inspection and copying[.];
  (j)  external  audits  conducted pursuant to section ninety-two of the
legislative law and schedules issued  pursuant  to  subdivision  two  of
section ninety of the legislative law[.]; AND
  (K) NOTWITHSTANDING ANY ORDER, RULE OR RESOLUTION TO THE CONTRARY, ANY
MEMORANDA  OF  UNDERSTANDING  BETWEEN  THE EXECUTIVE AND THE LEGISLATURE
REGARDING LUMP SUM APPROPRIATION LISTED AS LINE ITEMS IN THE STATE BUDG-
ET.  SUCH MEMORANDA OF UNDERSTANDING, OR ANY  SEGREGATION  OF  LUMP  SUM
APPROPRIATION, BETWEEN THE LEGISLATIVE LEADERS AND/OR THE GOVERNOR SHALL
SPECIFY THE PROGRAM OR PROJECT BEING FUNDED, THE SELECTION CRITERIA, THE
PARTIES  INVOLVED  IN THE SELECTION PROCESS AND THE DOLLAR AMOUNT OF THE
APPROPRIATION.
  S 2. The state finance law is amended by adding a new  section  28  to
read as follows:
  S  28.  BUDGETED  FUNDS FOR UNSPECIFIED CAPITAL PROJECTS AND OPERATING
GRANTS. 1. ANY SINGLE GRANT PROVIDED TO  ANY  RECIPIENT  PURSUANT  TO  A
MEMORANDA  OF UNDERSTANDING OR ANY SEGREGATION OF LUMP SUM APPROPRIATION

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

                                                           LBD00814-01-9

A. 652                              2

GREATER THAN TWO HUNDRED FIFTY THOUSAND DOLLARS MADE  FROM  A  LUMP  SUM
APPROPRIATION  FOR  UNSPECIFIED  CAPITAL  PROJECTS  AND OPERATING GRANTS
RESULTING FROM THE STATE BUDGET PROCESS BETWEEN THE  EXECUTIVE  AND  THE
LEGISLATURE,  SHALL  BE  SUBSEQUENTLY  SUBMITTED  BY THE GOVERNOR TO THE
LEGISLATURE FOR PASSAGE AND APPROVAL, PRIOR TO THE RELEASE OF SUCH FUNDS
TO THE APPROPRIATE STATE AGENCY.
  2. ANY SINGLE GRANT PROVIDED TO ANY RECIPIENT PURSUANT TO A  MEMORANDA
OF  UNDERSTANDING OR ANY SEGREGATION OF LUMP SUM APPROPRIATION LESS THAN
TWO HUNDRED FIFTY THOUSAND DOLLARS RESULTING FROM THE STATE BUDGET PROC-
ESS BETWEEN THE EXECUTIVE AND THE LEGISLATURE THAT DOES NOT SPECIFY  THE
PROGRAM  OR  PROJECT  BEING  FUNDED, THE SELECTION CRITERIA, THE PARTIES
INVOLVED IN THE SELECTION PROCESS AND THE DOLLAR AMOUNT OF THE APPROPRI-
ATION, MUST POST THIS INFORMATION ON THE SENATE AND ASSEMBLY  WEB  SITES
NOT  LESS  THAN  THIRTY  DAYS PRIOR TO THE SUBMISSION TO THE APPROPRIATE
STATE AGENCY.
  S 3. This act shall take effect immediately.