senate Bill S1773

Amended

Enacts online revenues and expenditures transparency act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 24 / Jan / 2014
    • PRINT NUMBER 1773A

Summary

Enacts online revenues and expenditures transparency act.

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Bill Details

Versions:
S1773
S1773A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §183, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S2853A

Sponsor Memo

BILL NUMBER:S1773

TITLE OF BILL: An act to amend the executive law, in relation to enact-
ing the online revenues and expenditures transparency act

PURPOSE: Directs the Director of Office for Technology and the Director
of the Division of the Budget to create and maintain one-stop-shop budg-
et database web site for all of the most up-to-date State spending and
revenue statistics.

SUMMARY OF PROVISIONS:

Section 1. The Executive Law is amended by adding a new section 183.

§ 183. 1. Definitions

2. Directs the Director of the office for Technology to create, by Janu-
ary 1, 2015 and in collaboration with the Director of the Division of
the Budget, a single, searchable database web site for the following
statistics' annual State expenditures, bond debt payments, local aid to
local governments, annual revenues, receipts or deposits, tax revenues
received, agency earnings, revenues from state-owned monies and proper-
ties, gifts and donations, federal grants and miscellaneous revenues.

3. Directs the Director of the Division of the Budget to begin operating
the web site by February 1, 2015.

4. Requires expenditure and revenue statistics posted on the Web site to
be retained fox at least ten years.

5. Requires the Director of the Division of the Budget to update the Web
site's expenditure and revenue statistics on a monthly basis.

6. Exemptions for online listing of individual businesses, tax liabil-
ity, profits, sales or losses.

7. Specifies compliance requirements.

Section 2. Effective Date

EXISTING LAW: None.

JUSTIFICATION: Although the Internet has made a wealth of governmental
information accessible to New Yorkers, many of them must travel through
an online labyrinth to find data relating to New York State's fiscal
condition. Much information relating to state spending and. revenues is
already posted online, but it is spread across web sites run by several
State entities, such as the Division of the Budget, the Department of
Taxation and Finance, the Office of the Comptroller, the New York Power
Authority, the Thruway Authority and the Metropolitan Transportation
Authority.

Much of this information is also not undated regularly, making it even
harder for New Yorkers to get a clear picture of the State's fiscal
condition at any given time. The uncoordinated presentation of this
online budgetary information results in uncertainty, not transparency.

This legislation would authorize the creation of a single, searchable
budget database Web site, which would pull together most of this infor-
mation spread across the Internet. The Director of the Office of Tech-
nology would develop the Web site and the Director of the Division of
the Budget would be responsible for maintaining and updating the Web
site. This legislation is modeled after a bill (H.2972) the Massachu-
setts House of Representatives passed in 2010.

FISCAL IMPLICATIONS: Minimal. The Director of the Division of 'the
Budget already receives much of the information that this legislation
requires to be posted on the single, searchable budget database web
site.

EFFECTIVE DATE: This act shall take effect after ninety days of enact-
ment.

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

                                  1773

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- 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  enacting  the  online
  revenues and expenditures transparency act

  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 183 to
read as follows:
  S 183. ONLINE REVENUES AND EXPENDITURES TRANSPARENCY ACT.  1.    DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A)  "SEARCHABLE  BUDGET  DATABASE  WEBSITE" SHALL MEAN A WEBSITE THAT
ALLOWS THE PUBLIC AT NO COST TO SEARCH FOR, OBTAIN,  AND  AGGREGATE  THE
INFORMATION IDENTIFIED IN THIS SECTION.
  (B)  "ENTITY  AND/OR  RECIPIENTS"  SHALL MEAN ANY CORPORATION, ASSOCI-
ATION, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, OR  ANY
OTHER  LEGAL  BUSINESS  ENTITY.  IT  SHALL  ALSO  INCLUDE ANY GRANTEE OR
SUBGRANTEE, CONTRACTOR OR SUBCONTRACTOR, COUNTY,  CITY  OR  OTHER  LOCAL
GOVERNMENT  ENTITY.  IT  SHALL  NOT  INCLUDE ANY INDIVIDUAL RECIPIENT OF
STATE ASSISTANCE.
  (C) "AGENCY" SHALL MEAN ANY STATE DEPARTMENT, OFFICE,  BOARD,  COMMIS-
SION, BUREAU, DIVISION, INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION.
"AGENCY"  SPECIFICALLY  INCLUDES  ANY AUTHORITY CREATED BY AN ACT OF THE
STATE LEGISLATURE, INCLUDING THOSE AUTHORITIES NOT RECEIVING  STATE  TAX
REVENUE.  THIS  INCLUDES INDIVIDUAL STATE AGENCIES AND PROGRAMS, AS WELL
AS THOSE PROGRAMS AND ACTIVITIES  THAT  CROSS  AGENCY  LINES,  AND  ALSO
INCLUDES  ALL ELECTIVE OFFICES IN THE EXECUTIVE BRANCH OF GOVERNMENT AND
THE LEGISLATURE.
  (D) "FUNDING SOURCE" SHALL MEAN  THE  STATE  ACCOUNT  FROM  WHICH  THE
EXPENDITURE IS APPROPRIATED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01247-01-3

S. 1773                             2

  (E)  "FUNDING ACTION OR EXPENDITURE" SHALL INCLUDE DETAILS ON THE TYPE
OF SPENDING, BOTH APPROPRIATED EXPENDITURES, SUCH AS GRANTS,  CONTRACTS,
AND  APPROPRIATIONS,  AND  TAX  EXPENDITURES,  AS DEFINED BY SECTION ONE
HUNDRED EIGHTY-ONE OF THIS ARTICLE. WHERE POSSIBLE, A HYPERLINK  TO  THE
ACTUAL GRANTS OR CONTRACTS SHALL BE PROVIDED.
  (F)  "EXPECTED OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSI-
DIES INCLUDING TAX EXEMPTIONS, CREDITS, DIRECT GRANTS, OR INFRASTRUCTURE
ASSISTANCE, THE NUMBER AND QUALITY OF JOBS TO BE  CREATED  OR  RETAINED,
INCLUDING  WAGES  AND  BENEFITS, THE DATE THE JOB GOALS WILL BE REACHED,
THE ESTIMATED INCREASE TO THE STATE TAX BASE,  AND  WHETHER  THE  FUNDED
PROJECT  INVOLVES  THE  RELOCATION  OF  JOBS AND IF SO HOW MANY AND FROM
WHERE.
  (G) "FINAL OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSIDIES,
INCLUDING TAX EXEMPTIONS,  CREDITS,  DIRECT  GRANTS,  OR  INFRASTRUCTURE
ASSISTANCE, THE NUMBER AND QUALITY OF JOBS ACTUALLY CREATED OR RETAINED,
INCLUDING  WAGES  AND BENEFITS, AND THE ACTUAL INCREASE TO THE STATE TAX
BASE FOR THE FISCAL YEAR  IN  WHICH  BENEFIT  WAS  GIVEN.  THE  OUTCOMES
ACHIEVED  SHALL ALSO INCLUDE ANY MONEY RECAPTURED FROM CORPORATE SUBSIDY
RECIPIENTS FOR FAILURE TO MEET EXPECTED PERFORMANCE OUTCOMES.
  (H) "STATE AUDIT OR REPORT" SHALL INCLUDE ANY AUDIT OR  REPORT  ISSUED
BY  THE  COMPTROLLER,  ATTORNEY  GENERAL,  AGENCY,  LEGISLATIVE AUDITOR,
LEGISLATIVE COMMITTEE, OR EXECUTIVE BODY RELATING TO THE PAST OR CURRENT
PERFORMANCE  OF  THE  ENTITY  OR  RECIPIENT  OF  FUNDS  OR  THE   BUDGET
PROGRAM/ACTIVITY  OR  AGENCY  WHICH  THE DIRECTOR OF THE BUDGET DEEMS AS
RELEVANT.
  2. NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, THE DIRECTOR  OF
THE  OFFICE  FOR  TECHNOLOGY,  IN COLLABORATION WITH THE DIRECTOR OF THE
BUDGET, SHALL DEVELOP  A  SINGLE,  SEARCHABLE  BUDGET  DATABASE  WEBSITE
ACCESSIBLE BY THE PUBLIC AT NO COST, THAT INCLUDES:
  (A) ANNUAL STATE EXPENDITURES OR FUNDING ACTIONS PROVIDED TO ANY ENTI-
TY,  RECIPIENT  OR  AGENCY,  AS DETERMINED BY THE DIRECTOR OF THE BUDGET
INCLUDING THE NAME AND LOCATION OF ANY SUCH ENTITY, RECIPIENT OR AGENCY,
THE FUNDING SOURCE, THE  AMOUNT  OF  FUNDS  APPROPRIATED  INCLUDING  TAX
EXPENDITURES  OR OTHER SUBSIDIES, THE FUNDING AGENCY OR AUTHORITY, AND A
DESCRIPTION OF THE PURPOSE OF THE FUNDING ACTION OR EXPENDITURE. IF  THE
FUNDING  ACTION  OR  EXPENDITURE IS A TAX EXPENDITURE, INFORMATION ABOUT
THE EXPECTED OUTCOME OF SUCH  TAX  EXPENDITURE  SHALL  BE  INCLUDED  AND
INFORMATION CONCERNING THE FINAL OUTCOME SHALL BE PROVIDED WITHIN THIRTY
DAYS FROM WHEN IT IS REPORTED TO THE APPROPRIATE STATE AGENCY;
  (B) BOND DEBT PAYMENTS AND DEBT SERVICE INCLUDING, BUT NOT LIMITED TO,
AMOUNTS  OF  BOND INTEREST PAID AND SOURCES OF FUNDS PAID FOR INDIVIDUAL
BOND ISSUES;
  (C) LOCAL AID TO CITIES AND  TOWNS  INCLUDING,  BUT  NOT  LIMITED  TO,
AMOUNTS  PAID  TO  INDIVIDUAL UNITS OF GOVERNMENT FOR INDIVIDUALLY IDEN-
TIFIABLE AID PROGRAMS;
  (D) ANNUAL REVENUES, AS DETERMINED BY THE DIRECTOR OF THE BUDGET WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) RECEIPTS OR DEPOSITS BY ANY AGENCY INTO FUNDS  ESTABLISHED  WITHIN
THE STATE TREASURY;
  (II) TAX REVENUE RECEIVED;
  (III) AGENCY EARNINGS INCLUDING, BUT NOT LIMITED TO, AMOUNTS COLLECTED
BY  EACH  AGENCY  FOR MERCHANDISE SOLD, SERVICES PERFORMED, LICENSES AND
PERMITS ISSUED, OR REGULATION;
  (IV) REVENUE FOR THE USE OF MONEY  AND  PROPERTY  INCLUDING,  BUT  NOT
LIMITED TO, AMOUNTS RECEIVED FOR COMPENSATION FOR THE USE OF STATE-OWNED
MONEY AND PROPERTY;

S. 1773                             3

  (V) GIFTS, DONATIONS AND FEDERAL GRANTS INCLUDING, BUT NOT LIMITED TO,
AMOUNTS RECEIVED FROM PUBLIC AND PRIVATE ENTITIES TO AID IN SUPPORT OF A
SPECIFIC FUNCTION OR OTHER GOVERNMENTAL ACTIVITY; AND
  (VI) OTHER REVENUE INCLUDING, BUT NOT LIMITED TO, RECEIPTS NOT CLASSI-
FIED ELSEWHERE.
  (E) ANNUAL BONDED INDEBTEDNESS WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE AMOUNT OF THE TOTAL ORIGINAL OBLIGATION STATED IN TERMS OF PRIN-
CIPAL  AND  INTEREST,  THE TERM OF THE OBLIGATION, THE SOURCE OF FUNDING
FOR REPAYMENT OF THE OBLIGATION, THE AMOUNTS OF PRINCIPAL  AND  INTEREST
PREVIOUSLY  PAID  TO REDUCE THE OBLIGATION, THE BALANCE REMAINING OF THE
OBLIGATION, ANY REFINANCING OF THE OBLIGATION, AND THE  CITED  STATUTORY
AUTHORITY TO ISSUE SUCH BONDS.
  (F) A LINK TO ANY STATE AUDIT OR REPORT.
  (G)  ANY  OTHER  RELEVANT INFORMATION SPECIFIED BY THE DIRECTOR OF THE
BUDGET.
  3. NO LATER THAN FEBRUARY FIRST, TWO THOUSAND FIFTEEN, THE DIRECTOR OF
THE BUDGET SHALL PUT  INTO  OPERATION  THE  SEARCHABLE  BUDGET  DATABASE
WEBSITE.
  4. THE SEARCHABLE BUDGET DATABASE WEBSITE SHALL RETAIN INFORMATION FOR
EACH  FISCAL  YEAR ON THE SINGLE WEBSITE FOR NOT LESS THAN TEN YEARS AND
SHALL INCLUDE DATA FOR THE MOST RECENT FISCAL YEARS.
  5. THE DIRECTOR OF THE BUDGET SHALL UPDATE THE SEARCHABLE BUDGET DATA-
BASE WEBSITE AS NEW DATA BECOMES AVAILABLE TO HIM OR HER.  ALL  AGENCIES
SHALL PROVIDE TO THE DIRECTOR OF THE BUDGET ALL DATA THAT IS REQUIRED TO
BE  INCLUDED  IN  THE  SEARCHABLE BUDGET DATABASE WEBSITE NOT LATER THAN
THIRTY DAYS AFTER THE DATA BECOMES AVAILABLE TO THE AGENCY. THE DIRECTOR
OF THE BUDGET SHALL PROVIDE GUIDANCE TO AGENCY HEADS TO  ENSURE  COMPLI-
ANCE WITH THIS SECTION.
  6. NOTHING IN THIS ACT SHALL PERMIT OR REQUIRE THE LISTING OF INDIVID-
UAL BUSINESSES' TAX LIABILITY, PROFITS, SALES OR LOSSES.
  7. THE DIRECTOR OF THE BUDGET AND THE DIRECTOR OF THE OFFICE FOR TECH-
NOLOGY  SHALL  NOT  BE CONSIDERED IN COMPLIANCE WITH THIS SECTION IF THE
DATA REQUIRED FOR THE SEARCHABLE BUDGET DATABASE WEBSITE IS  NOT  AVAIL-
ABLE IN A SEARCHABLE AND AGGREGATE MANNER OR IF THE PUBLIC IS REDIRECTED
BY  THE SEARCHABLE BUDGET DATABASE WEBSITE TO OTHER GOVERNMENT WEBSITES,
UNLESS EACH OF THOSE WEBSITES COMPLIES WITH  THE  REQUIREMENTS  OF  THIS
SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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