senate Bill S2526

Amended

Requires the secretary of state to compile, make public and keep current certain information about state boards

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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

  • 18 / Jan / 2013
    • REFERRED TO FINANCE
  • 23 / Apr / 2013
    • 1ST REPORT CAL.415
  • 24 / Apr / 2013
    • 2ND REPORT CAL.
  • 29 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 20 / May / 2013
    • PASSED SENATE
  • 20 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / May / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 27 / Jan / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 27 / Jan / 2014
    • PRINT NUMBER 2526A
  • 09 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 09 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1204
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Requires the secretary of state to compile, make public and keep current certain information about state boards.

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Bill Details

See Assembly Version of this Bill:
A489
Versions:
S2526
S2526A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add ยง100-a, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2405B, A73A
2009-2010: S7369A, A10052A

Sponsor Memo

BILL NUMBER:S2526

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 that would be 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 corning year. The public can then access
this information upon request to 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, 2015.

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/S.7369-A Vetoed (Veto No. 6807 of 2010).
S. 2405-B/ A. 73-A, 2011-12 passed Senate; Did not advance in Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect April 1,
2014.

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

                                  2526

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

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 BOARDS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04487-01-3

S. 2526                             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 FIFTEEN 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 FIFTEEN, 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, 2014.

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