NY State Senate Bill 2009-S1853

Senate Bill S1853

2009-2010 Legislative Session

Relates to the contents of the budget with respect to appropriations for certain information technology projects

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Feb 09, 2009	referred to finance

2009-S1853 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §22, add §2-b, St Fin L

2009-S1853 (ACTIVE) - Summary

Relates to the contents of the budget with respect to appropriations for certain information technology projects; directs the director of the budget to set forth appropriations for any information technology projects involving certain contracts proposed for funding in the budget as separate items of appropriation; directs the director of the budget to transmit a report which includes certain project specific information for certain proposed appropriations to the chairs of the senate finance and the assembly ways and means committees; defines the term "information technology".

2009-S1853 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1853

 TITLE OF BILL :

An act to amend the state finance law, in relation to contents of the
budget relating to appropriations for certain information technology
projects


 PURPOSE OR GENERAL IDEA OF BILL :

To enhance the information detailed in the budget regarding state
contracts, and financial obligations concerning same, particularly
relating to information technology.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 22 of the state finance law is amended by adding a new
subdivision 17, relating to information technology (IT) projects
totaling $5 million or more proposed for funding in the budget. The
Commissioner of the lead agency proposing the project shall provide
the Division of the Budget and the Fiscal Committees of the
Legislature with information about the proposed project, including the
schedule for design, development and implementation, the estimated
cost and the rationale and method of procurement.  Section 22 of the
state finance law is amended by adding a new subdivision 14b,

requiring the director of the budget to provide the Legislature's
Fiscal Committees with a report including project specific information
about the proposed appropriations. A new section 2-b is added to the
state finance law to define information technology as it is used in
subdivision 14 of section 22 of this chapter.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

Section 22 of the state finance law defines the content of the budget
submitted annually to the legislature; this bill adds further
provisions regarding such submittals.

 JUSTIFICATION :

The Assembly Committee on Oversight, Analysis and Investigation has
engaged in a number of investigations relating to state agency
procurements. Its focus has included a review of the State's
contractual obligations relating to information technology projects --
a significant and growing fiscal obligation to the State,

Oftentimes, it is very difficult to identify in budget documents a
clear picture of what the Governor proposes to spend and is actually
spending, on contractual obligations tied to IT projects. Sometimes an
item may appear as a separate item of appropriation. The State's
Medicaid Management Information System is one example of this and only
more recently, CONNECTIONS. However, in more cases than not, the
contractual obligation is subsumed within a broader agency
appropriation and hence, more difficult to identify and track.
Further, the information provided to the Legislature at budget time is
often less than specific about the long-term fiscal implications to
the State to develop these IT systems,

Key to the Legislature's decision-making process is not only how much
an obligation will cost the state today, but what will be the entire
cost to the state when fully implemented. For the Legislature, the
decision to appropriate monies in the first instance should be based
on a complete understanding of the fiscal commitment, over the
anticipated life of the project.


This bill will provide the Legislature with the tools to make informed
decisions in the first instance, and annually thereafter.  This
provision is modeled on existing State Finance law, Section 22,
subdivision 12a and 12b, relating to monies appropriated to remedy
state agencies' environmental law violations. That law was developed
in response to another Oversight Committee investigation conducted in
1990 and has proved to be a useful tool in the Legislature's
consideration of proposed budget items to remedy environmental law
violations.

This legislation will provide a more complete picture of the State's
IT contractual obligations tied and in turn, better enabling the
Legislature to perform its constitutional obligation of enacting a
State Budget. Among other things, it will tie contractual obligations
to particular appropriations, provide details on the full scope of the
project, including how long it should take to develop the IT system;
what the entire fiscal impact will be to the State; whether the
contract is keeping on track and on budget; and whether the contract
is facing significant cost overturns and if so, why.

 PRIOR LEGISLATIVE HISTORY :

2003 - Passed in Assembly
2004 - Referred to Ways & Means
2006 - Referred to Finance
2008 - S2274 - Referred to Finance

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Not only is there no fiscal implication to the State or Local
Governments with this legislation, this legislation could result in
cost savings and greater efficiencies to the State upon
implementation.

 EFFECTIVE DATE :
This act shall take effect on July 1, 2009.

2009-S1853 (ACTIVE) - Bill Text download pdf

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

                                  1853

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to  contents  of  the
  budget  relating  to appropriations for certain information technology
  projects

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

  Section  1. Section 22 of the state finance law is amended by adding a
new subdivision 17 to read as follows:
  17. A. WITH RESPECT TO APPROPRIATIONS FOR ANY  INFORMATION  TECHNOLOGY
PROJECT  INVOLVING  ONE  OR  MORE  CONTRACTS  AND TOTALLING FIVE MILLION
DOLLARS OR MORE PROPOSED FOR FUNDING IN THE BUDGET SUBMITTED ANNUALLY BY
THE GOVERNOR TO THE LEGISLATURE, EXCLUDING CAPITAL  PLAN  PROJECTS,  THE
AMOUNT REQUESTED TO FUND EACH SUCH PROJECT SHALL BE SET FORTH AS A SEPA-
RATE ITEM OF APPROPRIATION.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY,  SUCH  APPROPRIATION OR A PORTION THEREOF SHALL BE MADE AVAIL-
ABLE ONLY UPON THE SUBMISSION TO THE DIRECTOR OF THE BUDGET, THE  CHAIR-
PERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEM-
BLY  WAYS  AND  MEANS  COMMITTEE,  OF  A PROJECT DESIGN, DEVELOPMENT AND
IMPLEMENTATION PLAN PREPARED BY THE COMMISSIONER OF THE LEAD AGENCY  FOR
THE  PROJECT. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, A SCHEDULE
FOR THE DESIGN, DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT THAT IDEN-
TIFIES FUNCTIONAL DESIGN COMPONENTS, SPECIFICATIONS,  AND  REQUIREMENTS,
KEY  MILESTONES,  TIMETABLE,  THE  ESTIMATED  COST  OF EACH PHASE OF THE
PROJECT AND WEIGHS THE APPROPRIATENESS OF DISCRETE TECHNICAL  AND  FUNC-
TIONAL  PROJECT  COMPONENTS.  THE  PLAN SHALL DOCUMENT THE RATIONALE FOR
PROJECT SCOPE AND METHOD OF PROCUREMENT, INCLUDING WHETHER  THE  PROJECT
WILL  BE  PROCURED  AS  A  SINGLE  CONTRACT  OR AS SEPARATE CONTRACTS OF
DISCRETE TECHNICAL  AND  FUNCTIONAL  COMPONENTS.  ANY  EXPENDITURE  MADE
PURSUANT TO SUCH APPROPRIATION SHALL BE IN ACCORDANCE WITH SUCH PLAN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02901-01-9

S. 1853                             2

  B.  WITHIN  THIRTY  DAYS FOLLOWING THE SUBMISSION OF THE BUDGET BY THE
GOVERNOR FOR EACH FISCAL YEAR, BEGINNING WITH THE TWO THOUSAND NINE--TWO
THOUSAND TEN FISCAL YEAR, THE DIRECTOR OF THE BUDGET SHALL  TRANSMIT  TO
THE  CHAIRS  OF  THE  SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND
MEANS COMMITTEE A REPORT WHICH INCLUDES PROJECT SPECIFIC INFORMATION FOR
THE  PROPOSED  APPROPRIATIONS IDENTIFIED IN PARAGRAPH A OF THIS SUBDIVI-
SION AND ANY OTHER PROJECTS WHICH APPEAR AS SEPARATE ITEMS OF  APPROPRI-
ATION EXCLUDING CAPITAL PLAN PROJECTS.  SUCH REPORT SHALL SET FORTH:
  (I)  EXISTING  OR ANTICIPATED CONTRACTS, INCLUDING THE AGENCY OR AGEN-
CIES WHICH LET OR ANTICIPATE LETTING SUCH CONTRACTS;
  (II) VENDOR NAME WHEN AVAILABLE;
  (III) A DESCRIPTION OF THE PROJECT AND CONTRACT PURPOSE IN  LESS  THAN
THIRTY WORDS;
  (IV)  WHETHER  SUCH CONTRACTS ARE OR ARE ANTICIPATED TO BE CENTRALIZED
CONTRACTS;
  (V) ANTICIPATED LIFE TIME CONTRACT COSTS, BROKEN DOWN BY FISCAL YEAR;
  (VI) CONTRACT AMENDMENTS AND/OR CHANGE ORDERS FOR THE  CURRENT  FISCAL
YEAR, INCLUDING VALUE IF ANY AND REASONS THEREFOR;
  (VII)  THE  ESTIMATED  DATE  OF  CONTRACT COMPLETION, INCLUDING ANNUAL
TIMETABLE FOR A MULTI-YEAR CONTRACT AND ANY  CHANGE  IN  SUCH  TIMETABLE
SINCE THE PREVIOUS REPORT AND THE REASONS THEREFOR;
  (VIII)  THE  TOTAL OF ALL EXPENDITURES ON SUCH SPECIFIC CONTRACTS MADE
PRIOR TO THE THEN CURRENT FISCAL YEAR, INCLUDING ALL AGENCIES WHICH HAVE
INCURRED SUCH COSTS INCLUDING  WHEN  EXPENDITURES  ARE  MADE  OFF  OF  A
CENTRALIZED CONTRACT;
  (IX) THE TOTAL AMOUNT OF EXPENDITURES ON SUCH SPECIFIC CONTRACTS ESTI-
MATED  TO BE MADE DURING THE THEN CURRENT FISCAL YEAR AND DURING EACH OF
THE NEXT ENSUING FIVE FISCAL YEARS FOR MULTI-YEAR  CONTRACTS,  INCLUDING
ALL  AGENCIES WHICH HAVE INCURRED SUCH COSTS INCLUDING WHEN EXPENDITURES
ARE MADE OFF OF A CENTRALIZED CONTRACT;
  (X) WHETHER SUCH PROJECT IS FINANCED BY THE ISSUANCE  OF  CERTIFICATES
OF PARTICIPATION OR SIMILAR INSTRUMENTS AND THE ASSOCIATED COSTS RELATED
THERETO; AND
  (XI)  SUCH  OTHER INFORMATION AS NECESSARY TO FULLY DESCRIBE THE STATE
OBLIGATION WITH REGARD TO SUCH SPECIFIC OR ANTICIPATED CONTRACTS.
  S 2. The state finance law is amended by adding a new section  2-b  to
read as follows:
  S  2-B.  ADDITIONAL  DEFINITION.  AS  USED IN SUBDIVISION SEVENTEEN OF
SECTION TWENTY-TWO OF THIS CHAPTER, THE  TERM  "INFORMATION  TECHNOLOGY"
SHALL  MEAN  A  GOOD,  SERVICE  OR  GOOD  AND  SERVICE THAT RESULTS IN A
DIGITAL, ELECTRONIC OR SIMILAR TECHNICAL METHOD OF ACHIEVING A PRACTICAL
PURPOSE OR IN IMPROVEMENTS IN PRODUCTIVITY, INCLUDING BUT NOT LIMITED TO
INFORMATION MANAGEMENT, EQUIPMENT, SOFTWARE, OPERATING  SYSTEMS,  INTER-
FACE  SYSTEMS,  INTERCONNECTED SYSTEMS, TELECOMMUNICATIONS, DATA MANAGE-
MENT, NETWORKS, AND NETWORK MANAGEMENT,  CONSULTING,  SUPPLIES,  FACILI-
TIES, MAINTENANCE AND TRAINING.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

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