S T A T E O F N E W Y O R K
________________________________________________________________________
3939
2009-2010 Regular Sessions
I N S E N A T E
April 7, 2009
___________
Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the legislative law, the state finance law and the
public officers law, in relation to requiring disclosure of the manner
in which public funds have been expended for personnel or property by
the legislative and executive branches of state government
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 15 of the legislative law, as amended by chapter
118 of the laws of 1984, is amended to read as follows:
S 15. Duties of secretary and clerk. 1. The secretary of the senate
and the clerk of the assembly shall from time to time revise, and send
to the members of the legislature, the clerk's manual, and shall as soon
as practicable after the organization of the legislature, prepare a
directory of the members and elected officers, with their public office
addresses while in the city of Albany. Within the discretion of the
temporary president of the senate and the speaker of the assembly, such
directory may contain the names of other officers and employees of the
senate and assembly.
2. The respective secretary or clerk of each house shall, as soon as
practicable after the close of each session, prepare and deliver to the
legislative printer the indexes to the journals and bills of such house.
3. The respective secretary and clerk shall prepare a list of mailing
addresses of senators and members of the assembly which shall be submit-
ted to the state board of elections by February twentieth of each year.
4. A. COMMENCING WITH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE
FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER, COMMENCING WITH
THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN AND
ENDING JUNE THIRTIETH, TWO THOUSAND ELEVEN, THE SECRETARY OF THE SENATE
AND THE CLERK OF THE ASSEMBLY SHALL SUBMIT TO THE TEMPORARY PRESIDENT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09137-01-9
S. 3939 2
THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEM-
BLY AND THE MINORITY LEADER OF THE ASSEMBLY AND MAKE AVAILABLE TO THE
PUBLIC, A REPORT CONTAINING A DETAILED STATEMENT OF THE MANNER IN WHICH
APPROPRIATIONS AND OTHER FUNDS AVAILABLE FOR DISBURSEMENT BY THE SECRE-
TARY OF THE SENATE OR THE CLERK OF THE ASSEMBLY, AS THE CASE MAY BE,
HAVE BEEN EXPENDED DURING THE PERIOD COVERED BY THE REPORT. SUCH REPORT
SHALL INCLUDE:
(I) THE NAME OF EVERY PERSON TO WHOM OR FOR WHOM ANY EXPENDITURE OR
DISBURSEMENT OF FUNDS HAS BEEN MADE;
(II) THE QUANTITY AND PRICE OF ANY ARTICLE FURNISHED FOR WHICH AN
EXPENDITURE OR DISBURSEMENT HAS BEEN MADE. FOR PURPOSES HEREOF THE TERM
"ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR
EXPENDITURE HAS BEEN MADE OR FOR WHICH A LIABILITY HAS BEEN INCURRED AND
SHALL INCLUDE BUT NOT BE LIMITED TO THE PURCHASE, RENTAL OR LEASE OF
PROPERTY, REAL, PERSONAL OR OTHERWISE, TANGIBLE OR INTANGIBLE; AND
(III) THE NATURE OF THE SERVICES, THE PERIOD OF EMPLOYMENT, THE NAME
AND TITLE OF A PERSON, AND THE SPECIFIC AMOUNT PAID TO A PERSON WHERE
EXPENDITURES OR DISBURSEMENTS HAVE BEEN MADE FOR SERVICES RENDERED.
B. FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE FISCAL YEAR,
SUCH REPORT SHALL BE SUBMITTED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
OF THIS SUBDIVISION, AND FOR EACH QUARTERLY PERIOD THEREAFTER, WITHIN
THIRTY DAYS OF THE END OF SUCH QUARTERLY PERIOD.
S 2. The legislative law is amended by adding a new section 13 to read
as follows:
S 13. QUARTERLY PERSONNEL STATEMENTS. 1. AS USED IN THIS SECTION THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR
TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR
HER WORK DUTIES.
B. "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR
EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE LIMIT-
ED TO THE PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR
OTHERWISE, TANGIBLE OR INTANGIBLE.
2. COMMENCING WITH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE
FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE
QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN AND ENDING
JUNE THIRTIETH, TWO THOUSAND ELEVEN, ANY PERSON HAVING THE POWER TO
CERTIFY VOUCHERS TO THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER
OF THE ASSEMBLY SHALL SUBMIT TO THE SECRETARY OF THE SENATE OR THE CLERK
OF THE ASSEMBLY, WHICHEVER IS RELEVANT, A REPORT CONTAINING A DETAILED
STATEMENT ITEMIZING THE NAME, SALARY AND WORK LOCATION OF EACH INDIVID-
UAL UNDER HIS OR HER AUTHORITY FOR WHOM HE OR SHE HAS THE POWER TO SO
CERTIFY, WHO HAS BEEN PAID FOR SERVICES RENDERED FROM APPROPRIATIONS
MADE TO THE LEGISLATURE AND WHO, AT ANY TIME DURING THE REPORTING YEAR
WHILE ON AN ANNUAL, SESSION OR TEMPORARY LEGISLATIVE PAYROLL, WAS NOT
REGULARLY AND CUSTOMARILY ASSIGNED TO A WORK LOCATION UNDER THE CONTROL
OF SUCH REPORTING PERSON. SUCH REPORT SHALL ALSO CONTAIN EACH AND EVERY
DISBURSEMENT OR EXPENDITURE INCURRED FOR SERVICES RENDERED OR ARTICLES
FURNISHED TO AN OFFICE OR ENTITY OTHER THAN THE LEGISLATIVE OFFICE OR
OFFICES MAINTAINED BY THE REPORTING PERSON.
3. SUCH REPORTS SHALL BE SUBMITTED WITHIN THIRTY DAYS OF THE END OF
SUCH QUARTERLY PERIOD.
4. THE SECRETARY OF THE SENATE AND THE CLERK OF THE ASSEMBLY SHALL
COMPILE THE REPORTS RECEIVED UNDER THIS SECTION AND SHALL, WITHIN THIRTY
DAYS OF THE END OF SUCH REPORTING PERIOD, SUBMIT A GENERAL REPORT OF
SUCH STATEMENTS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY
S. 3939 3
LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEAD-
ER OF THE ASSEMBLY AND MAKE SUCH GENERAL REPORT AVAILABLE TO THE PUBLIC.
S 3. The state finance law is amended by adding a new section 14-c to
read as follows:
S 14-C. STATEMENT CONCERNING WORK LOCATION. 1. AS USED IN THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "GOVERNMENTAL ENTITY" SHALL MEAN EACH AND EVERY AGENCY, DIVISION,
BUREAU, SECTION, UNIT, BOARD, COUNCIL, COMMITTEE, AND COMMISSION OF THE
OFFICE OF THE GOVERNOR, THE EXECUTIVE DEPARTMENT, THE DEPARTMENT OF
AUDIT AND CONTROL, THE DEPARTMENT OF LAW AND THE DEPARTMENT OF STATE.
B. "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR
TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR
HER WORK DUTIES.
C. "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT OR
EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE LIMIT-
ED TO THE PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR
OTHERWISE, TANGIBLE OR INTANGIBLE.
2. COMMENCING WITH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE
FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE
QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN AND ENDING
JUNE THIRTIETH, TWO THOUSAND ELEVEN, EACH GOVERNMENTAL ENTITY SHALL
ISSUE A REPORT TO THE STATE COMPTROLLER, CONTAINING A DETAILED STATEMENT
ITEMIZING THE NAME, SALARY AND WORK LOCATION OF EACH INDIVIDUAL WHO HAS
BEEN PAID FOR SERVICES RENDERED FROM THE APPROPRIATIONS OF SUCH GOVERN-
MENTAL ENTITY AND WHO, AT ANY TIME DURING THE REPORTING YEAR, REGULARLY
AND CUSTOMARILY WAS NOT ASSIGNED TO A WORK LOCATION UNDER THE CONTROL OF
THE REPORTING GOVERNMENTAL ENTITY. SUCH REPORT SHALL ALSO CONTAIN EACH
AND EVERY DISBURSEMENT OR EXPENDITURE INCURRED BY THE GOVERNMENTAL ENTI-
TY FOR SERVICES RENDERED OR ARTICLES FURNISHED TO ANOTHER ENTITY.
3. COMMENCING WITH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE
FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE
QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN AND ENDING
JUNE THIRTIETH, TWO THOUSAND ELEVEN, EACH GOVERNMENTAL ENTITY SHALL
ISSUE A REPORT TO THE STATE COMPTROLLER CONTAINING A DETAILED STATEMENT
ITEMIZING THE NAME AND WORK LOCATION OF EACH INDIVIDUAL WHO HAS NOT BEEN
PAID FOR SERVICES RENDERED FROM THE APPROPRIATIONS OF SUCH GOVERNMENTAL
ENTITY AND WHO, AT ANY TIME DURING THE REPORTING YEAR, REGULARLY AND
CUSTOMARILY WAS OR IS ASSIGNED TO A WORK LOCATION UNDER THE CONTROL OF
THE REPORTING GOVERNMENTAL ENTITY.
4. SUCH REPORTS SHALL BE ISSUED WITHIN THIRTY DAYS OF THE END OF SUCH
QUARTERLY PERIOD.
5. THE STATE COMPTROLLER SHALL COMPILE THE REPORTS RECEIVED UNDER
THIS SECTION AND SHALL, AND WITHIN THIRTY DAYS OF THE END OF SUCH
REPORTING PERIOD, SUBMIT A GENERAL REPORT OF SUCH STATEMENTS TO THE
TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AND
MAKE SUCH GENERAL REPORT AVAILABLE TO THE PUBLIC.
S 4. Section 8 of the state finance law is amended by adding a new
subdivision 9-c to read as follows:
9-C. A. FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE FISCAL
YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE QUAR-
TERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN AND ENDING JUNE
THIRTIETH, TWO THOUSAND ELEVEN, MAKE A REPORT TO THE TEMPORARY PRESIDENT
OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY, WHICH REPORT SHALL BE
MADE AVAILABLE TO THE PUBLIC, CONTAINING A COMPLETE AND DETAILED STATE-
S. 3939 4
MENT FOR EACH GOVERNMENTAL ENTITY, BY GOVERNMENTAL ENTITY, OF EACH AND
EVERY VOUCHER AND EVERY PAYROLL CERTIFICATION, VOUCHER OR SHEET WHICH
RESULTS IN AN EXPENDITURE OR DISBURSEMENT OF MONEY. SUCH REPORT SHALL
INCLUDE:
(I) THE NAME OF EVERY PERSON TO WHOM OR FOR WHOM ANY EXPENDITURE OR
DISBURSEMENT HAS BEEN MADE;
(II) THE QUANTITY AND PRICE OF ANY ARTICLE FURNISHED FOR WHICH AN
EXPENDITURE OR DISBURSEMENT HAS BEEN MADE;
(III) THE NATURE OF THE SERVICES, THE PERIOD OF EMPLOYMENT, THE NAME
AND TITLE OF A PERSON, AND THE SPECIFIC AMOUNT PAID TO A PERSON AND
WHERE EXPENDITURES OR DISBURSEMENTS HAVE BEEN MADE FOR SERVICES
RENDERED; AND
(IV) SUCH ADDITIONAL INFORMATION AS REQUIRED BY SECTION ONE HUNDRED
NINE OF THIS CHAPTER.
B. FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE FISCAL YEAR
SUCH REPORT SHALL BE ISSUED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF
THIS SUBDIVISION AND FOR EACH QUARTERLY PERIOD THEREAFTER, WITHIN THIRTY
DAYS OF THE END OF SUCH QUARTERLY PERIOD.
C. AS USED IN THIS SUBDIVISION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(I) "GOVERNMENTAL ENTITY" SHALL MEAN EACH AND EVERY AGENCY, DIVISION,
BUREAU, SECTION, UNIT, BOARD, COUNCIL, COMMITTEE, AND COMMISSION OF THE
OFFICE OF THE GOVERNOR, THE EXECUTIVE DEPARTMENT, THE DEPARTMENT OF
AUDIT AND CONTROL, THE DEPARTMENT OF LAW AND THE DEPARTMENT OF STATE.
(II) "ARTICLE FURNISHED" SHALL MEAN AN ITEM FOR WHICH A DISBURSEMENT
OR EXPENDITURE HAS BEEN OR WILL BE MADE AND SHALL INCLUDE BUT NOT BE
LIMITED TO PURCHASE, RENTAL OR LEASE OF PROPERTY, REAL, PERSONAL OR
OTHERWISE, TANGIBLE OR INTANGIBLE.
S 5. The public officers law is amended by adding a new section 73-c
to read as follows:
S 73-C. STATEMENT CONCERNING WORK LOCATION. 1. AS USED IN THIS SECTION
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "STATE AGENCY" SHALL MEAN ANY STATE DEPARTMENT, INCLUDING THE
OFFICE OF THE GOVERNOR, DIVISION, BOARD, COMMISSION, OR BUREAU OF ANY
STATE DEPARTMENT, ANY PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR
COMMISSION AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR.
(B) "STATE OFFICER OR EMPLOYEE" SHALL MEAN:
(I) HEADS OF STATE DEPARTMENTS AND THEIR DEPUTIES AND ASSISTANTS;
(II) OFFICERS AND EMPLOYEES OF STATEWIDE ELECTED OFFICIALS;
(III) OFFICERS AND EMPLOYEES OF STATE DEPARTMENTS, BOARDS, BUREAUS,
DIVISIONS, COMMISSIONS, COUNCILS OR OTHER STATE AGENCIES; AND
(IV) MEMBERS OR DIRECTORS OF PUBLIC AUTHORITIES OTHER THAN MULTI-STATE
AUTHORITIES, PUBLIC BENEFIT CORPORATIONS AND COMMISSIONS AT LEAST ONE OF
WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR, WHO RECEIVE COMPENSATION,
AND EMPLOYEES OF SUCH AUTHORITIES, CORPORATIONS AND COMMISSIONS.
(C) "LEGISLATIVE EMPLOYEE" SHALL MEAN ANY OFFICER OR EMPLOYEE OF THE
LEGISLATURE BUT IT SHALL NOT INCLUDE MEMBERS OF THE LEGISLATURE.
(D) "WORK LOCATION" SHALL MEAN THE ROOM NUMBER, BUILDING AND CITY OR
TOWN IN WHICH SUCH INDIVIDUAL REGULARLY AND CUSTOMARILY PERFORMS HIS OR
HER WORK DUTIES.
2. COMMENCING WITH THE QUARTERLY PERIOD BEGINNING JULY FIRST, TWO
THOUSAND ELEVEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND ELEVEN, AND
FOR EACH QUARTERLY PERIOD THEREAFTER, EVERY STATE OFFICER OR EMPLOYEE
AND EVERY LEGISLATIVE EMPLOYEE WHO, AT ANY TIME DURING THE REPORTING
PERIOD, REGULARLY AND CUSTOMARILY WAS ASSIGNED TO A WORK LOCATION OTHER
THAN A WORK LOCATION UNDER THE CONTROL OF THE STATE AGENCY OR LEGISLA-
S. 3939 5
TIVE OFFICE FROM WHICH HE RECEIVED COMPENSATION OR REIMBURSEMENT SHALL
SUBMIT A STATEMENT TO THE STATE COMPTROLLER, WHICH STATEMENT SHALL
CONTAIN HIS OR HER NAME, SALARY, WORK LOCATION AND THE STATE AGENCY OR
LEGISLATIVE OFFICE FROM WHICH COMPENSATION OR REIMBURSEMENT WAS RECEIVED
OR IS OWING. SUCH STATEMENT SHALL BE SUBMITTED WITHIN THIRTY DAYS OF THE
END OF SUCH QUARTERLY PERIOD.
3. THE STATE COMPTROLLER SHALL COMPILE THE REPORTS RECEIVED UNDER THIS
SECTION AND SHALL, AND WITHIN THIRTY DAYS OF THE END OF SUCH REPORTING
PERIOD, SUBMIT A GENERAL REPORT OF SUCH STATEMENTS TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER
OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AND MAKE SUCH
GENERAL REPORT AVAILABLE TO THE PUBLIC.
S 6. This act shall take effect immediately.
