NY State Senate Bill 2009-S5168

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to corporations, authorities and commissions
May 13, 2009	reported and committed to finance
Apr 27, 2009	referred to corporations, authorities and commissions

2009-S5168 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §2807, Pub Auth L; add Art 5 §§501 - 507, St Tech L

2009-S5168 (ACTIVE) - Summary

Relates to an inventory, study and report by the office for technology on the use of information technology used by public authorities.

2009-S5168 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5168

 TITLE OF BILL :  An act to amend the public authorities law and the
state technology law, in relation to an inventory, study and report by
the office for technology on the use of information technology by
public authorities and providing for the repeal of such provisions
upon the expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL : To create an annual comprehensive
technology inventory of existing information technology infrastructure
used by public authorities and their subsidiaries and affiliates, so
that information technology expenditures and use by public authorities
shall be transparent and accountable.

 SUMMARY OF SPECIFIC PROVISIONS :  Section 1. Creates a new
requirement that all public authorities shall submit an annual
technology plan to the office for technology.

Section 2. Amends the state technology law to provide for the creation
of an annual comprehensive inventory by public authorities of their
existing information technology infrastructure used by such
authorities and their subsidiaries and affiliates, to the extent such
information is available. The office for technology shall collect such
inventories on or before June 1, 2010, and annually thereafter until
June 1, 2012, and shall report upon such plans and technology use to
the governor, the temporary president of the senate and the speaker of

the assembly on or before December 1, 2010, and annually therefore
until December 1, 2012.  Such report shall be drafted in conjunction
with the division of the budget and the state procurement council, and
shall review such technology use by such authorities, and shall make
recommendations for improving management of such technology,
consistency with the State's technology plan, and shall also make
recommendations concerning safeguarding privacy and confidentiality of
records, and open records and transparency issues.

 JUSTIFICATION : It is conjectured that the State of New York's public
authorities and public benefit corporations, and their subsidiaries
and affiliates, spend somewhere between $500,000,000 and
$2,000,000,000 on information technology annually. However, there is
no central source from which the legislature, the Governor and
executive agencies, good government groups, information technology
professionals and stakeholder groups can determine with specificity
the exact amount spent annually by said public authorities and public
benefit corporations. Nor, for that matter, is there a central source
of data from which one can determine whether public authorities and
public benefit corporations are purchasing information technology that
provides the best value for the public.

The study created by this bill will bring long needed transparency and
accountability into the area of public authority purchasing and use of
information technology. It is hoped that the information resulting
from the study will aid oversight of the authorities, and will provide
a basis from which the State can drive down the cost and increase the
benefits of the information technology infrastructure it purchases.

 PRIOR LEGISLATIVE HISTORY : None.

 FISCAL IMPLICATIONS : Minimal.

 EFFECTIVE DATE : This act shall take effect immediately.

2009-S5168 (ACTIVE) - Bill Text download pdf

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

                                  5168

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the public authorities law and the state technology law,
  in  relation to an inventory, study and report by the office for tech-
  nology on the use of information technology by public authorities  and
  providing for the repeal of such provisions upon the expiration there-
  of

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

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 2807 to read as follows:
  S  2807.  ANNUAL TECHNOLOGY REPORTS. EVERY PUBLIC AUTHORITY AND PUBLIC
BENEFIT CORPORATION IS DEFINED BY SECTION FIVE HUNDRED TWO OF THE  STATE
TECHNOLOGY  LAW,  SHALL SUBMIT TO THE OFFICE FOR TECHNOLOGY ANNUAL TECH-
NOLOGY PLANS AND OTHER INFORMATION AS REQUIRED BY ARTICLE  FIVE  OF  THE
STATE TECHNOLOGY LAW.
  S  2. The state technology law is amended by adding a new article 5 to
read as follows:
                                ARTICLE V
                PUBLIC AUTHORITY TECHNOLOGY INVENTORY ACT
SECTION 501. SHORT TITLE.
        502. DEFINITIONS.
        503. PUBLIC AUTHORITY TECHNOLOGY INVENTORY.
        504. PUBLIC AUTHORITY ANNUAL TECHNOLOGY PLANS.
        505. REPORTING.
        506. COLLECTION OF INFORMATION.
        507. CONFIDENTIALITY AND EXCEPTIONS.
  S 501. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "PUBLIC AUTHORITY TECHNOLOGY INVENTORY ACT."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11614-01-9

S. 5168                             2

  S  502. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
MEAN:
  1.  "STATE  AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION CREATED BY OR EXISTING  UNDER  SECTION  TWO  OF  THE  PUBLIC
AUTHORITIES  LAW  OR ANY OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR
MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY
VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE, OTHER THAN AN  INTERSTATE
OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC  BENEFIT CORPORATION, INCLUDING
SUBSIDIARIES OF SUCH PUBLIC AUTHORITY  OR PUBLIC BENEFIT CORPORATION.
  2. "LOCAL AUTHORITY" SHALL MEAN (A) A PUBLIC AUTHORITY OR PUBLIC BENE-
FIT CORPORATION CREATED BY OR EXISTING UNDER THIS ARTICLE OR  ANY  OTHER
LAW OF THE STATE OF NEW YORK WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE OF
THE  STATE,  ARE  NOT  APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE
GOVERNOR SPECIFICALLY UPON  THE RECOMMENDATION OF THE  LOCAL  GOVERNMENT
OR GOVERNMENTS;
  (B)  A  NOT-FOR-PROFIT   CORPORATION AFFILIATED WITH, SPONSORED BY, OR
CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT;
  (C) A LOCAL INDUSTRIAL DEVELOPMENTAL  AGENCY  OR  AUTHORITY  OR  OTHER
LOCAL PUBLIC BENEFIT CORPORATION;
  (D) AN AFFILIATE OF SUCH LOCAL AUTHORITY.
  3. "INTERSTATE OR INTERNATIONAL AUTHORITY" SHALL MEAN AN INTERNATIONAL
OR  INTERSTATE PUBLIC AUTHORITY CREATED PURSUANT TO AGREEMENT OR COMPACT
WITH ANOTHER STATE OR WITH A FOREIGN POWER, INCLUDING ANY AND ALL AFFIL-
IATED OR SUBSIDIARIES.
  4. "AFFILIATE" SHALL MEAN A CORPORATE BODY  HAVING  SUBSTANTIALLY  THE
SAME OWNERSHIP OR CONTROL AS ANOTHER CORPORATE BODY.
  5.  "SUBSIDIARY"  SHALL NOT INCLUDE, FOR THE PURPOSES OF THIS ARTICLE,
CORPORATIONS THAT HAVE BEEN CERTIFIED BY THE PARENT CORPORATION AS BEING
INACTIVE FOR THE PAST TWELVE MONTHS, HAVING AN IDENTICAL  BOARD  OF  ITS
PARENT  CORPORATION,  OR NOT HAVING SEPARATE AND INDEPENDENT OPERATIONAL
CONTROL.
  6. "OFFICE" SHALL MEAN THE OFFICE FOR TECHNOLOGY.
  7. "TECHNOLOGY" SHALL MEAN A GOOD, SERVICE, OR GOOD AND  SERVICE  THAT
RESULTS  IN A DIGITAL, ELECTRONIC OR SIMILAR TECHNICAL METHOD OF ACHIEV-
ING A PRACTICAL PURPOSE OR IN IMPROVEMENTS  IN  PRODUCTIVITY,  INCLUDING
BUT  NOT LIMITED TO INFORMATION MANAGEMENT, EQUIPMENT, SOFTWARE, OPERAT-
ING SYSTEMS, INTERFACE  SYSTEMS,  INTERCONNECTED  SYSTEMS,  TELECOMMUNI-
CATIONS,  DATA MANAGEMENT, NETWORKS, AND NETWORK MANAGEMENT, CONSULTING,
SUPPLIES, FACILITIES, MAINTENANCE AND TRAINING.
  S 503. PUBLIC AUTHORITY  TECHNOLOGY  INVENTORY.  1.  STATE  AND  LOCAL
AUTHORITIES SHALL SUBMIT TO THE OFFICE AN ANNUAL COMPREHENSIVE INVENTORY
OF  EXISTING  INFORMATION  TECHNOLOGY  INFRASTRUCTURE  UTILIZED BY STATE
AUTHORITIES, LOCAL AUTHORITIES AND THEIR SUBSIDIARIES OR AFFILIATES,  TO
THE EXTENT THAT SUCH INFORMATION IS AVAILABLE.
  2.  THE  COMPREHENSIVE INFORMATION TECHNOLOGY INVENTORY SHALL INCLUDE,
BUT NOT BE LIMITED TO:
  (A) COMPUTER HARDWARE AND SOFTWARE SUPPORTING EXISTING OPERATIONS;
  (B) ANY MAJOR PHYSICAL INFRASTRUCTURES SUPPORTING EXISTING OPERATIONS,
INCLUDING POWER, AIR CONDITIONING, SPACE AND OTHER ENVIRONMENTAL NEEDS;
  (C) TELECOMMUNICATIONS AND OTHER NETWORKS  SUPPORTING  EXISTING  OPER-
ATIONS;
  (D) PERSONNEL ASSOCIATED WITH EXISTING OPERATIONS AND MANAGEMENT;
  (E)  EXPECTED  RETIREMENT  SCHEDULE  OF EXISTING COMPUTER HARDWARE AND
SOFTWARE AND PROJECTED REPLACEMENT COSTS;
  (F) DATA PROCESSING OR OTHER  TECHNOLOGY  CONSULTING  AND  CONTRACTING
SERVICES UTILIZED; AND

S. 5168                             3

  (G)  A LIST OF CONTRACTS FOR THE PURCHASE OF TECHNOLOGY AND TECHNOLOGY
CONSULTING SERVICES.
  S  504.  PUBLIC  AUTHORITY  ANNUAL TECHNOLOGY PLANS. 1. TO FULFILL THE
DUTY TO ACT AS THE OFFICIAL STATE PLANNING AND COORDINATING  OFFICE  FOR
THE  ADVANCEMENT OF TECHNOLOGY, AND TO IMPROVE GOVERNMENT EFFICIENCY AND
EFFECTIVENESS, THE OFFICE SHALL COLLECT  ANNUAL  TECHNOLOGY  PLANS  FROM
STATE  AUTHORITIES,  LOCAL  AUTHORITIES AND THEIR SUBSIDIARIES OR AFFIL-
IATES, TO THE EXTENT THAT SUCH INFORMATION IS AVAILABLE.
  2. THE ANNUAL TECHNOLOGY PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) EXPLANATION OF HOW THE AGENCY'S TECHNOLOGY STRATEGY  FURTHERS  THE
ENTITY'S MISSION AND PURPOSE;
  (B)  REVIEWING OF THE STATUS OF MAJOR TECHNOLOGY INITIATIVES CURRENTLY
IN DEVELOPMENT AND AN ASSESSMENT OF HOW WELL THE INITIATIVES ARE MEETING
THEIR STATED GOALS;
  (C) PROPOSALS FOR EACH NEW MAJOR  TECHNOLOGY  INTUITIVE  WHICH,  AT  A
MINIMUM,  IDENTIFIES  THE  BUSINESS  NEED BEING ADDRESSED; EVALUATES THE
IMPACT OF ENTITY PROGRAMS; DESCRIBES  THE  ALTERNATIVES  EVALUATED,  THE
EXPECTED  BENEFITS  AND  HOW  SUCCESS  WILL BE MEASURED; ASSESSES RISKS;
ESTIMATES CURRENT AND FUTURE COSTS; AND SUMMARIZES THE  TYPES  OF  GOODS
AND SERVICES TO BE ACQUIRED AND PLANNED METHOD OF PROCUREMENT;
  (D) OVERVIEW OF EXPECTED FUTURE TECHNOLOGY INITIATIVES WITHIN THE NEXT
FIVE YEARS;
  (E)  SUMMARY  OF  THE  DISTRIBUTION  OF CURRENT INFORMATION TECHNOLOGY
RESOURCES;
  (F) REPORTS ON DISASTER RECOVERY AND CONTINUITY  OF  OPERATIONS  PLANS
FOR TECHNOLOGY OPERATIONS; SUCH PLANS SHALL BE CONFIDENTIAL; AND
  (G)  BUDGETARY FUND SOURCES, BONDING OR FINANCING MECHANISMS AND METH-
ODS OF PROCUREMENT FOR EACH INITIATIVE.
  S 505. REPORTING. 1. THE OFFICE SHALL COLLECT SUCH INVENTORY AND ANNU-
AL TECHNOLOGY PLAN INFORMATION AS AUTHORIZED BY THIS  ARTICLE  BEGINNING
ON  OR  BEFORE  JUNE  FIRST,  FOR EACH CONSECUTIVE YEAR BEGINNING IN TWO
THOUSAND TEN THROUGH AND INCLUDING TWO THOUSAND TWELVE. THE OFFICE SHALL
KEEP THE INFORMATION COLLECTED AND SUBMIT A REPORT TO THE GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF ASSEMBLY ON OR
BEFORE DECEMBER FIRST, FOR EACH CONSECUTIVE YEAR.
  2. THE REPORT SHALL BE DRAFTED IN CONSULTATION WITH  THE  DIVISION  OF
THE BUDGET AND THE STATE PROCUREMENT COUNCIL, AND SHALL CONTAIN TECHNOL-
OGY  REVIEWS OF THE MAJOR TECHNOLOGY OPERATIONS AND INITIATIVES AND MAKE
RECOMMENDATIONS FOR IMPROVING MANAGEMENT  AND  GOVERNMENT  EFFECTIVENESS
AND   EFFICIENCY  RELATIVE  TO  TECHNOLOGY  DEPLOYMENT,  OPERATIONS  AND
PROCUREMENT. WHERE APPLICABLE, SUCH REVIEW  SHALL  INCLUDE  BUT  NOT  BE
LIMITED TO: ASSESSING CONSISTENCY WITH THE STATEWIDE STRATEGIC TECHNOLO-
GY  PLAN  AND THE ENTITY'S TECHNOLOGY PLANS; STATEWIDE TECHNOLOGY STAND-
ARDS; THE SAFEGUARDING OF INFORMATION PRIVACY; SECURITY OF  CONFIDENTIAL
RECORDS; AND PROPER DISSEMINATION OF PUBLIC INFORMATION.
  S  506.  COLLECTION OF INFORMATION. 1. THE OFFICE SHALL UTILIZE SECURE
WEB APPLICATIONS TO FACILITATE COLLECTION AND ANALYSIS OF THE  INVENTORY
AND  ANNUAL  TECHNOLOGY PLAN INFORMATION, AND MINIMIZE RESOURCE EXPENDI-
TURE BY THE ENTITIES REQUIRED TO SUBMIT INFORMATION.  THE  OFFICE  SHALL
PROVIDE ADEQUATE ASSISTANCE AND TRAINING IN THE USE OF SUCH WEB APPLICA-
TIONS  TO FACILITATE TIMELY PARTICIPATION BY ENTITIES REQUIRED TO SUBMIT
INFORMATION.
  2. THE OFFICE SHALL REQUEST AND SHALL RECEIVE FROM ANY STATE  AUTHORI-
TY,  LOCAL  AUTHORITY  AND  THEIR SUBSIDIARIES OR AFFILIATES THE PARTIC-
IPATION, INFORMATION AND REASONABLE RESOURCES NECESSARY TO CARRY OUT THE
RESPONSIBILITIES AND PROVISIONS SET FORTH IN THIS ARTICLE.

S. 5168                             4

  S 507. CONFIDENTIALITY AND EXCEPTIONS. 1. ANY INFORMATION SUBMITTED BY
AN ENTITY CONSIDERED TO BE CRITICAL  INFRASTRUCTURE,  TRADE  SECRET,  OR
OTHERWISE  EXCEPTED  UNDER  ARTICLE  SIX OF THE PUBLIC OFFICERS LAW FROM
DISCLOSURE SHALL BE MARKED AS SUCH AND SHALL BE  APPROPRIATELY  REVIEWED
BY THE OFFICE AND EXCEPTED FROM ANY PUBLIC REPORT.
  2.  ANY  STATE  AUTHORITY OR LOCAL AUTHORITY AND THEIR SUBSIDIARIES OR
AFFILIATES MAY SEEK AN EXCEPTION FROM THE INVENTORY AND ANNUAL TECHNOLO-
GY PLAN PROCESS AUTHORIZED BY THIS ARTICLE BY MAKING A WRITTEN  APPLICA-
TION  CERTIFYING THERE ARE NO CURRENT OR PLANNED TECHNOLOGY PROCUREMENTS
OR INITIATIVES BY THE ENTITY. THE OFFICE SHALL MAKE  A  TIMELY  DETERMI-
NATION  ON  THE APPLICATION AND MAY MAKE LIMITED INQUIRIES TO THE APPLI-
CANT TO SUPPORT SUCH DETERMINATION.
  S 3. This act shall take effect immediately, and shall remain in  full
force  and  effect  until  the thirtieth day of December, 2012 when upon
such date it shall expire and be deemed repealed.

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Senate Bill S5168

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2009-S5168 (ACTIVE) - Details

2009-S5168 (ACTIVE) - Summary

2009-S5168 (ACTIVE) - Sponsor Memo

2009-S5168 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5168

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2009-S5168 (ACTIVE) - Details

2009-S5168 (ACTIVE) - Summary

2009-S5168 (ACTIVE) - Sponsor Memo

2009-S5168 (ACTIVE) - Bill Text download pdf

Comments