NY State Senate Bill 2009-S5879

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Jun 15, 2009	referred to rules

2009-S5879 (ACTIVE) - Details

See Assembly Version of this Bill:: A8941
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add Art 8-A §§130 - 130-f, St Fin L

2009-S5879 (ACTIVE) - Summary

Establishes the office of the federal stimulus ombudsman.

2009-S5879 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5879

 TITLE OF BILL :
An act to amend the state finance law, in relation to establishing the
office of the federal stimulus ombudsman


 PURPOSE OR GENERAL IDEA OF THE BILL :
Creates the Office of the Federal Stimulus Ombudsman to oversee the
spending of funds received under the American Recovery and
Reinvestment Act of 2009.

 SUMMARY OF PROVISIONS :
*Defines the terms "commission," "candidate," "ombudsman," "recovery
act," and "agency."

*Establishes The Commission on Nomination for the Federal Stimulus
Ombudsman.

*Lists the functions the commission shall have, and provides a
mechanism for appointing the Ombudsman.

*Creates the Office of the Federal Stimulus Ombudsman.

*States the declaration of policy that the Ombudsman shall follow.

*Defines the general functions, powers and duties of the Office of the
Ombudsman.

*Establishes performance oversight guidelines for various State
agencies receiving recovery act funds.

 JUSTIFICATION :
Under the American Recovery and Reinvestment Act of 2009, New York
State will receive nearly $27 billion to help invigorate the state's
economy. It is essential that these funds and any additional stimulus
funds are used in a manner which ensures job growth and the resurgence
of our economy.

To ensure that stimulus funds are used efficiently we must establish a
transparent, independent and effective manner to disburse and track
the funds. To achieve these goals, we must create an application
process for funding that is open to the entire public, not just people
with lobbyists or political connections. Additionally, we must set up
a system which tracks stimulus funding all the way down to the last
dollar being spent with mechanisms to evaluate the community-level and
household-level impact of those funds. Due to the large sum of money
involved and the speed at which it is expected to be disbursed, the
federal government has urged states to allocate a portion of the
stimulus funds for oversight purposes.

This bill creates a nominating commission to appoint nominees for the
head of the Office of the Federal Stimulus Ombudsman. The Governor
will then be empowered to select the Ombudsman from the commission's
list of nominees.

Once appointed, the independent Ombudsman will be directed to
establish standards and performance measures in the evaluation of
funding decisions and outcomes. Furthermore, the Ombudsman will be
empowered to oversee the spending of stimulus funds by state agencies.
The mechanisms contained within this legislation will not only provide
oversight of stimulus spending, but also foresight as we progress
through the economic recovery process.

By creating an independent office to oversee the effectiveness of
stimulus investments we will ensure that New York has the nation's
most advanced oversight system, placing our state in a
potentially-valuable position should future federal stimulus funding
become available. More importantly, this will ensure that New York's
stimulus funds are used in a manner to create the maximum amount of
jobs and economic growth, and for the state to gain valuable insights
regarding the efficient and effective use of government investments in
the long-term. This piece of legislation will create a template for
other states to use and help move the national economy forward.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
As the Office is expected to be funded from Federal grants available
to the states for oversight of stimulus programs, there is no
anticipated adverse fiscal impact to the State or local governments.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5879 (ACTIVE) - Bill Text download pdf

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

                                  5879

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 15, 2009
                               ___________

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

AN ACT to amend the state finance law, in relation to  establishing  the
  office of the federal stimulus ombudsman

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

  Section 1. The state finance law is amended by adding  a  new  article
8-A to read as follows:
                             ARTICLE VIII-A
                COMMISSION ON NOMINATION FOR THE FEDERAL
                           STIMULUS OMBUDSMAN

SECTION 130. LEGISLATIVE INTENT.
        130-A. DEFINITIONS.
        130-B. COMMISSION ON NOMINATION FOR THE FEDERAL STIMULUS OMBUDS-
                 MAN.
        130-C. RESPONSIBILITIES AND DUTIES OF THE COMMISSION.
        130-D. FEDERAL STIMULUS OMBUDSMAN.
        130-E. GENERAL FUNCTIONS, POWERS AND DUTIES OF THE OFFICE OF THE
                 FEDERAL STIMULUS OMBUDSMAN.
        130-F. AGENCY REQUIREMENT.
  S  130.  LEGISLATIVE  INTENT.  1.  THE  STATE OF NEW YORK HAS RECEIVED
BILLIONS OF DOLLARS THROUGH THE AMERICAN RECOVERY AND  REINVESTMENT  ACT
OF 2009 (RECOVERY ACT) WHICH IS MEANT TO REVITALIZE THE STATE'S ECONOMY.
THE  GENERAL HEALTH AND WELFARE OF EACH CITIZEN OF THE STATE IS ENHANCED
AND PROMOTED BY HAVING A VIBRANT AND ROBUST ECONOMY.
  IT IS FURTHER DECLARED THAT THE RECOVERY ACT INTENDED TO:
  (A) PRESERVE AND CREATE JOBS AND PROMOTE ECONOMIC RECOVERY;
  (B) ASSIST THOSE MOST IMPACTED BY THE RECESSION;
  (C) PROVIDE INVESTMENTS NEEDED  TO  INCREASE  ECONOMIC  EFFICIENCY  BY
SPURRING TECHNOLOGICAL ADVANCES IN SCIENCE AND HEALTH;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14317-01-9

S. 5879                             2

  (D)  INVEST  IN  TRANSPORTATION,  ENVIRONMENTAL  PROTECTION, AND OTHER
INFRASTRUCTURE THAT WILL PROVIDE LONG-TERM ECONOMIC BENEFITS; AND
  (E) STABILIZE STATE AND LOCAL GOVERNMENT BUDGETS, IN ORDER TO MINIMIZE
AND  AVOID  REDUCTIONS IN ESSENTIAL SERVICES AND COUNTERPRODUCTIVE STATE
AND LOCAL TAX INCREASES.
  2. IT IS FURTHER DECLARED THAT THE GOVERNOR OF THIS  GREAT  STATE  HAS
DONE  AN  EXCEPTIONAL  JOB SECURING BILLIONS OF DOLLARS IN FUNDING UNDER
THE RECOVERY ACT, AND THE GOVERNOR SHOULD HAVE ALL THE ASSISTANCE POSSI-
BLE TO ENSURE THAT FEDERAL STIMULUS MONEY IS BEING DISBURSED  IN  A  WAY
THAT  WILL  INVIGORATE  THE  STATE'S  ECONOMY, PRESERVE AND CREATE JOBS,
FURTHER THE WELL-BEING OF ALL OF NEW YORK'S COMMUNITIES  AND  HOUSEHOLDS
AND  SEEK  THOSE OTHER INTENTIONS LAID OUT BY THE UNITED STATES CONGRESS
IN THE RECOVERY ACT AND SIGNED BY PRESIDENT BARACK OBAMA.
  S 130-A. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "COMMISSION"  MEANS  THE  COMMISSION ON NOMINATION FOR THE FEDERAL
STIMULUS OMBUDSMAN.
  2. "CANDIDATE" MEANS A PERSON WHO IS DULY  QUALIFIED  TO  ACT  IN  THE
CAPACITY AS THE FEDERAL STIMULUS OMBUDSMAN AND (A) WHO HAS REQUESTED THE
COMMISSION  TO  CONSIDER  HIS QUALIFICATIONS TO HOLD SUCH OFFICE; OR (B)
WHO HAS BEEN RECOMMENDED FOR CONSIDERATION BY THE COMMISSION BY  ANOTHER
PERSON;  OR (C) WHO HAS AGREED TO BE CONSIDERED BY THE COMMISSION AT THE
COMMISSION'S REQUEST.
  3. "OMBUDSMAN" MEANS THE HEAD OF THE OFFICE OF  THE  FEDERAL  STIMULUS
OMBUDSMAN AS PROVIDED IN SECTION ONE HUNDRED THIRTY-D OF THIS ARTICLE.
  4.  "RECOVERY  ACT"  SHALL MEAN THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 SIGNED BY PRESIDENT BARACK OBAMA IN  FEBRUARY  TWO  THOUSAND
NINE  AND  ANY  SUBSEQUENT  REAPPROPRIATIONS,  REALLOCATIONS, REAUTHORI-
ZATIONS, EXTENSIONS OR ADDITIONS TO  SUCH  FUNDING  THAT  THE  OMBUDSMAN
DETERMINES  ARE  INTENDED  TO  CONTINUE  OR  FURTHER THE PURPOSES OF THE
RECOVERY ACT.
  5. "AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVISION,
OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE, OR A PUBLIC  BENEFIT
CORPORATION  OR  PUBLIC  AUTHORITY  AT  LEAST  ONE  OF  WHOSE MEMBERS IS
APPOINTED BY THE GOVERNOR, BUT SHALL NOT INCLUDE THE GOVERNOR,  AGENCIES
IN  THE LEGISLATIVE AND JUDICIAL BRANCHES, OR AGENCIES CREATED BY INTER-
STATE COMPACT OR INTERNATIONAL AGREEMENT.
  S 130-B. COMMISSION ON NOMINATION FOR THE FEDERAL STIMULUS  OMBUDSMAN.
1.  THERE  IS  HEREBY  ESTABLISHED A STATE COMMISSION TO BE KNOWN AS THE
COMMISSION ON NOMINATION FOR THE FEDERAL STIMULUS OMBUDSMAN. THE COMMIS-
SION SHALL CONSIST OF NINE MEMBERS THREE OF WHOM SHALL BE  APPOINTED  BY
THE  GOVERNOR,  ONE BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE BY THE
MINORITY LEADER OF THE SENATE, ONE BY THE SPEAKER OF THE  ASSEMBLY,  ONE
BY THE MINORITY LEADER OF THE ASSEMBLY, ONE BY THE NEW YORK STATE ATTOR-
NEY  GENERAL  AND  ONE  BY  THE NEW YORK STATE COMPTROLLER. OF THE THREE
MEMBERS APPOINTED BY THE GOVERNOR, NO MORE THAN TWO SHALL BELONG TO  THE
SAME POLITICAL PARTY AND NO MEMBERS SHALL BE PUBLIC OFFICERS OR HOLD ANY
PUBLIC  OFFICE, ELECTED OR APPOINTED. NO MEMBER SHALL BE A MEMBER OF THE
LEGISLATURE, A CANDIDATE FOR MEMBERSHIP TO THE LEGISLATURE, A  POLITICAL
PARTY CHAIRMAN AS DEFINED IN PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION
SEVENTY-THREE  OF  THE  PUBLIC OFFICERS LAW, OR A LOBBYIST AS DEFINED IN
SUBDIVISION (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
  2. EACH APPOINTING OFFICER SHALL APPOINT A MEMBER  TO  THE  COMMISSION
WITHIN  THIRTY  DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND NINE WHICH ADDED THIS SECTION.

S. 5879                             3

  3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
OR ELECTION OF ANY MEMBER TO AN OFFICE THAT  WOULD  DISQUALIFY  HIM  FOR
APPOINTMENT TO THE COMMISSION.
  4.  A VACANCY OCCURRING FOR ANY REASON SHALL BE FILLED BY THE APPOINT-
ING OFFICER FOR THE REMAINDER OF THE UNEXPIRED TERM.
  5. MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR THEIR  REASONABLE
EXPENSES  INCURRED  IN  PERFORMANCE  OF  THEIR DUTIES AS A MEMBER OF THE
COMMISSION.
  S 130-C. RESPONSIBILITIES AND DUTIES OF THE COMMISSION. THE COMMISSION
SHALL:
  1.  CONSIDER AND EVALUATE THE QUALIFICATIONS FOR  APPOINTMENT  TO  THE
OFFICE  OF  THE  FEDERAL  STIMULUS OMBUDSMAN, AND SHALL RECOMMEND TO THE
GOVERNOR PERSONS WHO BY THEIR CHARACTER, TEMPERAMENT, PROFESSIONAL APTI-
TUDE AND EXPERIENCE ARE WELL QUALIFIED TO HOLD SUCH AN OFFICE.
  2. CONDUCT INVESTIGATIONS, ADMINISTER OATHS OR AFFIRMATIONS,  SUBPOENA
WITNESSES AND COMPEL THEIR ATTENDANCE, EXAMINE THEM UNDER OATH OR AFFIR-
MATION  AND  REQUIRE  THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS OR
OTHER EVIDENCE THAT IT MAY DEEM RELEVANT OR MATERIAL TO  ITS  EVALUATION
OF CANDIDATES.
  3.  REQUIRE THE APPEARANCE OF ANY CANDIDATE TO COME BEFORE THE COMMIS-
SION PRIOR TO RECOMMENDING SAID PERSON TO THE GOVERNOR.
  4. TRANSMIT ITS RECOMMENDATIONS TO THE GOVERNOR IN  A  SINGLE  WRITTEN
REPORT  WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC BY THE COMMISSION AT
THE TIME IT IS SUBMITTED TO THE GOVERNOR. THE REPORT SHALL BE SIGNED  BY
ALL  MEMBERS OF THE COMMISSION, AND SHALL INCLUDE THE COMMISSION'S FIND-
INGS RELATING TO  THE  CHARACTER,  TEMPERAMENT,  PROFESSIONAL  APTITUDE,
EXPERIENCE,  QUALIFICATIONS AND FITNESS FOR OFFICE OF EACH CANDIDATE WHO
IS RECOMMENDED TO THE GOVERNOR.
  5. NOT RECOMMEND A PERSON TO THE GOVERNOR WHO HAS NOT CONSENTED TO  BE
A  CANDIDATE, WHO HAS NOT BEEN PERSONALLY INTERVIEWED BY A QUORUM OF THE
MEMBERSHIP OF THE COMMISSION, AND WHO HAS NOT FILED A  FINANCIAL  STATE-
MENT  WITH THE COMMISSION, ON A FORM TO BE PRESCRIBED BY THE COMMISSION.
THE FINANCIAL STATEMENT SHALL  CONSIST  OF  A  SWORN  STATEMENT  OF  THE
PERSON'S  ASSETS, LIABILITIES AND SOURCES OF INCOME, AND ANY OTHER RELE-
VANT FINANCIAL INFORMATION WHICH THE COMMISSION MAY REQUIRE. THE COMMIS-
SION SHALL TRANSMIT TO THE GOVERNOR THE  FINANCIAL  STATEMENT  FILED  BY
EACH PERSON WHO IS RECOMMENDED. THE GOVERNOR SHALL MAKE AVAILABLE TO THE
PUBLIC  THE  FINANCIAL STATEMENT FILED BY THE PERSON WHO IS APPOINTED TO
FILL A VACANCY. THE FINANCIAL  STATEMENT  FILED  BY  ALL  OTHER  PERSONS
RECOMMENDED  TO  THE GOVERNOR, BUT NOT APPOINTED BY HIM, SHALL BE CONFI-
DENTIAL.
  6. IN RECOGNITION OF THE  UNIQUE  RESPONSIBILITIES  OF  THE  OMBUDSMAN
RECOMMEND  TO  THE  GOVERNOR  THREE  PERSONS. EACH RECOMMENDATION OF THE
COMMISSION SHALL REQUIRE THE CONCURRENCE OF SEVEN MEMBERS OF THE COMMIS-
SION; PROVIDED, HOWEVER, THAT IF SEVEN OR MORE MEMBERS OF THE COMMISSION
CONCUR ON FEWER THAN THREE RECOMMENDATIONS, THE REMAINDER SHALL  REQUIRE
THE CONCURRENCE OF SIX MEMBERS OF THE COMMISSION. IF SIX OR MORE MEMBERS
CONCUR  ON FEWER THAN THREE RECOMMENDATIONS, THE REMAINDER SHALL REQUIRE
THE CONCURRENCE OF FIVE MEMBERS OF THE COMMISSION.
  7. THE NOMINATIONS BY THE COMMISSION SHALL TAKE PLACE NOT  LATER  THAN
FORTY  DAYS  FROM  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND NINE WHICH ADDED THIS  SECTION,  AND  THE  APPOINTMENT  BY  THE
GOVERNOR SHALL TAKE PLACE NOT LATER THAN TWENTY DAYS AFTER RECEIVING THE
NOMINATIONS FROM THE COMMISSION.
  S  130-D.  FEDERAL  STIMULUS OMBUDSMAN. 1. THERE IS HEREBY ESTABLISHED
THE OFFICE OF THE FEDERAL STIMULUS OMBUDSMAN.

S. 5879                             4

  2. THE HEAD OF THE OFFICE OF THE FEDERAL STIMULUS OMBUDSMAN  SHALL  BE
KNOWN  AS  THE "OMBUDSMAN," AND SHALL BE APPOINTED BY THE GOVERNOR, WITH
THE PROCEDURES SET FORTH FOR THE NOMINATING COMMISSION.
  3.  THE OMBUDSMAN MAY APPOINT SUCH DEPUTIES, DIRECTORS, ASSISTANTS AND
OTHER OFFICERS AND EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF HIS
DUTIES AND MAY PRESCRIBE THEIR POWERS AND DUTIES AND FIX  THEIR  COMPEN-
SATION WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
  4. THE PRINCIPAL OFFICE SHALL BE IN THE COUNTY OF ALBANY IN A LOCATION
AS ESTABLISHED BY THE GOVERNOR.
  5.  THE  OMBUDSMAN  SHALL  RECEIVE  AN ANNUAL SALARY NOT TO EXCEED ONE
HUNDRED TWENTY-FIVE THOUSAND DOLLARS.
  6.  THE  OMBUDSMAN'S  TERM  OF  SERVICE  SHALL   EXPIRE   ON   JANUARY
THIRTY-FIRST,  TWO THOUSAND THIRTEEN, SUBJECT TO REMOVAL BY THE GOVERNOR
FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS MISCONDUCT IN  OFFICE,  INABILITY
TO  DISCHARGE  THE  POWERS  OR  DUTIES  OF  OFFICE  OR VIOLATION OF THIS
SECTION, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY.
  7. THE OFFICE OF THE FEDERAL  STIMULUS  OMBUDSMAN  SHALL  EXIST  UNTIL
JANUARY  THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN AT WHICH TIME THE OFFICE
SHALL CLOSE UNLESS EXTENDED BY THE LEGISLATURE.
  8. THERE SHALL BE AN INTERACTIVE WEBSITE ESTABLISHED BY THE OMBUDSMAN.
THE WEBSITE SHALL CONTAIN INFORMATION SUPPORTING THE REPORTS RELEASED BY
THE OMBUDSMAN REVIEWING EACH AGENCY.  THE  OFFICE  OF  TECHNOLOGY  SHALL
PROVIDE NECESSARY ASSISTANCE TO ENSURE THAT SUCH WEBSITE BE CREATED.
  9.  THE  BUDGET FOR THE OFFICE OF THE FEDERAL STIMULUS OMBUDSMAN SHALL
BE MAINTAINED THROUGH A PORTION OF THE FUNDS AVAILABLE UNDER THE  RECOV-
ERY ACT.
  S  130-E.  GENERAL  FUNCTIONS,  POWERS AND DUTIES OF THE OFFICE OF THE
FEDERAL STIMULUS OMBUDSMAN. UNDER THIS SECTION, THE OFFICE OF THE FEDER-
AL STIMULUS OMBUDSMAN SHALL HAVE THE POWER:
  1. TO COORDINATE AND DEVELOP POLICIES, PLANNING AND  PROGRAMS  RELATED
TO  ALL  FUNDING  ALLOCATED  OR  MADE AVAILABLE TO THE STATE OF NEW YORK
UNDER THE RECOVERY ACT  AND  ANY  SUBSEQUENT  REAPPROPRIATIONS,  REALLO-
CATIONS,  REAUTHORIZATIONS, EXTENSIONS OR ADDITIONS TO SUCH FUNDING THAT
THE OMBUDSMAN  DETERMINES  ARE  INTENDED  TO  CONTINUE  OR  FURTHER  THE
PURPOSES OF THE RECOVERY ACT.
  2.  TO  REVIEW AND MONITOR THE PLANS AND PROGRAMS THAT WILL BE USED BY
THE STATE TO DISBURSE OR DISTRIBUTE FUNDING UNDER THE RECOVERY  ACT  AND
ANY SUBSEQUENT REAPPROPRIATIONS, REALLOCATIONS, REAUTHORIZATIONS, EXTEN-
SIONS  OR  ADDITIONS  TO  SUCH FUNDING THAT THE OMBUDSMAN DETERMINES ARE
INTENDED TO CONTINUE OR FURTHER THE PURPOSES OF THE RECOVERY ACT.
  3. TO ESTABLISH STANDARDS AND PERFORMANCE MEASURES TO BE USED  BY  THE
OMBUDSMAN  IN  THE  EVALUATION  OF  FUNDING DECISIONS AND OUTCOMES. SUCH
STANDARDS AND PERFORMANCE MEASURES SHALL NOT BE DEEMED TO BE  RULES  AND
SHALL  NOT  BE  SUBJECT  TO  THE  STATE  ADMINISTRATIVE  PROCEDURE  ACT;
PROVIDED, HOWEVER, THAT PRIOR TO ESTABLISHING OR AMENDING  ANY  STANDARD
OR  PERFORMANCE  MEASURE, THE OMBUDSMAN SHALL PUBLISH A DRAFT VERSION IN
THE STATE REGISTER AND ON THE WEBSITE PROVIDED FOR IN SUBDIVISION  EIGHT
OF SECTION ONE HUNDRED THIRTY-D OF THIS ARTICLE AND SHALL SOLICIT PUBLIC
COMMENT  THEREON  FOR A PERIOD OF NOT LESS THAN THIRTY DAYS. SUCH STAND-
ARDS AND PERFORMANCE MEASURES SHALL SEEK TO ENSURE THAT FEDERAL  FUNDING
UNDER  THE RECOVERY ACT IS BEING USED TO FURTHER THE GOALS OF THE RECOV-
ERY ACT AS WELL AS THOSE SET FORTH IN SECTION ONE HUNDRED THIRTY OF THIS
ARTICLE. PERFORMANCE MEASURES UNDER THIS SECTION SHALL INCLUDE, BUT  NOT
BE  LIMITED  TO, EVALUATING IF FUNDING MADE AVAILABLE UNDER THE RECOVERY
ACT HAS BEEN INVESTED EFFECTIVELY:

S. 5879                             5

  (A) TO PRESERVE AND CREATE JOBS AND PROMOTE ECONOMIC RECOVERY, AND THE
QUALITY OF THOSE JOBS, THE SEGMENTS OF  THE  NEW  YORK  POPULATION  THAT
RECEIVED  THOSE  JOBS, THE BENEFITS OFFERED IN CONJUNCTION WITH THE JOBS
AND OTHER ECONOMIC INDICATORS;
  (B) TO ASSIST THOSE MOST IMPACTED BY THE RECESSION;
  (C)  TO  PROVIDE INVESTMENTS NEEDED TO INCREASE ECONOMIC EFFICIENCY BY
SPURRING TECHNOLOGICAL ADVANCES IN SCIENCE AND HEALTH;
  (D) TO INVEST IN TRANSPORTATION, ENVIRONMENTAL PROTECTION,  AND  OTHER
INFRASTRUCTURE  THAT  WILL  PROVIDE  LONG-TERM  ECONOMIC BENEFITS AND IF
EARLY INDICATIONS OF SUCH LONG-TERM GROWTH ARE APPARENT; AND
  (E) TO STABILIZE STATE AND LOCAL GOVERNMENT BUDGETS, IN ORDER TO MINI-
MIZE AND AVOID REDUCTIONS IN ESSENTIAL  SERVICES  AND  COUNTERPRODUCTIVE
STATE AND LOCAL TAX INCREASES.
  4.  TO  REQUEST  AND RECEIVE FROM ANY AGENCY INFORMATION AND RESOURCES
NECESSARY TO CARRY OUT THE RESPONSIBILITIES AND PROVISIONS SET FORTH  IN
THIS ARTICLE.
  5. TO ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, PARTNERSHIP, LIMITED
LIABILITY  COMPANY,  CORPORATION, NOT-FOR-PROFIT CORPORATION, OR GOVERN-
MENTAL ENTITY.
  6. TO USE MONIES MADE AVAILABLE TO IT FROM ANY SOURCE, AND TO  ACCEPT,
AS  AGENT  OF  THE  STATE,  ANY  GIFT, GRANT, DEVISE OR BEQUEST, WHETHER
CONDITIONAL OR UNCONDITIONAL, INCLUDING FEDERAL GRANTS, FOR THE  PURPOSE
OF IMPLEMENTING THE PROVISIONS OF THIS ARTICLE.
  7.  TO  CONDUCT  INVESTIGATIONS,  ADMINISTER  OATHS  OR  AFFIRMATIONS,
SUBPOENA WITNESSES AND COMPEL THEIR ATTENDANCE, EXAMINE THEM UNDER  OATH
OR  AFFIRMATION  AND REQUIRE THE PRODUCTION OF ANY BOOKS, RECORDS, DOCU-
MENTS OR OTHER EVIDENCE THAT IT MAY DEEM RELEVANT  OR  MATERIAL  TO  ITS
EVALUATION OF PERFORMANCE MEASURES.
  8.  TO  DETERMINE  WHETHER  ADDITIONAL  LEGISLATION  OR PROCEDURES ARE
NECESSARY OR WOULD BE BENEFICIAL  TO  EFFECTIVELY  DISBURSE  FUNDS  MADE
AVAILABLE  TO  NEW YORK STATE UNDER THE RECOVERY ACT IN ORDER TO FURTHER
THE GOALS OF THIS SECTION.
  9. TO REVIEW ACCOUNTABILITY MEASURES AND MAKE ANY SUCH RECOMMENDATIONS
AS MAY BE NECESSARY TO THE GOVERNOR AND THE STATE LEGISLATURE  IN  ORDER
TO  SUPPORT  THE  GOALS  OF THE RECOVERY ACT AND TO FURTHER THE GOALS OF
THIS SECTION.
  10. TO CONDUCT REVIEWS OF ALL STATE AGENCIES RECEIVING FEDERAL  STIMU-
LUS  FUNDING IN ORDER TO UTILIZE THE PERFORMANCE MEASURES. THE OMBUDSMAN
SHALL ISSUE A REPORT OF EACH STATE AGENCY RECEIVING  SUCH  FUNDS  ON  AN
ANNUAL  BASIS AND MAKE THOSE REVIEWS PUBLICLY AVAILABLE ON THE INTERNET,
AS WELL AS TO THE GOVERNOR, THE STATE LEGISLATURE, THE  COMPTROLLER  AND
THE  ATTORNEY  GENERAL. THE REPORT SHALL DETAIL THE EFFECTIVENESS OF THE
AGENCY'S INVESTMENTS MADE POSSIBLE BY  THE  RECOVERY  ACT.  EACH  AGENCY
SHALL  HAVE AN OPPORTUNITY TO REVIEW THE OMBUDSMAN'S REPORT BEFORE IT IS
RELEASED AND PROVIDE A RESPONSE IN WRITING TO  SAID  DRAFT.    ANY  SUCH
WRITTEN RESPONSE PROVIDED BY AN AGENCY SHALL BE INCLUDED, IN ITS ENTIRE-
TY, IN THE OMBUDSMAN'S REPORT.
  11.  TO  ADVISE THE GOVERNOR, THE LEGISLATURE AND AGENCIES ON OPPORTU-
NITIES TO IMPROVE THE EFFECTIVENESS  OF  DISBURSEMENT  OF  RECOVERY  ACT
FUNDS.
  12.  TO  REFER  ALL INSTANCES OF WASTE, FRAUD, AND ABUSE DISCOVERED BY
THE OMBUDSMAN TO THE OFFICE OF THE NEW YORK STATE  ATTORNEY  GENERAL  OR
OTHER APPROPRIATE LAW ENFORCEMENT BODIES.
  13.  TO  EXAMINE OTHER SPENDING PROGRAMS, INCLUDING BUT NOT LIMITED TO
OTHER AGENCY PROGRAMS AND LOCAL GOVERNMENT ALLOCATIONS OF  RECOVERY  ACT

S. 5879                             6

FUNDING,  THAT  MAY DUPLICATE, OVERLAP OR CONFLICT WITH AGENCY DISBURSE-
MENTS OF RECOVERY ACT FUNDS.
  14.  TO  PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE
TO FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE OF THE  FEDERAL
STIMULUS OMBUDSMAN.
  S 130-F. AGENCY REQUIREMENT. 1. EVERY AGENCY RECEIVING FUNDS UNDER THE
RECOVERY  ACT  AND SUBSEQUENT FEDERAL FUNDING WHICH THE OMBUDSMAN DETER-
MINES TO BE OF SUBSTANTIALLY EQUIVALENT INTENT BY THE CONGRESS SHALL:
  (A) PROVIDE, UPON REQUEST, TO THE OMBUDSMAN  ALL  REPORTS,  DOCUMENTS,
BUDGETS,  PROPOSED POLICIES, DATA, ESTIMATES, STATISTICS AND OTHER DOCU-
MENTS AND MATERIALS  RELATING  TO  THE  DISBURSEMENT,  DISTRIBUTION  AND
EXPENDITURE  OF  FUNDS  RECEIVED  UNDER  THE RECOVERY ACT AND SUBSEQUENT
FEDERAL FUNDING WHICH THE OMBUDSMAN DETERMINES TO  BE  OF  SUBSTANTIALLY
EQUIVALENT INTENT BY THE CONGRESS;
  (B)  NOTIFY THE OMBUDSMAN, UPON REQUEST, OF THE TRANSFER OF FUNDS FROM
ONE FUND OR ACCOUNT TO ANOTHER;
  (C) PROVIDE THE OMBUDSMAN, UPON  REQUEST,  WITH  DETAILED  INFORMATION
ABOUT  THE  PROGRAMS,  PLANS  OR  MECHANISMS  IT WILL USE TO DISBURSE OR
DISTRIBUTE FUNDS RECEIVED, INCLUDING ANY QUALITATIVE OR OVERSIGHT  MECH-
ANISMS;
  (D)  INFORM,  UPON REQUEST, THE OMBUDSMAN OF STANDARDS AND PERFORMANCE
MEASURES PROPOSED TO BE INCLUDED, OR WHICH HAVE BEEN INCLUDED, IN APPRO-
PRIATIONS, CONTRACTS, PROGRAMS, PLANS  AND  MECHANISMS  TO  DISBURSE  OR
DISTRIBUTE FUNDS RECEIVED; AND
  (E)  INFORM  THE  OMBUDSMAN, UPON REQUEST, OF THE HIRING OF ADDITIONAL
PERSONNEL TO IMPLEMENT PROGRAMS FUNDED UNDER THE RECOVERY ACT.
  2. AT A MINIMUM, THE OMBUDSMAN SHALL REQUEST FROM THE FOLLOWING  AGEN-
CIES  ALL  INFORMATION  SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION, AND SUCH INFORMATION AS SPECIFIED IN PARAGRAPHS (B),  (C),
(D),  AND  (E) OF SUBDIVISION ONE OF THIS SECTION AS THE OMBUDSMAN DEEMS
APPROPRIATE, AND SHALL BE PROVIDED WITH ALL SUCH INFORMATION IN A TIMELY
MANNER BY:
  (A) THE DEPARTMENT OF TRANSPORTATION;
  (B) THE DEPARTMENT OF HEALTH;
  (C) THE STATE EDUCATION DEPARTMENT;
  (D) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE;
  (E) THE OFFICE OF CHILDREN AND FAMILY SERVICES;
  (F) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL;
  (G) THE DEPARTMENT OF ECONOMIC DEVELOPMENT;
  (H) THE EMPIRE STATE DEVELOPMENT CORPORATION;
  (I) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
  (J) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; AND
  (K) THE NEW YORK POWER AUTHORITY.
  S 2. This act shall take effect immediately.

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Senate Bill S5879

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2009-S5879 (ACTIVE) - Details

2009-S5879 (ACTIVE) - Summary

2009-S5879 (ACTIVE) - Sponsor Memo

2009-S5879 (ACTIVE) - Bill Text download pdf

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Senate Bill S5879

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Finance Committee

2009-S5879 (ACTIVE) - Details

2009-S5879 (ACTIVE) - Summary

2009-S5879 (ACTIVE) - Sponsor Memo

2009-S5879 (ACTIVE) - Bill Text download pdf

Comments