S T A T E O F N E W Y O R K
________________________________________________________________________
3853--A
2011-2012 Regular Sessions
I N S E N A T E
March 7, 2011
___________
Introduced by Sens. OPPENHEIMER, KRUEGER -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations and Government Operations -- recommitted to the Committee on
Investigations and Government Operations in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 THIRTEEN--TWO THOUSAND FOURTEEN
STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER, COMMENCING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06040-02-2
S. 3853--A 2
WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN
AND ENDING JUNE THIRTIETH, TWO THOUSAND FOURTEEN, THE SECRETARY OF THE
SENATE AND THE CLERK OF THE ASSEMBLY SHALL SUBMIT TO THE TEMPORARY PRES-
IDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY 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
SECRETARY 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 THIRTEEN--TWO THOUSAND FOURTEEN 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 THIRTEEN--TWO THOUSAND FOURTEEN
STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING
WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN
AND ENDING JUNE THIRTIETH, TWO THOUSAND FOURTEEN, 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 INDIVIDUAL UNDER HIS OR HER AUTHORITY FOR WHOM HE OR SHE HAS THE
POWER TO SO CERTIFY, WHO HAS BEEN PAID FOR SERVICES RENDERED FROM APPRO-
PRIATIONS 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.
S. 3853--A 3
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
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 THIRTEEN--TWO THOUSAND FOURTEEN
STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING
WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN
AND ENDING JUNE THIRTIETH, TWO THOUSAND FOURTEEN, 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 APPROPRI-
ATIONS OF SUCH GOVERNMENTAL 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 ENTITY FOR SERVICES RENDERED OR ARTICLES
FURNISHED TO ANOTHER ENTITY.
3. COMMENCING WITH THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
STATE FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING
WITH THE QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN
AND ENDING JUNE THIRTIETH, TWO THOUSAND FOURTEEN, EACH GOVERNMENTAL
ENTITY SHALL ISSUE A REPORT TO THE STATE COMPTROLLER CONTAINING A
DETAILED STATEMENT ITEMIZING THE NAME AND WORK LOCATION OF EACH INDIVID-
UAL 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 THIRTEEN--TWO THOUSAND FOURTEEN STATE
FISCAL YEAR AND FOR EACH QUARTERLY PERIOD THEREAFTER COMMENCING WITH THE
S. 3853--A 4
QUARTERLY PERIOD BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND ENDING
JUNE THIRTIETH, TWO THOUSAND FOURTEEN, 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 STATEMENT 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 THIRTEEN--TWO THOUSAND FOURTEEN 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.
S. 3853--A 5
2. COMMENCING WITH THE QUARTERLY PERIOD BEGINNING JULY FIRST, TWO
THOUSAND FOURTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND FOURTEEN,
AND FOR EACH QUARTERLY PERIOD THEREAFTER, EVERY STATE OFFICER OR EMPLOY-
EE 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-
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.