Senate Bill S50

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

                                   50

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law and the state  finance  law,  in
  relation  to public disclosure of memoranda of understanding regarding
  certain line item appropriations in the state budget

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

  Section  1.  Paragraphs  (i) and (j) of subdivision 2 of section 88 of
the public officers law, paragraph (i) as added by chapter  933  of  the
laws  of  1977  and as relettered by chapter 813 of the laws of 1987 and
paragraph (j) as added by chapter 510 of the laws of 1999,  are  amended
and a new paragraph (k) is added to read as follows:
  (i)  any  other files, records, papers or documents required by law to
be made available for public inspection and copying[.];
  (j) external audits conducted pursuant to section  ninety-two  of  the
legislative  law  and  schedules  issued  pursuant to subdivision two of
section ninety of the legislative law[.]; AND
  (K) NOTWITHSTANDING ANY ORDER, RULE OR RESOLUTION TO THE CONTRARY, ANY
MEMORANDA OF UNDERSTANDING BETWEEN THE  EXECUTIVE  AND  THE  LEGISLATURE
REGARDING LUMP SUM APPROPRIATION LISTED AS LINE ITEMS IN THE STATE BUDG-
ET.    SUCH  MEMORANDA  OF UNDERSTANDING, OR ANY SEGREGATION OF LUMP SUM
APPROPRIATION, BETWEEN THE LEGISLATIVE LEADERS AND/OR THE GOVERNOR SHALL
SPECIFY THE PROGRAM OR PROJECT BEING FUNDED, THE SELECTION CRITERIA, THE
PARTIES INVOLVED IN THE SELECTION PROCESS AND THE DOLLAR AMOUNT  OF  THE
APPROPRIATION.
  S  2.  The  state finance law is amended by adding a new section 28 to
read as follows:
  S 28. BUDGETED FUNDS FOR UNSPECIFIED CAPITAL  PROJECTS  AND  OPERATING
GRANTS.  1.  ANY  SINGLE  GRANT  PROVIDED TO ANY RECIPIENT PURSUANT TO A

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

                                                           LBD00171-01-1

S. 50                               2

MEMORANDA OF UNDERSTANDING OR ANY SEGREGATION OF LUMP SUM  APPROPRIATION
GREATER  THAN  TWO  HUNDRED  FIFTY THOUSAND DOLLARS MADE FROM A LUMP SUM
APPROPRIATION FOR UNSPECIFIED  CAPITAL  PROJECTS  AND  OPERATING  GRANTS
RESULTING  FROM  THE  STATE BUDGET PROCESS BETWEEN THE EXECUTIVE AND THE
LEGISLATURE, SHALL BE SUBSEQUENTLY SUBMITTED  BY  THE  GOVERNOR  TO  THE
LEGISLATURE FOR PASSAGE AND APPROVAL, PRIOR TO THE RELEASE OF SUCH FUNDS
TO THE APPROPRIATE STATE AGENCY.
  2.  ANY SINGLE GRANT PROVIDED TO ANY RECIPIENT PURSUANT TO A MEMORANDA
OF UNDERSTANDING OR ANY SEGREGATION OF LUMP SUM APPROPRIATION LESS  THAN
TWO HUNDRED FIFTY THOUSAND DOLLARS RESULTING FROM THE STATE BUDGET PROC-
ESS  BETWEEN THE EXECUTIVE AND THE LEGISLATURE THAT DOES NOT SPECIFY THE
PROGRAM OR PROJECT BEING FUNDED, THE  SELECTION  CRITERIA,  THE  PARTIES
INVOLVED IN THE SELECTION PROCESS AND THE DOLLAR AMOUNT OF THE APPROPRI-
ATION,  MUST  POST THIS INFORMATION ON THE SENATE AND ASSEMBLY WEB SITES
NOT LESS THAN THIRTY DAYS PRIOR TO THE  SUBMISSION  TO  THE  APPROPRIATE
STATE AGENCY.
  S 3. This act shall take effect immediately.