senate Bill S6356A

2011-2012 Legislative Session

Relates to requiring reports by state agencies relating to certain grants and expenditures made to community based organizations

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 18, 2012 amended on third reading 6356a
vote reconsidered - restored to third reading
Jun 15, 2012 returned to senate
recalled from assembly
Jun 12, 2012 referred to governmental operations
delivered to assembly
passed senate
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1063
Feb 01, 2012 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S6356 - Bill Details

See Assembly Version of this Bill:
A10133A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §164, Exec L; amd §14, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A10133A

S6356 - Bill Texts

view summary

Requires reports by state agencies relating to certain grants and expenditures made to community based organizations; requires listing by zip code of such grants.

view sponsor memo
BILL NUMBER:S6356

TITLE OF BILL:
An act
to amend the executive law and the state finance law, in relation to
requiring reports by state agencies relating to certain grants and
expenditures made to community based organizations

PURPOSE:
To require an annual report from each department or the statewide
financial system managed by the division of the budget that relates
to the distribution of funds and grants to community-based
organizations that would create greater transparency and
accountability by the department.

SUMMARY OF PROVISIONS:
Amends Section 164 of the executive law and Section 14 of the state
finance law to require that each department, including the executive
department, or the Statewide Financial System (SFS) managed by the
division of the budget will be required to submit a report to the
legislature by March first of each year. This report will relate to
the distribution of funds end grants to community based organizations
by or through the department. The report will provide a listing of
recipients, organized by zip code, of grants, awards or funds
appropriated for services end programs that are made to organizations
which provide services on a local basis.
Additionally, the report must be made available on the SFS in a manner
easily accessible to the public.

JUSTIFICATION:
This legislation would create transparency in departmental spending by
providing citizens knowledge of how the government is spending state
dollars and where the money is going. The additional report that each
department or the SFS is required to submit would allow citizens to
track the allocation of funds to community based organization to
determine the localities throughout the state receiving the funds and
the type of services and programs being supported.

Concerns raised by Governor Cuomo in his veto of Senate Bill 372 in
2011 are addressed in this new version of the bill by allowing the
reports to be made by the Statewide Financial System (SFS), which is
a single financial accounting record and central transaction
processing system managed by the Division of Budget. By requiring
that SFS make these reports available on their website, the public
will have easy access to this vital information.

LEGISLATIVE HISTORY:
Introduced in 2010 as S.372-A/A.7993-A; Passed both houses in 2011;
Vetoed by the Governor Cuomo on September 23, 2011 (Veto #68).

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6356

                            I N  S E N A T E

                            February 1, 2012
                               ___________

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

AN ACT to amend the executive law and the state finance law, in relation
  to requiring reports by state agencies relating to certain grants  and
  expenditures made to community based organizations

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

  Section 1. Section 164 of the executive law, as amended by chapter 833
of the laws of 1965, is amended to read as follows:
  S 164. Reports by and to the department.   1. Each  department,  other
than the executive department, shall make an annual report to the gover-
nor  and  legislature  on  or  before  the fifteenth day of May, for the
preceding calendar year. It shall contain  such  information  concerning
the department and its several divisions, bureaus, offices, agencies and
institutions,  and  their  activities  and affairs, and such recommenda-
tions, as the head of the department shall deem necessary or proper, and
any matters required by express provision of law to be included in  such
report.  A  department also shall make such other and special reports as
the governor or either house of the legislature may require.  From  time
to time, the head of a department may require from any board, commission
or  other  body  in  the  department  or from any subordinate officer or
employee, division or bureau of the department, or from any  institution
subject  to the supervision of the department, or from any agency of the
department, such reports or information as such head may deem necessary.
Unless expressly authorized by the head of the department,  there  shall
be  hereafter  no  separate report, annual or otherwise, directly to the
legislature or governor by any such board,  commission,  body,  officer,
division,  bureau,  institution  or  agency notwithstanding any existing
provision of law authorizing or requiring such report.
  2. IN ADDITION TO THE ANNUAL REPORT REQUIRED  BY  THIS  SECTION,  EACH
DEPARTMENT,  INCLUDING THE EXECUTIVE DEPARTMENT, OR THE STATEWIDE FINAN-
CIAL SYSTEM MANAGED BY THE DIVISION OF THE BUDGET SHALL  MAKE  AN  ADDI-
TIONAL REPORT TO THE LEGISLATURE BY MARCH FIRST OF EACH YEAR RELATING TO
DISTRIBUTION  OF FUNDS AND GRANTS TO COMMUNITY BASED ORGANIZATIONS BY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02382-04-2

S. 6356                             2

THROUGH SUCH DEPARTMENT.  INFORMATION RELATING TO  THE  DISTRIBUTION  OF
FUNDS  AND  GRANTS  SHALL  ALSO BE AVAILABLE ON THE  STATEWIDE FINANCIAL
SYSTEM WEBSITE IN A MANNER WHICH IS CLEAR AND ACCESSIBLE TO THE  PUBLIC.
SUCH  REPORT  SHALL  PROVIDE  A  LISTING  OF RECIPIENTS, BY ZIP CODE, OF
GRANTS, AWARDS OR FUNDS APPROPRIATED FOR SERVICES AND PROGRAMS WHICH ARE
MADE TO ORGANIZATIONS WHICH PROVIDE SERVICES ON A LOCAL  BASIS  PURSUANT
TO PROGRAMS ESTABLISHED BY LAW.
  S  2.  Section  14  of the state finance law, the closing paragraph as
further amended by section 104 of part A of chapter 62 of  the  laws  of
2011, is amended to read as follows:
  S 14. Departmental statements. 1. In addition to the annual department
reports  prescribed by law, the head of each department of the state, on
or before the fifteenth day of October in each year, shall submit to the
governor a statement of the sources,  amounts  and  disposition  of  all
money  received  by  such department, its divisions, bureaus or officers
for the preceding fiscal year other than  money  appropriated  for  such
department by the legislature or money which was paid by such department
into  the  treasury.  Such  statement shall include a description of the
nature and the amount of each fund, if any, then under  the  supervision
or  control  of  such department or the head thereof or under the super-
vision or control of any division, bureau, commission,  board  or  other
organization  therein or under the supervision or control of the head or
any other officer of such division, bureau, commission, board or  organ-
ization,  which  was derived from any source whether or not deposited in
the treasury, a citation of the  statute  authorizing  the  creation  or
establishment  of  each  such  fund  and  the  nature  and amount of any
payments made therefrom during the preceding fiscal year.  The  director
of  the budget in the executive department shall make rules, which shall
be approved by the governor, regulating the form and  contents  of  such
statements.  Copies of such statements shall be simultaneously furnished
to the senate finance committee and the assembly ways and means  commit-
tee for their information.
  2.  The  governor,  in  such  form and with such explanation as he may
desire, shall transmit to the legislature, with  the  annual  budget,  a
recapitulation  or  summary  of the information contained in such state-
ments arranged under  appropriate  headings  for  each  department.  The
provisions  of this section shall not apply to any funds received by the
superintendent of financial services [or the superintendent of financial
services] in a fiduciary capacity or to the state  teachers'  retirement
fund,  or  any  state  employees'  retirement and pension fund, but such
exemption from the application of this  section  shall  not  affect  any
other provision of law requiring a report or statement of such funds.
  3.    IN  ADDITION TO THE ANNUAL REPORT REQUIRED BY THIS SECTION, EACH
DEPARTMENT, INCLUDING THE EXECUTIVE DEPARTMENT, OR THE STATEWIDE  FINAN-
CIAL  SYSTEM  MANAGED  BY THE DIVISION OF THE BUDGET SHALL MAKE AN ADDI-
TIONAL REPORT TO THE LEGISLATURE BY MARCH FIRST OF EACH YEAR RELATING TO
DISTRIBUTION OF FUNDS AND GRANTS TO COMMUNITY BASED ORGANIZATIONS BY  OR
THROUGH  SUCH  DEPARTMENT.   INFORMATION RELATING TO THE DISTRIBUTION OF
FUNDS AND GRANTS SHALL ALSO BE AVAILABLE ON  THE    STATEWIDE  FINANCIAL
SYSTEM  WEBSITE IN A MANNER WHICH IS CLEAR AND ACCESSIBLE TO THE PUBLIC.
SUCH REPORT SHALL PROVIDE A LISTING  OF  RECIPIENTS,  BY  ZIP  CODE,  OF
GRANTS, AWARDS OR FUNDS APPROPRIATED FOR SERVICES AND PROGRAMS WHICH ARE
MADE  TO  ORGANIZATIONS WHICH PROVIDE SERVICES ON A LOCAL BASIS PURSUANT
TO PROGRAMS ESTABLISHED BY LAW.
  S 3. This act shall take effect immediately.

Co-Sponsors

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S6356A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10133A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §164, Exec L; amd §14, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A10133A

S6356A (ACTIVE) - Bill Texts

view summary

Requires reports by state agencies relating to certain grants and expenditures made to community based organizations; requires listing by zip code of such grants.

view sponsor memo
BILL NUMBER:S6356A

TITLE OF BILL:
An act
to amend the executive law and the state finance law, in relation to
requiring reports by state agencies relating to certain grants and
expenditures made to community based organizations

PURPOSE:
To require an annual report from the division of the budget that
relates to the distribution of funds and grants to community based
organizations that would create greater transparency and
accountability by the department.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the executive law so that the division of
the budget will be required to submit a report to the legislature by
March first of each year relating to the distribution of funds and
grants to community based organizations. The report will provide a
listing of recipients, organized by zip code, of grants, awards or
funds appropriated for services end programs that are made to
organizations which provide services on a local basis. Additionally,
the report must be posted on the division of the budget website in a
manner which is clear and accessible to the public.

Section 2 amends the executive law so that the division of the budget
will be required to submit a report to the legislature by March first
of each year. This report will relate to the distribution of funds
end grants to community based organizations by or through the
department. The report will provide a listing of recipients,
organized by zip code, of grants, awards or funds appropriated for
services end programs that are made to organizations which provide
services on a local basis. Additionally, the report must be posted on
the division of the budget website in a manner which is clear and
accessible to the public.

JUSTIFICATION:
This legislation would create transparency in departmental spending by
providing citizens knowledge of how the government is spending its
budget and where the money is going to. The additional report that
the division of the budget is required to submit would allow citizens
to track the allocation of funds to community based organizations,
which localities the funds are going to, and the type of services and
programs that are being supported.

Concerns raised by Governor Cuomo in his veto of Senate Bill 372 in
2011, including the reporting procedures of the Statewide Financial
System (SFS), are addressed in this new version of the bill. Governor
Cuomo indicated the Statewide Financial System (SFS), which is a
single financial accounting record and central transaction processing
system managed by the Division of Budget, is expected to make such
reports. However, the SFS website is a portal for vendors and state
employees, which would make public access difficult and cumbersome.

The Division of the Budget has the ability to manage data from SFS,
and the website is designed to allow the public easy access to a


number of reports, including the state financial plan, the budget,
and cash levels.

LEGISLATIVE HISTORY:
First introduced in 2010. An previous version of the bill (S.372) was
vetoed in 2011.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 6356--A
    Cal. No. 1063

                            I N  S E N A T E

                            February 1, 2012
                               ___________

Introduced  by  Sens.  MONTGOMERY,  DUANE, HUNTLEY, O'MARA, OPPENHEIMER,
  PARKER, STAVISKY -- read twice and ordered printed, and  when  printed
  to be committed to the Committee on Finance -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading,  passed  by  Senate  and delivered to the Assembly, recalled,
  vote reconsidered, restored to  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the executive law and the state finance law, in relation
  to  requiring reports by state agencies relating to certain grants and
  expenditures made to community based organizations

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

  Section 1. Section 164 of the executive law, as amended by chapter 833
of the laws of 1965, is amended to read as follows:
  S 164. Reports  by  and  to the department.  1. Each department, other
than the executive department, shall make an annual report to the gover-
nor and legislature on or before the  fifteenth  day  of  May,  for  the
preceding  calendar  year.  It shall contain such information concerning
the department and its several divisions, bureaus, offices, agencies and
institutions, and their activities and  affairs,  and  such  recommenda-
tions, as the head of the department shall deem necessary or proper, and
any  matters required by express provision of law to be included in such
report. A department also shall make such other and special  reports  as
the  governor  or either house of the legislature may require. From time
to time, the head of a department may require from any board, commission
or other body in the department  or  from  any  subordinate  officer  or
employee,  division or bureau of the department, or from any institution
subject to the supervision of the department, or from any agency of  the
department, such reports or information as such head may deem necessary.
Unless  expressly  authorized by the head of the department, there shall
be hereafter no separate report, annual or otherwise,  directly  to  the
legislature  or  governor  by any such board, commission, body, officer,
division, bureau, institution or  agency  notwithstanding  any  existing
provision of law authorizing or requiring such report.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02382-05-2

S. 6356--A                          2

  2.  IN  ADDITION  TO  THE  ANNUAL REPORT REQUIRED BY THIS SECTION, THE
DIVISION OF THE BUDGET SHALL MAKE A REPORT TO THE LEGISLATURE  BY  MARCH
FIRST  OF  EACH  YEAR  RELATING  TO  DISTRIBUTION OF FUNDS AND GRANTS TO
COMMUNITY BASED ORGANIZATIONS AND SUCH REPORT SHALL  BE  POSTED  ON  THE
DIVISION OF THE BUDGET WEBSITE IN A MANNER WHICH IS CLEAR AND ACCESSIBLE
TO  THE  PUBLIC.   SUCH REPORT SHALL PROVIDE A LISTING OF RECIPIENTS, BY
ZIP CODE, OF GRANTS, AWARDS  OR  FUNDS  APPROPRIATED  FOR  SERVICES  AND
PROGRAMS  WHICH  ARE  MADE  TO ORGANIZATIONS WHICH PROVIDE SERVICES ON A
LOCAL BASIS PURSUANT TO PROGRAMS ESTABLISHED BY LAW.
  S 2. Section 14 of the state finance law,  the  closing  paragraph  as
further  amended  by  section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
  S 14. Departmental statements. 1. In addition to the annual department
reports prescribed by law, the head of each department of the state,  on
or before the fifteenth day of October in each year, shall submit to the
governor  a  statement  of  the  sources, amounts and disposition of all
money received by such department, its divisions,  bureaus  or  officers
for  the  preceding  fiscal  year other than money appropriated for such
department by the legislature or money which was paid by such department
into the treasury. Such statement shall include  a  description  of  the
nature  and  the amount of each fund, if any, then under the supervision
or control of such department or the head thereof or  under  the  super-
vision  or  control  of any division, bureau, commission, board or other
organization therein or under the supervision or control of the head  or
any  other officer of such division, bureau, commission, board or organ-
ization, which was derived from any source whether or not  deposited  in
the  treasury,  a  citation  of  the statute authorizing the creation or
establishment of each such  fund  and  the  nature  and  amount  of  any
payments  made  therefrom during the preceding fiscal year. The director
of the budget in the executive department shall make rules, which  shall
be  approved  by  the governor, regulating the form and contents of such
statements. Copies of such statements shall be simultaneously  furnished
to  the senate finance committee and the assembly ways and means commit-
tee for their information.
  2. The governor, in such form and with  such  explanation  as  he  may
desire,  shall  transmit  to  the legislature, with the annual budget, a
recapitulation or summary of the information contained  in  such  state-
ments  arranged  under  appropriate  headings  for  each department. The
provisions of this section shall not apply to any funds received by  the
superintendent of financial services [or the superintendent of financial
services]  in  a fiduciary capacity or to the state teachers' retirement
fund, or any state employees' retirement  and  pension  fund,  but  such
exemption  from  the  application  of  this section shall not affect any
other provision of law requiring a report or statement of such funds.
  3.  IN ADDITION TO THE ANNUAL REPORT REQUIRED  BY  THIS  SECTION,  THE
DIVISION  OF  THE BUDGET SHALL MAKE A REPORT TO THE LEGISLATURE BY MARCH
FIRST OF EACH YEAR RELATING TO  DISTRIBUTION  OF  FUNDS  AND  GRANTS  TO
COMMUNITY  BASED  ORGANIZATIONS  AND  SUCH REPORT SHALL BE POSTED ON THE
DIVISION OF THE BUDGET WEBSITE IN A MANNER WHICH IS CLEAR AND ACCESSIBLE
TO THE PUBLIC.  SUCH REPORT SHALL PROVIDE A LISTING  OF  RECIPIENTS,  BY
ZIP  CODE,  OF  GRANTS,  AWARDS  OR  FUNDS APPROPRIATED FOR SERVICES AND
PROGRAMS WHICH ARE MADE TO ORGANIZATIONS WHICH  PROVIDE  SERVICES  ON  A
LOCAL BASIS PURSUANT TO PROGRAMS ESTABLISHED BY LAW.
  S 3. This act shall take effect immediately.

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