NY State Senate Bill 2011-S4322

Senate Bill S4322

2011-2012 Legislative Session

Consolidates and reduces the frequency of reporting requirements by various departments, agencies and public authorities; repealer

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2011	referred to finance

2011-S4322 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: New York State Printing and Public Documents Law
Laws Affected:: Amd §12, NYS Print L; amd §258-b, Ag & Mkts L; add §54-0102, En Con L; rpld & add Art 25 §§855 - 856, Lab L; amd §33.03, Ment Hyg L; rpld §2, Chap 57 of 1988; amd §17, Soc Serv L; amd §228, Work Comp L; rpld §3, Chap 762 of 1984; rpld §357, Chap 166 of 1991; rpld §11, Chap 494 of 1992
Versions Introduced in 2009-2010 Legislative Session:: S983

2011-S4322 (ACTIVE) - Summary

Consolidates and reduces the frequency of reporting requirements by various departments, agencies and public authorities; also provides for copies of public documents to be sent to the legislative library; eliminates certain reports by departments from being done.

2011-S4322 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4322

TITLE OF BILL:
An act
to amend the New York state printing and public
documents law,
the agriculture and markets law,
the environmental conservation law,
the labor law, the mental hygiene law,
the social services law, and
the workers'
compensation law,
in relation to consolidating
and reducing the frequency of reporting requirements and
forwarding copies thereof to
the legislative library;
and repealing certain provisions
of
the labor law,
section 2 of chapter 57 of the laws of 1988
amending the mental hygiene law relating to requiring minimum
standards for active programming of
patients at psychiatric
centers and reporting on their
development and implementation,
section 3 of chapter 762 of the laws of 1984

amending the education law relating to requiring certain reports by
the state university of New York and the city university of New
York, certain provisions of
chapter 166 of the laws of 1991 amending the
tax law and other laws relating to deduction or credit by a
shareholder
under the article 22 income tax for tax imposed under article 9-A of
the tax law,
and certain provisions of the state university of New York and the
city university
of New York retirement
incentive act of 1992, relating to the
submission and content of reports and to previously executed
provisions of law now
obsolete

PURPOSE:
Consolidates and reduces the frequency of reporting requirements by
various departments, agencies and public authorities; repealer.

SUMMARY OF PROVISIONS:
This bill amends the environmental conservation law by adding a new
section 54-0102, repeals article 25 of the labor law and adds a new
Article 25, amends subdivision (d) of section 33.03 of the mental
hygiene law by adding new paragraph 3, amends the opening paragraph
of subdivision (d) of section 11 of the social services law is
designated paragraph (i) and a new paragraph (ii) is added, amends
subdivision 1 of section 228 of the workers' compensation law,
repeals section 3 of chapter 762 of the laws of 1984, repeals section


351 of chapter 166 of the laws of 1991, repeals section 11 of chapter
494 of the law of 1992.

JUSTIFICATION:
Reporting requirements can be one of the Legislature's most effective
tools for monitoring agency operations. Reports can help identify
programs that are not working and can lead to recommendations for
reform. Reports sometimes may not provide the types of information
needed to evaluate program effectiveness This may be because the
statutory reporting requirements are not specific enough co elicit
the types of
needed information to evaluate program effectiveness. Some reports
currently mandated may no longer be needed or not needed as frequently.

This bill provides mandate relief through the elimination of unneeded
reporting requirements and reduced frequency of other requirements,
and improves government accountability through strengthened reporting
requirements. It does this by eliminating, reducing the frequency,
and strengthening certain reports. The Oversight committee completed
a telephone survey of twenty-three agencies in an attempt to discern
agencies' distribution policies for statutorily required reports
issued to the "legislature."

The results of the survey indicated that how agencies interpreted the
"legislature" varied dependent upon a number of variables including,
but not limited to, the nature of the report, the degree of public
interest or controversy associated with the report and the financial
situation of the reporting agencies. Eight agencies indicated that
they interpreted reports to the legislature to mean each and every
member of the legislature is to receive a full copy of the report at
all times. Other agencies felt that they satisfied the requirements
of statute by providing reports to selected members. To deal with
this the bill creates a consistent policy for the handling of the
distribution of reports to the legislature. It also provides for an
executive summary which will highlight the provisions of the reports
including, as appropriate, findings and recommendations.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Possible cost reduction.

EFFECTIVE DATE:
This act shall take effect immediately, provided, however, section
54-0102 of the environmental conservation law, as added by section
four of this act, shall cake effect on the first January next
succeeding the date on which this act shall have become law.

2011-S4322 (ACTIVE) - Bill Text download pdf

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

                                  4322

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

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

AN ACT to amend the New York state printing and  public  documents  law,
  the  agriculture  and markets law, the environmental conservation law,
  the labor law, the mental hygiene law, the social  services  law,  and
  the workers' compensation law, in relation to consolidating and reduc-
  ing  the  frequency  of  reporting  requirements and forwarding copies
  thereof to the legislative library; and repealing  certain  provisions
  of the labor law, section 2 of chapter 57 of the laws of 1988 amending
  the  mental  hygiene  law  relating to requiring minimum standards for
  active programming of patients at psychiatric centers and reporting on
  their development and implementation, section 3 of chapter 762 of  the
  laws  of 1984 amending the education law relating to requiring certain
  reports by the state university of New York and the city university of
  New York, certain provisions of chapter 166 of the laws of 1991 amend-
  ing the tax law and other laws relating to deduction or  credit  by  a
  shareholder  under  the  article  22  income tax for tax imposed under
  article 9-A of the tax  law,  and  certain  provisions  of  the  state
  university  of New York and the city university of New York retirement
  incentive act of 1992, relating  to  the  submission  and  content  of
  reports and to previously executed provisions of law now obsolete

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

  Section 1.   Subparagraph (i) of paragraph (a)  of  subdivision  1  of
section  12  of the New York state printing and public documents law, as
amended by chapter 524 of the laws  of  2005,  is  amended  to  read  as
follows:
  (i) to forward thirty copies, upon completion, of each public document
issued to the gifts and exchange division of the state library AND THREE
COPIES OF EVERY PUBLIC DOCUMENT TO THE LEGISLATIVE LIBRARY; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06948-01-1

S. 4322                             2

  S 2.  Paragraph (b) of subdivision 11 of section 258-b of the agricul-
ture and markets law, as added by chapter 540 of the laws  of  1987  and
subparagraph 3 as amended by chapter 326 of the laws of 1988, is amended
to read as follows:
  (b) Payments to farmers. (1) It is hereby determined and declared that
the  assurance  of  prompt  and full payment to dairy farmers is for the
benefit of all the people of the state, and is so  directly  related  to
the public interest, the public health and general welfare that it is an
essential government function.
  (2)  [The  commissioner  shall  annually no later than November first,
assess the status of the milk producer security  fund,  the  anticipated
payments  from  and  receipts  to the fund for the following fiscal year
and,  in  connection  with  such  assessment,  estimate  the  additional
amounts,  if  any,  which  may  be needed by the fund to meet the fund's
objectives in assuring prompt and full payment to dairy  farmers.    The
commissioner shall transmit this information in a report to the governor
for  his use in the preparation of the budget, and to the speaker of the
assembly and the president pro tempore of the  senate  for  use  in  the
consideration of the budget for such fiscal year.
  (3)]  In  the  event an appropriation is made for the purposes of this
paragraph and, thereafter, upon certification by the commissioner,  with
approval  of  the director of the budget, that a further sum is required
by the milk producers security fund to meet its obligations  and  accom-
plish  the  purposes  of this section, the comptroller shall, within the
limits of such appropriation, draw a warrant for the payment to the milk
producers security fund of an amount up to the amount of such sum.  Such
amount  shall  be  a  liability  of the milk producers security fund and
shall be repaid to the general fund pursuant to  a  plan  of  repayment.
Prior  to  the  institution  of  such  a  plan,  a copy thereof shall be
forwarded to the [chairman] CHAIRPERSON of the senate finance  committee
and the [chairman] CHAIRPERSON of the assembly ways and means committee,
for use in the consideration of the budget for such fiscal year.
  [(4)]  (3) Whenever the comptroller draws a warrant for payment to the
milk producers security fund as provided in subparagraph [three  hereof]
TWO  OF  THIS  PARAGRAPH,  the  commissioner shall implement the plan of
repayment by promulgating through regulation after hearing  an  increase
in  the  amount  of  assessment  imposed under subdivision three of this
section to an amount not exceeding two-tenths  of  one  percent  of  the
average uniform price for the previous year.
  S  3.  The  environmental  conservation law is amended by adding a new
section 54-0102 to read as follows:
S 54-0102. REPORTING REQUIREMENTS.
  1. THE COMMISSIONER SHALL ISSUE AN ANNUAL REPORT  ACCOUNTING  FOR  ALL
REQUESTS  FOR AND EXPENDITURES OF MONEY THAT ARE MADE AVAILABLE FROM THE
ENVIRONMENTAL PROTECTION FUND ESTABLISHED IN SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW. THE REPORT SHALL BE SUBMITTED ON JANUARY THIRTIETH OF
EACH YEAR TO THE GOVERNOR, THE STATE COMPTROLLER, AND THE CHAIRS OF  THE
ASSEMBLY WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE.
  2.  THE  REPORT  SHALL  LIST ALL REQUESTS FOR FUNDING, IDENTIFYING THE
GOVERNING BODY, AS DEFINED BY SUBDIVISION SIX OF SECTION 54-0101 OF THIS
TITLE, THE AMOUNT REQUESTED, AND A DESCRIPTION OF THE PROPOSED PROJECT.
  3. THE REPORT SHALL INCLUDE FOR ALL PROJECTS APPROVED PURSUANT TO THIS
ARTICLE AND SECTION NINETY-TWO-S OF THE STATE FINANCE LAW THE FOLLOWING:
  A. THE NAME OF THE AGENCY, AUTHORITY, DEPARTMENT OR  COUNCIL  ADMINIS-
TERING FUNDS;

S. 4322                             3

  B.  THE  IDENTITY OF THE RECIPIENT OF THE STATE ASSISTANCE PAYMENT, AS
DEFINED BY SUBDIVISION ELEVEN OF SECTION 54-0101 OF THIS TITLE,  INCLUD-
ING AN ADDRESS AND TELEPHONE NUMBER;
  C. A DESCRIPTION OF THE APPROVED PROJECT;
  D.  THE  ACCOUNT  FROM  WHICH  THE  MONEY IS APPROPRIATED, PURSUANT TO
SECTION NINETY-TWO-S OF THE STATE FINANCE LAW;
  E. THE DATE THE PROJECT WAS APPROVED BY THE AGENCY, AUTHORITY, DEPART-
MENT OR COUNCIL;
  F. THE DATE THE FUNDS WERE APPROVED BY THE DIVISION OF THE BUDGET;
  G. THE AMOUNT REQUESTED;
  H. THE TOTAL STATE ASSISTANCE PAYMENT ALLOCATED;
  I. THE AMOUNT OBLIGATED;
  J. THE AMOUNT DISBURSED; AND
  K. THE AMOUNT AVAILABLE.
  S 4. Article 25 of the labor law is REPEALED and a new article  25  is
added to read as follows:
                                ARTICLE 25
                YOUTH EDUCATION, EMPLOYMENT AND TRAINING
SECTION 855. YOUTH EDUCATION, EMPLOYMENT AND TRAINING PROGRAM.
        856. EVALUATION REPORT.
  S 855.  YOUTH EDUCATION, EMPLOYMENT AND TRAINING PROGRAM.  WITHIN SUCH
AMOUNTS AS MAY BE APPROPRIATED BY LAW, AND PROVIDED THAT SUCH PROGRAM IS
ACTUALLY ESTABLISHED IN THE EDUCATION, LABOR AND FAMILY ASSISTANCE BUDG-
ET, THE DEPARTMENT SHALL IMPLEMENT ANY PROGRAM ENTITLED IN  SUCH  BUDGET
AS THE "YOUTH EDUCATION, EMPLOYMENT AND TRAINING PROGRAM".
  S 856.  EVALUATION  REPORT. THE DEPARTMENT SHALL PREPARE AND SUBMIT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE
ASSEMBLY  AND THE CHAIR OF THE LEGISLATIVE COMMISSION ON SKILLS DEVELOP-
MENT AND VOCATIONAL EDUCATION, AN ANNUAL EVALUATION REPORT OF ITS  YOUTH
EDUCATION,  EMPLOYMENT  AND  TRAINING  PROGRAM, IF SUCH PROGRAM HAS BEEN
ESTABLISHED IN THE EDUCATION, LABOR AND  FAMILY  ASSISTANCE  BUDGET,  NO
LATER  THAN  DECEMBER  FIRST  FOLLOWING THE END OF THE PROGRAM YEAR. THE
REPORT SHALL INCLUDE A STATEMENT OF PROGRAM OBJECTIVES WHICH  IDENTIFIES
OUTCOMES  AND  INDICATORS  OF THE EFFECTIVENESS OF THE PROGRAM. IT SHALL
REPRESENT THE EXTENT TO WHICH PROGRAM ACTIVITIES MEET PROGRAM OBJECTIVES
INCLUDING, BUT NOT LIMITED TO, IMPROVEMENTS IN PARTICIPANTS' EDUCATIONAL
COMPETENCIES AND EMPLOYABILITY SKILLS AS MEASURED  BY  ACCEPTED  TESTING
TOOLS.  THE  BASIC  MEASURES  OF  PERFORMANCE FOR PROJECTS FOR IN-SCHOOL
YOUTH SHALL BE: HIGH SCHOOL  RETENTION,  ATTAINMENT  OF  A  HIGH  SCHOOL
DIPLOMA,  ENROLLMENT  IN  A  POST-SECONDARY EDUCATIONAL PROGRAM OR VOCA-
TIONAL SKILLS TRAINING PROGRAM, OR ATTAINMENT  OF  UNSUBSIDIZED  EMPLOY-
MENT.  THE  BASIC MEASURES OF PERFORMANCE FOR PROJECTS FOR OUT-OF-SCHOOL
YOUTH SHALL BE: IMPROVEMENT IN BASIC  ACADEMIC  AND  VOCATIONAL  SKILLS,
RETURN  TO HIGH SCHOOL, ATTAINMENT OF A HIGH SCHOOL EQUIVALENCY DIPLOMA,
ENROLLMENT IN A POST-SECONDARY EDUCATIONAL PROGRAM OR VOCATIONAL  SKILLS
TRAINING  PROGRAM,  OR ATTAINMENT OF UNSUBSIDIZED EMPLOYMENT. THE REPORT
SHALL INCLUDE A SEPARATE COUNT OF PARTICIPANTS WHO HAVE PARTICIPATED  IN
THE  SAME PROGRAM MODEL THROUGH MORE THAN ONE PROGRAM CYCLE. A METHODOL-
OGY SHALL BE PRESCRIBED WHICH REQUIRES COLLECTION OF POST-PROGRAM INFOR-
MATION ON PROGRAM PARTICIPANTS INCLUDING, BUT NOT LIMITED TO, WHETHER  A
PARTICIPANT  RECEIVES  A HIGH SCHOOL DEGREE OR ITS EQUIVALENT AND SUBSE-
QUENT LABOR MARKET EXPERIENCE FOR ONE YEAR  FOLLOWING  TERMINATION  FROM
THE  PROGRAM,  AND THE EXTENT TO WHICH THE PARTICIPANT ACHIEVED OUTCOMES
AS DEFINED BY THE CERTIFIED  PROGRAM  MODEL.    THE  REPORT  SHALL  ALSO
DESCRIBE  THE TYPES OF SUPPORT SERVICES PROVIDED, LEVELS OF EXPENDITURE,

S. 4322                             4

AND DEMONSTRATE HOW SUCH SUPPORT SERVICES IMPROVE  PARTICIPANT  INVOLVE-
MENT IN LOCAL PROJECTS.
  S 5.  Subdivision  (d)  of  section 33.03 of the mental hygiene law is
amended by adding a new paragraph 3 to read as follows:
  3. NO LATER THAN OCTOBER FIFTEENTH, TWO THOUSAND TWELVE, AND NO  LATER
THAN  THE FIFTEENTH DAY OF EACH THIRD MONTH THEREAFTER, THE COMMISSIONER
OF THE OFFICE OF MENTAL HEALTH SHALL REPORT TO THE  LEGISLATURE  ON  THE
DEVELOPMENT AND IMPLEMENTATION OF THE REQUIREMENTS OF THIS SUBDIVISION.
  S 6.  Section  2 of chapter 57 of the laws of 1988 amending the mental
hygiene law relating to requiring minimum standards for active  program-
ming  of patients at psychiatric centers and reporting on their develop-
ment and implementation is REPEALED.
  S 7. The opening paragraph of subdivision (d) of  section  17  of  the
social services law is designated paragraph (i) and a new paragraph (ii)
is added to read as follows:
  (II)  THE  COMMISSIONER  OF  THE  OFFICE  OF  TEMPORARY AND DISABILITY
ASSISTANCE SHALL SUBMIT A PERFORMANCE REPORT TO THE GOVERNOR WITH COPIES
FILED WITH THE TEMPORARY PRESIDENT OF THE SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY,  AND  THE CHAIRPERSONS OF THE SENATE FINANCE AND ASSEMBLY WAYS
AND MEANS COMMITTEES, NO LATER THAN DECEMBER THIRTY-FIRST OF EACH  YEAR,
ON  ALL  RESIDENTIAL  AND NON-RESIDENTIAL PROGRAMS PROVIDING SERVICES TO
THE STATE'S HOMELESS POPULATION. THE REPORT SHALL  BE  UPDATED  ANNUALLY
AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
  A.  (1)  AN  INDICATION OF THE STATE AGENCY RESPONSIBLE FOR PROVIDING,
ADMINISTERING  OR  SUPERVISING  THE  PROVISION  OF   SERVICES;   (2)   A
DESCRIPTION OF THE PROGRAM WHICH INCLUDES THE STATUTORY BASIS OR AUTHOR-
IZATION  FOR  THE  PROGRAM;  (3)  THE AMOUNT OF STATE, FEDERAL AND LOCAL
FUNDS APPROPRIATED, COMMITTED AND EXPENDED; AND (4) PROGRAM  ACCOMPLISH-
MENTS  INCLUDING  UNITS  OF  SERVICE  PROVIDED AND NUMBER OF INDIVIDUALS
SERVED.
  B. ANNUAL UPDATES SHOULD INCLUDE A SUMMARY OF THE  CHANGES  THAT  HAVE
TAKEN PLACE SINCE THE PRIOR ANNUAL SUBMISSION.
  S 8. Subdivision 1 of section 228 of the workers' compensation law, as
amended  by  chapter  552  of  the  laws  of 1963, is amended to read as
follows:
  1. The [chairman] CHAIRPERSON and department of audit and control,  as
soon  as  practicable  after  April  first, [nineteen hundred fifty] TWO
THOUSAND TWELVE, and annually as soon as practicable after  April  first
in  each  year  thereafter,  shall ascertain AND SUBMIT TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  CHAIRPERSONS
OF  THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMIT-
TEE, AND THE CHAIRPERSONS OF THE SENATE AND ASSEMBLY LABOR COMMITTEES  A
DETAILED REPORT ON ALL RECEIPTS AND DISBURSEMENTS MADE FOR ALL FUNDS AND
SPECIAL  FUNDS  ADMINISTERED BY THE BOARD. SUCH REPORT SHALL INCLUDE THE
TOTAL AMOUNT OF CLAIMS RECEIVED, the total amount of expenses, including
in addition to the direct costs of personal service, the cost of mainte-
nance and operation, the  cost  of  retirement  contributions  made  and
[workmen's]  WORKERS'  compensation premiums paid by the state for or on
account of personnel, rentals for space occupied in state owned or state
leased buildings, such additional sum as may be certified to the [chair-
man] CHAIRPERSON and the department of audit and control as a reasonable
compensation for services rendered by the department of law and expenses
incurred by such department, and all other  direct  or  indirect  costs,
incurred by the [chairman] CHAIRPERSON or the board during the preceding
fiscal  year  in connection with the administration of this article. The
services and expenses of the members,  employees  and  officers  of  the

S. 4322                             5

board  related  to this article shall be apportioned and included in the
amount to be assessed. If any officers or employees of the state perform
duties directly which in part are related to the administration of  this
article  and in part not related thereto and if there are other expenses
which are incurred jointly in connection with the administration of this
article and in activities not so connected, an  equitable  apportionment
shall be made and only such parts thereof as apply to the administration
of  this  article  shall be chargeable to the administrative expenses as
provided in this section.
  S 9. Section 3 of chapter 762 of the laws of 1984 amending the  educa-
tion  law  relating to requiring certain reports by the state university
of New York and the city university of New York is REPEALED.
  S 10. Section 357 of chapter 166 of the laws of 1991 amending the  tax
law  and  other  laws  relating  to deduction or credit by a shareholder
under the article 22 income tax for tax imposed under article 9-A of the
tax law is REPEALED.
  S 11. Section 11 of chapter 494 of the laws of 1992  constituting  the
state university of New York and the city university of New York retire-
ment incentive act of 1992 is REPEALED.
  S 12. This  act  shall  take  effect  immediately,  provided, however,
section 54-0102 of the  environmental  conservation  law,  as  added  by
section  three  of  this  act, shall take effect on the first of January
next succeeding the date on which this act shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.