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

                                  3831

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT to amend the state  technology law, in relation to creating  the
  resultsNY.gov website

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

  Section 1. Legislative findings and declaration. The legislature here-
by  finds  and  declares  that  many  New  York state agencies currently
provide valuable information to the public regarding policy  issues  and
government  programs  and initiatives. However, the public would clearly
benefit by having website access to important performance-based  statis-
tics,  policy issues and comparative information on a user-friendly "one
stop shopping" basis. Such a website would  dramatically  expand  public
access to useful information and enable taxpayers to more readily review
and better understand the many state programs that affect the quality of
life  such as public safety, education, energy, transportation, housing,
health, law enforcement and the environment.    Additionally,  it  would
enhance  government  transparency  and  accountability  while helping to
ensure the public that their taxes are being spent prudently.
  Therefore, to achieve the above-stated intent, the legislature  hereby
finds and declares that there be established the "resultsNY.gov" website
to  be  initiated, operated and maintained by the state office for tech-
nology with oversight  authority  by  the  committee  on  resultsNY.gov.
Patterned  after  the  federal office of management and budget's Expect-
More.gov website, this proposal  will  establish  a  new,  user-friendly
website that provides the public with the ability to review the perform-
ance  of  state  government  agencies  and programs. ResultsNY.gov would
provide a new single access website, with specific  indicators  to  help
the  public  determine  how effectively tax dollars are being spent, and
how individual government programs are performing.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09835-01-9
              

S. 3831                             2

  S 2. Section 103 of the state technology law is amended  by  adding  a
new subdivision 18 to read as follows:
  18.  TO  REQUEST  AND  RECEIVE  FROM  ANY DEPARTMENT, DIVISION, BOARD,
COMMISSION OR OTHER AGENCY OF THE STATE, ANY INFORMATION  AND  RESOURCES
NECESSARY  TO CARRY OUT THE RESPONSIBILITIES AND PROVISIONS SET FORTH IN
ARTICLE FIVE OF THIS CHAPTER.
  S 3. Subdivisions 3 and 4 of section 105 of the state technology  law,
as  added  by chapter 430 of the laws of 1997 and such section as renum-
bered by chapter 437 of the  laws  of  2004,  are  amended  to  read  as
follows:
  3. To recommend surveys and reports to be completed by the director to
carry out all of the objectives and purposes of this article; [and]
  4.  TO  PROVIDE  GUIDANCE AND SUPPORT TO THE OFFICE IN THE DEVELOPMENT
AND IMPROVEMENTS TO THE FORMAT AND CONTENT OF RESULTSNY.GOV; AND
  5. To perform such other acts as may be assigned by the chairperson of
the council which are necessary or appropriate to carry  out  the  func-
tions of the council.
  S  4. The state technology law is amended by adding a new article 5 to
read as follows:
                                ARTICLE V
                            RESULTSNY.GOV ACT
SECTION 501. SHORT TITLE.
        502. DEFINITIONS.
        503. RESULTSNY.GOV.
  S 501. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "RESULTSNY.GOV ACT".
  S 502. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "ELECTRONIC"  SHALL MEAN OF OR RELATING TO TECHNOLOGY HAVING ELEC-
TRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR  SIMI-
LAR CAPABILITIES.
  2.  "ELECTRONIC  RECORD"  SHALL  MEAN INFORMATION, EVIDENCING ANY ACT,
TRANSACTION, OCCURRENCE, EVENT, OR OTHER ACTIVITY, PRODUCED OR STORED BY
ELECTRONIC MEANS AND CAPABLE OF BEING  ACCURATELY  REPRODUCED  IN  FORMS
PERCEPTIBLE BY HUMAN SENSORY CAPABILITIES.
  3.  "GOVERNMENTAL  ENTITY"  SHALL  MEAN  ANY  STATE DEPARTMENT, BOARD,
BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC  BENE-
FIT  CORPORATION, COUNCIL, OFFICE, OR OTHER GOVERNMENTAL ENTITY OR OFFI-
CER OF THE STATE HAVING STATEWIDE AUTHORITY, EXCEPT THE  STATE  LEGISLA-
TURE, AND ANY POLITICAL SUBDIVISION OF THE STATE.
  S  503.  RESULTSNY.GOV. 1. THE OFFICE, IN COOPERATION AND CONSULTATION
WITH THE COUNCIL, SHALL ESTABLISH,  MAINTAIN,  UPDATE  AND  OPERATE  THE
RESULTSNY.GOV  WEBSITE.  THE  OFFICE  MAY  REQUEST FROM ANY GOVERNMENTAL
ENTITY SUCH COOPERATION IN FURNISHING IT  WITH  INFORMATION  THAT  SHALL
ENABLE  THE OFFICE TO CARRY OUT ITS DUTIES PURSUANT TO THIS SECTION. ALL
GOVERNMENTAL ENTITIES ARE AUTHORIZED AND  DIRECTED  TO  PROVIDE  TO  THE
OFFICE  SUCH  COOPERATION,  ASSISTANCE,  SERVICE,  ADVICE AND ELECTRONIC
RECORDS IN A TIMELY MANNER.
  2. THE OFFICE SHALL ENSURE THE RESULTSNY.GOV WEBSITE SHALL PROVIDE  TO
THE  USER OF THE WEBSITE COMPARATIVE DATA AND STATISTICS TO IDENTIFY THE
STATE'S PERFORMANCE REGIONALLY  AND  NATIONALLY  RELATING  TO,  BUT  NOT
LIMITED  TO, THE ECONOMY, EDUCATION, PUBLIC SAFETY, ENERGY, HOUSING, AND
THE ENVIRONMENT.
  3. THE OFFICE, IN COOPERATION AND CONSULTATION WITH THE COUNCIL, SHALL
COLLECT FROM ANY AND ALL  GOVERNMENTAL  ENTITIES  GOVERNMENT  MANAGEMENT
ACCOUNTABILITY  AND  PERFORMANCE  DATA.  SUCH  DATA, AT A MINIMUM, SHALL
DETERMINE:

S. 3831                             3

  (A) DOES THE PROGRAM ADDRESS A SPECIFIC AND EXISTING PROBLEM, INTEREST
OR NEED;
  (B) IS THE PROGRAM DESIGNED SO THAT IT IS NOT REDUNDANT OR DUPLICATIVE
OF ANY OTHER FEDERAL, STATE, LOCAL OR PRIVATE EFFORT;
  (C)  DOES  THE  PROGRAM  HAVE  A  LIMITED NUMBER OF SPECIFIC LONG-TERM
PERFORMANCE MEASURES THAT FOCUS ON OUTCOMES AND MEANINGFULLY REFLECT THE
PURPOSE OF THE PROGRAM;
  (D) DOES THE PROGRAM HAVE AMBITIOUS TARGETS  AND  TIMEFRAMES  FOR  ITS
LONG-TERM MEASURES;
  (E)  DOES  THE PROGRAM, INCLUDING PROGRAM PARTNERS, ACHIEVE ITS ANNUAL
PERFORMANCE GOALS;
  (F) ARE  INDEPENDENT  EVALUATIONS  OF  SUFFICIENT  SCOPE  AND  QUALITY
CONDUCTED  ON  A  REGULAR BASIS OR AS NEEDED TO SUPPORT PROGRAM IMPROVE-
MENTS AND EVALUATE EFFECTIVENESS AND RELEVANCE TO THE PROBLEM, INTEREST,
OR NEED;
  (G) ARE BUDGET REQUESTS EXPLICITLY TIED TO ACCOMPLISHMENT OF THE ANNU-
AL AND LONG-TERM PERFORMANCE GOALS, AND ARE THE RESOURCE NEEDS PRESENTED
IN A COMPLETE AND TRANSPARENT MANNER IN THE PROGRAM'S BUDGET;
  (H) DOES THE PROGRAM USE STRONG FINANCIAL MANAGEMENT PRACTICES;
  (I) HAS THE PROGRAM DEMONSTRATED ADEQUATE PROGRESS  IN  ACHIEVING  ITS
LONG-TERM PERFORMANCE GOALS; AND
  (J)  DOES THE PROGRAM DEMONSTRATE IMPROVED EFFICIENCIES OR COST EFFEC-
TIVENESS IN ACHIEVING PROGRAM GOALS EACH YEAR.
  4. THE OFFICE SHALL ENSURE  THE  RESULTSNY.GOV  WEBSITE  SHALL  ENABLE
MEMBERS  OF  THE PUBLIC TO SUBMIT SUGGESTIONS AND RECOMMENDATIONS ON HOW
TO SAVE TAXPAYER MONEY, HELP ELIMINATE WASTEFUL  SPENDING,  AND  OPERATE
GOVERNMENT MORE EFFICIENTLY AND COST EFFECTIVELY. SUCH SUGGESTIONS SHALL
BE REVIEWED BY THE OFFICE AND DISPLAYED ON THE WEBSITE.
  S 5. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such effective date.