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

                                 2233--A
    Cal. No. 267

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced by Sens. GRIFFO, AVELLA, MAZIARZ, RANZENHOFER, SEWARD -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Energy and Telecommunications -- reported favorably  from
  said  committee  and 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 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-

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

                                                           LBD06466-02-3

S. 2233--A                          2

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.
  S  2.  Section  103 of the state technology law is amended by adding a
new subdivision 22 to read as follows:
  22. 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 FOUR 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 4  to
read as follows:
                               ARTICLE IV
                            RESULTSNY.GOV ACT
SECTION 401. SHORT TITLE.
        402. DEFINITIONS.
        403. RESULTSNY.GOV.
  S  401.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "RESULTSNY.GOV ACT".
  S 402. 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 403. 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

S. 2233--A                          3

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:
  (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.