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

                                 2664--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced  by Sens. KRUEGER, MONTGOMERY, PERKINS, SERRANO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Finance -- recommitted to the Committee on  Finance  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to  enacting  the  online
  revenues and expenditures transparency act

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

  Section 1. The executive law is amended by adding a new section 184 to
read as follows:
  S 184. ONLINE REVENUES AND EXPENDITURES TRANSPARENCY ACT.  1.    DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A)  "SEARCHABLE  BUDGET  DATABASE  WEBSITE" SHALL MEAN A WEBSITE THAT
ALLOWS THE PUBLIC AT NO COST TO SEARCH FOR, OBTAIN,  AND  AGGREGATE  THE
INFORMATION IDENTIFIED IN THIS SECTION.
  (B)  "ENTITY  AND/OR  RECIPIENTS"  SHALL MEAN ANY CORPORATION, ASSOCI-
ATION, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, OR  ANY
OTHER  LEGAL  BUSINESS  ENTITY.  IT  SHALL  ALSO  INCLUDE ANY GRANTEE OR
SUBGRANTEE, CONTRACTOR OR SUBCONTRACTOR, COUNTY,  CITY  OR  OTHER  LOCAL
GOVERNMENT  ENTITY.  IT  SHALL  NOT  INCLUDE ANY INDIVIDUAL RECIPIENT OF
STATE ASSISTANCE.
  (C) "AGENCY" SHALL MEAN ANY STATE DEPARTMENT, OFFICE,  BOARD,  COMMIS-
SION, BUREAU, DIVISION, INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION.
"AGENCY"  SPECIFICALLY  INCLUDES  ANY AUTHORITY CREATED BY AN ACT OF THE
STATE LEGISLATURE, INCLUDING THOSE AUTHORITIES NOT RECEIVING  STATE  TAX
REVENUE.  THIS  INCLUDES INDIVIDUAL STATE AGENCIES AND PROGRAMS, AS WELL
AS THOSE PROGRAMS AND ACTIVITIES  THAT  CROSS  AGENCY  LINES,  AND  ALSO
INCLUDES  ALL ELECTIVE OFFICES IN THE EXECUTIVE BRANCH OF GOVERNMENT AND
THE LEGISLATURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03354-02-6

              

S. 2664--A                          2

  (D) "FUNDING SOURCE" SHALL MEAN  THE  STATE  ACCOUNT  FROM  WHICH  THE
EXPENDITURE IS APPROPRIATED.
  (E)  "FUNDING ACTION OR EXPENDITURE" SHALL INCLUDE DETAILS ON THE TYPE
OF SPENDING, BOTH APPROPRIATED EXPENDITURES, SUCH AS GRANTS,  CONTRACTS,
AND  APPROPRIATIONS,  AND  TAX  EXPENDITURES,  AS DEFINED BY SECTION ONE
HUNDRED EIGHTY-ONE OF THIS ARTICLE. WHERE POSSIBLE, A HYPERLINK  TO  THE
ACTUAL GRANTS OR CONTRACTS SHALL BE PROVIDED.
  (F)  "EXPECTED OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSI-
DIES INCLUDING TAX EXEMPTIONS, CREDITS, DIRECT GRANTS, OR INFRASTRUCTURE
ASSISTANCE, THE NUMBER AND QUALITY OF JOBS TO BE  CREATED  OR  RETAINED,
INCLUDING  WAGES  AND  BENEFITS, THE DATE THE JOB GOALS WILL BE REACHED,
THE ESTIMATED INCREASE TO THE STATE TAX BASE,  AND  WHETHER  THE  FUNDED
PROJECT  INVOLVES  THE  RELOCATION  OF  JOBS AND IF SO HOW MANY AND FROM
WHERE.
  (G) "FINAL OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSIDIES,
INCLUDING TAX EXEMPTIONS,  CREDITS,  DIRECT  GRANTS,  OR  INFRASTRUCTURE
ASSISTANCE, THE NUMBER AND QUALITY OF JOBS ACTUALLY CREATED OR RETAINED,
INCLUDING  WAGES  AND BENEFITS, AND THE ACTUAL INCREASE TO THE STATE TAX
BASE FOR THE FISCAL YEAR  IN  WHICH  BENEFIT  WAS  GIVEN.  THE  OUTCOMES
ACHIEVED  SHALL ALSO INCLUDE ANY MONEY RECAPTURED FROM CORPORATE SUBSIDY
RECIPIENTS FOR FAILURE TO MEET EXPECTED PERFORMANCE OUTCOMES.
  (H) "STATE AUDIT OR REPORT" SHALL INCLUDE ANY AUDIT OR  REPORT  ISSUED
BY  THE  COMPTROLLER,  ATTORNEY  GENERAL,  AGENCY,  LEGISLATIVE AUDITOR,
LEGISLATIVE COMMITTEE, OR EXECUTIVE BODY RELATING TO THE PAST OR CURRENT
PERFORMANCE  OF  THE  ENTITY  OR  RECIPIENT  OF  FUNDS  OR  THE   BUDGET
PROGRAM/ACTIVITY  OR  AGENCY  WHICH  THE DIRECTOR OF THE BUDGET DEEMS AS
RELEVANT.
  2. NO LATER THAN JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE DIRECTOR OF
THE OFFICE FOR TECHNOLOGY, IN COLLABORATION WITH  THE  DIRECTOR  OF  THE
BUDGET,  SHALL  DEVELOP  A  SINGLE,  SEARCHABLE  BUDGET DATABASE WEBSITE
ACCESSIBLE BY THE PUBLIC AT NO COST, THAT INCLUDES:
  (A) ANNUAL STATE EXPENDITURES OR FUNDING ACTIONS PROVIDED TO ANY ENTI-
TY, RECIPIENT OR AGENCY, AS DETERMINED BY THE  DIRECTOR  OF  THE  BUDGET
INCLUDING THE NAME AND LOCATION OF ANY SUCH ENTITY, RECIPIENT OR AGENCY,
THE  FUNDING  SOURCE,  THE  AMOUNT  OF  FUNDS APPROPRIATED INCLUDING TAX
EXPENDITURES OR OTHER SUBSIDIES, THE FUNDING AGENCY OR AUTHORITY, AND  A
DESCRIPTION  OF THE PURPOSE OF THE FUNDING ACTION OR EXPENDITURE. IF THE
FUNDING ACTION OR EXPENDITURE IS A TAX  EXPENDITURE,  INFORMATION  ABOUT
THE  EXPECTED  OUTCOME  OF  SUCH  TAX  EXPENDITURE SHALL BE INCLUDED AND
INFORMATION CONCERNING THE FINAL OUTCOME SHALL BE PROVIDED WITHIN THIRTY
DAYS FROM WHEN IT IS REPORTED TO THE APPROPRIATE STATE AGENCY;
  (B) BOND DEBT PAYMENTS AND DEBT SERVICE INCLUDING, BUT NOT LIMITED TO,
AMOUNTS OF BOND INTEREST PAID AND SOURCES OF FUNDS PAID  FOR  INDIVIDUAL
BOND ISSUES;
  (C)  LOCAL  AID  TO  CITIES  AND  TOWNS INCLUDING, BUT NOT LIMITED TO,
AMOUNTS PAID TO INDIVIDUAL UNITS OF GOVERNMENT  FOR  INDIVIDUALLY  IDEN-
TIFIABLE AID PROGRAMS;
  (D) ANNUAL REVENUES, AS DETERMINED BY THE DIRECTOR OF THE BUDGET WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I)  RECEIPTS  OR DEPOSITS BY ANY AGENCY INTO FUNDS ESTABLISHED WITHIN
THE STATE TREASURY;
  (II) TAX REVENUE RECEIVED;
  (III) AGENCY EARNINGS INCLUDING, BUT NOT LIMITED TO, AMOUNTS COLLECTED
BY EACH AGENCY FOR MERCHANDISE SOLD, SERVICES  PERFORMED,  LICENSES  AND
PERMITS ISSUED, OR REGULATION;

S. 2664--A                          3

  (IV)  REVENUE  FOR  THE  USE  OF MONEY AND PROPERTY INCLUDING, BUT NOT
LIMITED TO, AMOUNTS RECEIVED FOR COMPENSATION FOR THE USE OF STATE-OWNED
MONEY AND PROPERTY;
  (V) GIFTS, DONATIONS AND FEDERAL GRANTS INCLUDING, BUT NOT LIMITED TO,
AMOUNTS RECEIVED FROM PUBLIC AND PRIVATE ENTITIES TO AID IN SUPPORT OF A
SPECIFIC FUNCTION OR OTHER GOVERNMENTAL ACTIVITY; AND
  (VI) OTHER REVENUE INCLUDING, BUT NOT LIMITED TO, RECEIPTS NOT CLASSI-
FIED ELSEWHERE.
  (E) ANNUAL BONDED INDEBTEDNESS WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE AMOUNT OF THE TOTAL ORIGINAL OBLIGATION STATED IN TERMS OF PRIN-
CIPAL  AND  INTEREST,  THE TERM OF THE OBLIGATION, THE SOURCE OF FUNDING
FOR REPAYMENT OF THE OBLIGATION, THE AMOUNTS OF PRINCIPAL  AND  INTEREST
PREVIOUSLY  PAID  TO REDUCE THE OBLIGATION, THE BALANCE REMAINING OF THE
OBLIGATION, ANY REFINANCING OF THE OBLIGATION, AND THE  CITED  STATUTORY
AUTHORITY TO ISSUE SUCH BONDS.
  (F) A LINK TO ANY STATE AUDIT OR REPORT.
  (G)  ANY  OTHER  RELEVANT INFORMATION SPECIFIED BY THE DIRECTOR OF THE
BUDGET.
  3. NO LATER THAN FEBRUARY FIRST, TWO THOUSAND EIGHTEEN,  THE  DIRECTOR
OF  THE  BUDGET  SHALL PUT INTO OPERATION THE SEARCHABLE BUDGET DATABASE
WEBSITE.
  4. THE SEARCHABLE BUDGET DATABASE WEBSITE SHALL RETAIN INFORMATION FOR
EACH FISCAL YEAR ON THE SINGLE WEBSITE FOR NOT LESS THAN TEN  YEARS  AND
SHALL INCLUDE DATA FOR THE MOST RECENT FISCAL YEARS.
  5. THE DIRECTOR OF THE BUDGET SHALL UPDATE THE SEARCHABLE BUDGET DATA-
BASE  WEBSITE  AS NEW DATA BECOMES AVAILABLE TO HIM OR HER. ALL AGENCIES
SHALL PROVIDE TO THE DIRECTOR OF THE BUDGET ALL DATA THAT IS REQUIRED TO
BE INCLUDED IN THE SEARCHABLE BUDGET DATABASE  WEBSITE  NOT  LATER  THAN
THIRTY DAYS AFTER THE DATA BECOMES AVAILABLE TO THE AGENCY. THE DIRECTOR
OF  THE  BUDGET SHALL PROVIDE GUIDANCE TO AGENCY HEADS TO ENSURE COMPLI-
ANCE WITH THIS SECTION.
  6. NOTHING IN THIS SECTION SHALL PERMIT  OR  REQUIRE  THE  LISTING  OF
INDIVIDUAL BUSINESSES' TAX LIABILITY, PROFITS, SALES OR LOSSES.
  7. THE DIRECTOR OF THE BUDGET AND THE DIRECTOR OF THE OFFICE FOR TECH-
NOLOGY  SHALL  NOT  BE CONSIDERED IN COMPLIANCE WITH THIS SECTION IF THE
DATA REQUIRED FOR THE SEARCHABLE BUDGET DATABASE WEBSITE IS  NOT  AVAIL-
ABLE IN A SEARCHABLE AND AGGREGATE MANNER OR IF THE PUBLIC IS REDIRECTED
BY  THE SEARCHABLE BUDGET DATABASE WEBSITE TO OTHER GOVERNMENT WEBSITES,
UNLESS EACH OF THOSE WEBSITES COMPLIES WITH  THE  REQUIREMENTS  OF  THIS
SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.