Professional Documents
Culture Documents
A s s e m b l y
P r o p o s a l
( B i l l
N u m b e r
P e n d i n g )
The taxpayers dollars and the state budget are not the
leaders own personal piggy bank.
This truth in spending law is the hammer to smash open
that piggy bank and act as the magnifying glass to create
total transparency to see where the money comes from
as allocated in the state budget and how its being spent.
When it comes to legislative earmarks, taxpayers have a
right to be able to follow the money and know who ordered
the pork.
notification before the budget is passed and after the funds are distributed, detailing the purpose
of the earmarks, who will receive the money, and which legislative districts are impacted.
the Governor and legislators to sign sworn conflict of interest disclosure forms before any
recipient receives state funds. Such conflict of interest form shall require disclosure of all political
donations received within the past five years by such official from the intended recipient of
appropriated funding if the cumulative amount of such donations were made within the past five
years if aggregate is $4000.00 or more.
recipients must attest under penalty of perjury that their organization actually spent such funds in
the manner and for all the purposes designated in the application for allocation.
publicly posting spending allocations, signed disclosure forms, memorandums of understanding
and contracts online in an easy to read and analyze format on both the State Comptrollers
website and the Assembly and Senate website.
recipients seeking state funds must be certified as tax-exempt non-profit organizations under
section 501 (C) (3) of the Internal Revenue Code in New York State, a state agency, a
municipality or their affiliated department, university, college, or school district and that such
entity is not in bankruptcy or arrears on any state obligations.
With Citizens Union releasing its report, Spending in the Shadows: Discretionary Funding in the
NYS Executive Budget, this week, we are pleased that Assemblymember Tedisco is stepping out in front
of this issue, said Dick Dadey, Executive Director of Citizens Union. We welcome his leadership on
this by introducing legislation to bring greater transparency and accountability to the budgeting
process.
Hard-working New Yorkers are entitled to know how, why, when and by whom their tax dollars
are being spent. The Truth in Spending Act would lift the veil of secrecy that continues to cover much
of the pork barrel allocation process in Albany, making it easier for taxpayers to hold elected officials
more accountable for their decisions, said Tim Hoefer, Executive Director of the Empire Center.
The League of Women Voters supports Assemblyman Tediscos Truth in Spending bill and
hopes that it will both deter corruption in our state government and provide much needed transparency,
said Barbara Bartoletti, Legislative Director of the League of Women Voters of New York State
We welcome Assemblyman Tedisco's 'Truth in Spending Act' as another example of the
growing rank-and-file chorus for reform in Albany, said Blair Horner, NYPIRG's Executive
Director. Taxpayers deserve a strict accounting of how their money gets spent and the Assemblyman's
proposal properly focuses on too hidden state spending. We hope this legislation triggers a debate over
the need for greater budget transparency.
This bill allows legislators, the public and media to weigh-in on the appropriateness of these
allocations before the budget is passed to better engage citizens in this representative democracy. This
measure moves us toward the goal of achieving stronger ethics reform for the Executive and Legislature,
along with providing greater transparency, accountability and public trust, said Tedisco.
###
DATE:
March 1, 2016
SUBJECT:
The League of Women Voters of New York State supports the above referenced legislation
which would ensure state funds are used only for the purpose stated in a funding request.
Under current law, budget line items which are not specifically itemized can be spent freely
without the legislature having to disclose specifics on where the funds will be allocated. This
loophole allows legislators to earmark funds for certain projects for their own benefit. Legislators
have used this oversight to distribute money to themselves, their friends, and family members.
Countless members have used this loophole for their own gain, including former Assembly
Speaker Sheldon Silver who steered state funds in exchange for patient referrals to the private
law firm for which he received compensation.
Assemblyman Tediscos Truth in Spending Act will ensure that state funds cannot be distributed
without disclosure and justification. The bill will require that state agencies track the funding
they distribute to ensure the funds are being spent in a manner consistent with their designated
application. The State Attorney General will assist in monitoring this act by requiring disclosure
forms and reviewing the credentials of organizations applying for state funding. The Attorney
General will also maintain a separate website to help increase transparency.
New Yorkers deserve to know where and how their tax dollars are being sent. This act will
inform the public with greater detail on where public money is being spent and will hold
legislators accountable when funds are improperly spent.
For the above reasons, the League of Women Voters of New York State strongly urges your
support Assemblyman Tediscos Truth in Spending Act.
SENATE BILL: S.
Ensure that the funds shall include a brief description of the project
to be funded.
Any allocation by the legislature and the governor shall be set forth
separately and apart from any other allocation in the state budget in
order to clearly identify each legislators or the governors request.
JUSTIFICATION:
The taxpayers dollars and the state budget is not any leaders or rank and
file members own personal piggy bank. This truth in spending law is the
hammer to smash open that piggy bank and create total transparency to see
where the money comes from as allocated in the state budget and how its
being spent. When it comes to legislative earmarks, taxpayers have a right to
be able to follow the money and know who ordered the pork.
This legislation is a response to the numerous public corruption scandals
that have rocked the state Capitol to its core over recent months and years.
While the vast majority of legislators serve their constituents with honor
and integrity, there is a large minority of members who have betrayed their
oaths of office and traded official actions for quid pro quos. Public
corruption is not a partisan issue and the solution must be bi-partisan in
nature. That's why we need the enhanced transparency of a Truth in Spending
law because the legislature has shown an inability to police itself.
As recent as November of 2015, a former Assembly Speaker was convicted of 7
felony counts of federal corruption charges in a kick-back scheme where he
gave $500,000 in state lump sum tax dollars to a physician who would refer
patients to the Speakers law firm where he would get referral fees. In
December 2015, the Senate Majority Leader was convicted on 8 felonies related
to public corruption.
Exemplary to the widespread nature of this problem, 28 New York State
legislators have left office due to ethical issues since the year 2000.
The federal prosecutor has inferred that the largest asset the previous
Speaker of the Assembly and Senate Majority Leader had to game the system and
fail their oath of office and involve themselves in corruption was unbridled
power and a lack of oversight, transparency, and a policing of their actions.
Rank and file members have ceded too much power in the hands of a few leaders
for far too long. This legislation will help take some of that power back.
This measure will inform the public, lawmakers, interested parties, and the
media in greater detail as to how tax dollars are being spent, and enable
constituents to hold their elected officials accountable for such
allocations.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
S.
-------Senate
--------
IN SENATE--Introduced by Sen
IN SENATE____________________________________________________
Senate introducer's signature
The senators whose names are circled below wish to join me in the sponsorship
of this proposal:
s15 Addabbo
s31 Espaillat
s27 Hoylman
s40 Murphy
s52 Akshar
s49 Farley
s63 Kennedy
s54 Nozzolio
s23 Savino
s46 Amedore
s17 Felder
s34 Klein
s58 O'Mara
s41 Serino
s11 Avella
s02 Flanagan
s28 Krueger
s62 Ortt
s29 Serrano
s42 Bonacic
s55 Funke
s24 Lanza
s60 Panepinto
s51 Seward
s04 Boyle
s59 Gallivan
s39 Larkin
s21 Parker
s26 Squadron
s44 Breslin
s12 Gianaris
s37 Latimer
s13 Peralta
s16 Stavisky
s38 Carlucci
s22 Golden
s01 LaValle
s30 Perkins
s35 Stewart-
s14 Comrie
s47 Griffo
s45 Little
s19 Persaud
s03 Croci
s20 Hamilton
s05 Marcellino
s61 Ranzenhofer
s53 Valesky
s50 DeFrancisco
s06 Hannon
s43 Marchione
s48 Ritchie
s08 Venditto
s32 Diaz
s36 Hassell-
s07 Martins
s33 Rivera
s57 Young
s25 Montgomery
s56 Robach
s09
s18 Dilan
-------- A.
Assembly
-------IN ASSEMBLY--Introduced by M. of A.
with M. of A. as co-sponsors
*STATFILA*
(Enacts the "truth in spending act")
-------St Fin. trth spndng
AN ACT
to amend the state finance law, in
relation to enacting the "truth in
spending act"
__________________________________
The
People of the State of New
York, represented in Senate
____________________________________
and
Assembly, do enact as follows:
______________________________
s10 Sanders
Thompson
Cousins
IN ASSEMBLY__________________________________________________
Assembly introducer's signature
The Members of the Assembly whose names are circled below wish to join me in the
multi-sponsorship of this proposal:
a049 Abbate
a054 Dilan
a135 Johns
a003 Murray
a076 Seawright
a092 Abinanti
a081 Dinowitz
a077 Joyner
a133 Nojay
a087 Sepulveda
a084 Arroyo
a147 DiPietro
a020 Kaminsky
a037 Nolan
a027 Simanowitz
a035 Aubry
a115 Duprey
a094 Katz
a130 Oaks
a052 Simon
a120 Barclay
a004 Englebright
a074 Kavanagh
a069 O'Donnell
a036 Simotas
a106 Barrett
a109 Fahy
a142 Kearns
a051 Ortiz
a104 Skartados
a060 Barron
a071 Farrell
a040 Kim
a091 Otis
a099 Skoufis
a082 Benedetto
a126 Finch
a131 Kolb
a132 Palmesano
a022 Solages
a042 Bichotte
a008 Fitzpatrick
a105 Lalor
a002 Palumbo
a114 Stec
a079 Blake
a124 Friend
a013 Lavine
a088 Paulin
a110 Steck
a134 Lawrence
a141 Peoples-
a098 Brabenec
a050 Lentol
a137 Gantt
Stokes
a127 Stirpe
a112 Tedisco
a026 Braunstein
a007 Garbarino
a125 Lifton
a058 Perry
a101 Tenney
a044 Brennan
a148 Giglio
a072 Linares
a086 Pichardo
a001 Thiele
a119 Brindisi
a080 Gjonaj
a102 Lopez
a089 Pretlow
a061 Titone
a138 Bronson
a066 Glick
a123 Lupardo
a073 Quart
a031 Titus
a093 Buchwald
a023 Goldfeder
a010 Lupinacci
a019 Ra
a055 Walker
a118 Butler
a150 Goodell
a121 Magee
a012 Raia
a146 Walter
a103 Cahill
a075 Gottfried
a129 Magnarelli
a006 Ramos
a041 Weinstein
a145 Ceretto
a005 Graf
a064 Malliotakis
a043 Richardson
a024 Weprin
a033 Clark
a100 Gunther
a030 Markey
a078 Rivera
a113 Woerner
a047 Colton
a046 Harris
a090 Mayer
a056 Robinson
a143 Wozniak
a032 Cook
a139 Hawley
a108 McDonald
a068 Rodriguez
a070 Wright
a144 Corwin
a083 Heastie
a096 Zebrowski
a085 Crespo
a028 Hevesi
a017 McKevitt
a025 Rozic
a059
a122 Crouch
a048 Hikind
a107 McLaughlin
a116 Russell
a062
a021 Curran
a018 Hooper
a038 Miller
a149 Ryan
a065
a063 Cusick
a128 Hunter
a015 Montesano
a009 Saladino
a045 Cymbrowitz
a029 Hyndman
a136 Morelle
a111 Santabarbara
a053 Davila
a097 Jaffee
a057 Mosley
a016 Schimel
a034 DenDekker
a011 Jean-Pierre
a039 Moya
a140 Schimminger
03/01/16
1
2
3
4
Section
1.
13718-08-6
spending act".
2. The state finance law is amended by adding a new section 53-e
to
read as follows:
______________________________________________________________________
53-e. Appropriations; full disclosure. 1. Prior to the disbursement
________________________________________________________________________
of any budgetary allocation made pursuant to this article, section nine-
________________________________________________________________________
ty-nine-d of this chapter, or subdivision five of section twenty-four of
________________________________________________________________________
this chapter at the request of the governor or member of the legisla-
_____________________________________________
ture, the governor and the legislature shall:
10
11
______________________________________________________________________
(a) ensure that funds shall include a brief description of the project
_____________
to be funded;
12
______________________________________________________________________
(b) require the governor or member of the legislature requesting such
13
________________________________________________________________________
appropriation to sign a conflict of interest form, as prescribed by the
14
________________________________________________________________________
attorney general, which shall be submitted to the attorney general to
15
________________________________________________________________________
ensure that no conflict of interest exists. Such form shall require
16
________________________________________________________________________
disclosure of all political donations received within the past five
17
________________________________________________________________________
years by such official from the intended recipient of appropriated fund-
18
________________________________________________________________________
ing if the cumulative amount of such donations meets or exceeds four
19
________________________________________________________________________
thousand dollars and were made within the past five years. Such form
20
________________________________________________________________________
shall be signed by the governor or member of the legislature under
21
________________________________________________________________________
penalty of perjury and shall be filed, in the case of a member of the
22
________________________________________________________________________
assembly, the clerk of the assembly and in the case of a member of the
23
________________________________________________________________________
senate, the sergeant at arms of the senate. Such requested appropri-
24
________________________________________________________________________
ation shall not be provided if a conflict of interest exists between the
25
________________________________________________________________________
governor or a member of the legislature designating the appropriation
26
________________________________________________________________________
and the potential recipient. Such appropriations shall not be provided
27
________________________________________________________________________
to organizations that employ or otherwise compensate the governor or
28
________________________________________________________________________
member of the legislature, governor's family or legislator's family, any
03/01/16
13718-08-6
________________________________________________________________________
person sharing the primary residence of the governor or member of the
________________________________________________________________________
legislature or the governor's or a member of the legislature's staff for
________________________________________________________________________
services or labor rendered. Furthermore such appropriations shall not be
________________________________________________________________________
designated if the governor or member of the legislature, a member of the
________________________________________________________________________
governor's or member of the legislator's family, any person sharing the
________________________________________________________________________
primary residence of the governor or member of the legislature or a
________________________________________________________________________
member of the governor's or member of the legislature's staff is
________________________________________________________________________
involved with the operations of the organization which would receive
________________________________________________________________________
such appropriation in a decision-making capacity including, but not
10
________________________________________________________________________
limited to, working on an unpaid, volunteer basis or as a member of the
11
_______________________________________
directing board of an organization; and
12
___________________________________________________
(c) ensure that funds be used for a public purpose.
13
______________________________________________________________________
2. At least seventy-two hours prior to approval by the legislature of
14
________________________________________________________________________
the state budget, or a legislative bill containing an appropriation as
15
________________________________________________________________________
described in subdivision five of section twenty-four of this chapter the
16
________________________________________________________________________
legislature must make public with respect to each allocation, the member
17
________________________________________________________________________
of the senate, the member of the assembly or the governor sponsoring the
18
________________________________________________________________________
allocation, the dollar amount to be appropriated, the senate and assem-
19
________________________________________________________________________
bly district in which the entity receiving such funding is principally
20
________________________________________________________________________
located, the name of the local project, organization or other entity
21
________________________________________________________________________
receiving such allocation and a description of the project to be funded
22
________________________________________________________________________
or purpose for making such allocation.
Such publication shall, at a
23
________________________________________________________________________
minimum, be made on the website of each house of the legislature and
24
________________________________________________________________________
shall be accessible via a link on the home page of such website. Such
25
________________________________________________________________________
webpage shall be in a machine readable format and shall include all
26
________________________________________________________________________
memoranda of understanding, plans, resolutions, contracts, and any other
27
________________________________________________________________________
agreements related to the distribution of funds to recipients. Addi-
03/01/16
13718-08-6
________________________________________________________________________
tionally, the comptroller shall establish and maintain such information
______________________
on a separate website.
______________________________________________________________________
3. All allocation recipients shall provide certification of proper use
________________________________________________________________________
of funds received. For allocations totaling less than fifty thousand
________________________________________________________________________
dollars, a duly authorized representative of the allocation recipient's
________________________________________________________________________
organization shall attest under penalty of perjury that the recipient
________________________________________________________________________
organization actually spent such funds in the manner and for the
________________________________________________________________________
purposes designated in any application for an allocation. For allo-
________________________________________________________________________
cations totaling more than fifty thousand dollars, a duly authorized
10
________________________________________________________________________
representative of the recipient organization shall attest under penalty
11
________________________________________________________________________
of perjury that the recipient organization actually spent the money in
12
________________________________________________________________________
the manner and for the purposes designated in its application for such
13
________________________________________________________________________
allocation and shall file a final report, under penalty of perjury,
14
________________________________________________________________________
detailing the expenditures. Such report shall be submitted by May thir-
15
________________________________________________________________________
ty-first of the calendar year following the calendar year in which the
16
________________________________________________________________________
allocation was made and shall follow the requirements established by the
17
________________________________________________________________________
attorney general. No future allocation shall be approved for an organ-
18
________________________________________________________________________
ization which has previously received an allocation until such documents
19
________________________________________________________________________
have been signed and received by the office of the New York state attor-
20
____________
ney general.
21
______________________________________________________________________
4. Prior to submitting an application for an allocation, each organ-
22
________________________________________________________________________
ization seeking an allocation shall meet pre-certification standards as
23
________________________________________________________________________
established by the office of the New York state attorney general. At a
24
________________________________________________________________________
minimum, those standards shall require that the organization seeking
25
________________________________________________________________________
pre-certification is a certified tax-exempt non-profit organization
26
________________________________________________________________________
under section 501(c)(3) of the Internal Revenue Code in New York state,
27
________________________________________________________________________
a state agency, a municipality or their affiliated department, universi-
28
________________________________________________________________________
ty, college, or school district capable of accepting potential funding
03/01/16
13718-08-6
________________________________________________________________________
and that such entity is not in bankruptcy or arrears on any state obli-
________________________________________________________________________
gations. If an organization has received an allocation in the past, the
________________________________________________________________________
organization shall also comply with the requirements of subdivision
________________________________________________________________________
three of this section. No application from any organization shall be
________________________________________________________________________
considered by a legislator until the office of the New York state attor-
________________________________________________________________________
ney general has certified such organization based upon the criteria set
________________________________________________________________________
forth in this subdivision and upon any additional regulatory standards
____________________________________
established by the attorney general.
______________________________________________________________________
5. Any allocation by the legislature and the governor shall be set
10
________________________________________________________________________
forth separately and apart from every other allocation in the state
11
________________________________________________________________
budget and identify each legislator's or the governor's request.
12
______________________________________________________________________
6. Any violation of the provisions of this section shall be referred
13
________________________________________________________________________
to
the
legislative
ethics commission or its successor entity.
14
________________________________________________________________________
Complaints regarding the failure to use an allocation to comply with the
15
________________________________________________________________________
provisions of this chapter shall be submitted to (a) the legislative
16
________________________________________________________________________
ethics commission with regard to an allocation made at the discretion of
17
________________________________________________________________________
a legislator, or (b) the joint commission on public ethics with regard
18
________________________________________________________________________
to an allocation made at the discretion of the governor. Each complaint
19
________________________________________________________________________
shall be investigated in accordance with the rules and procedures of the
20
___________________________________
commission receiving the complaint.
21
22
23
3.
to
section
24
four
25
26
ations[,]
27
___________________________________________________________________
appropriation, and the legislator requesting such appropriation
28
[provided
form
of
lump
sum
appropri-
_____________________________________________________________
and shall designate for each appropriation a grantee of such
further
and
03/01/16
13718-08-6
and
contain
by
fund
type,
which
at
funds;
10
and
appropriations
(a)
itemized
funds
and
debt
service
made
for
11
appropriations,
12
shall
13
14
separate
appropriations
constitution
seven
15
of
16
17
the
18
19
chair
20
21
shall
22
23
24
vote.
25
________________________________________________________________________
legislature from collaborating with each other in the selection of allo-
26
________________________________________________________________________
cations and packaging their individual allocations together with other
27
______________________________________________________________
members' allocations for specified regional or joint projects.
amount
of
to
the
be
without
article
of
the
the
budget,
and
thereafter
roll
call
________________________________________________________________
The provisions of this section shall not preclude members of the
03/01/16
1
2
13718-08-6
______________________________________________________________________
5. Notwithstanding any other law, rule or regulation to the contrary,
________________________________________________________________________
the provisions of subdivision three of this section shall not be super-
________________________________________________________________________
seded except upon approval by a two-thirds vote of the senate and assem-
____
bly.
______________________________________________________________________
6. A resolution providing for the disbursement of funds pursuant to
________________________________________________________________________
any provision of law shall not be approved less than seventy-two hours
__________________________________________________
subsequent to the introduction of such resolution.
10
11
12
13
5.
14
6. This act does not preclude either house of the legislature or the
15
16
17
own
guide-
18
the community projects fund, of the state finance law shall continue
19
be
20
21
the
22
23
comptroller
24
discretionary grants.
25
subject
office
to
of
to
the
state
agency,
authority
of
the
state