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A s s e m b l y m a n J i m Te d i s c o

Truth in Spending Bill

- Who Ordered the Pork?

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 )

Introduced by M. of A. TEDISCO, BARCLAY, BLANKENBUSH, BRABENEC, BUTLER, CROUCH, CURRAN,


DIPIETRO, DUPREY, FINCH, FRIEND, GARBARINO, GIGLIO, GOODELL, GRAF, HAWLEY, JOHNS, KEARNS,
LALOR, LAWRENCE, LOPEZ, LUPINACCI, MALLIOTAKIS, MCDONOUGH, MCLAUGHLIN, MONTESANO,
MURRAY, NOJAY, PALMESANO, PALUMBO, RA, RAIA, SALADINO, STEC, STECK, TENNEY, WALTER & WOZNIAK

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.

For Immediate Release: March 2, 2016


Contact:
Adam D. Kramer, 518-441-5183

Tedisco Unveils New Truth in Spending Bill to See


Who Ordered the Pork?
Assemblyman announces legislation to help the public follow the money and bring sunlight to
state spending in the shadows; Citizens Union, Empire Center, League of Women Voters and
NYPIRG applaud Tediscos leadership in introducing new bill
Assemblyman Jim Tedisco (R,C,I-Glenville) today announced new anti-corruption Truth in
Spending legislation that has the support of 40 sponsors so far, and which will require the executive and
legislature to fully disclose how any public funds they allocate are spent and where the money comes
from.
A new report Spending in the Shadows by Citizens Union found $2.4 billion in opaque funds
in 80 lump sum pots in the state budget which allow spending decisions to be made without an
appropriate level of transparency, scrutiny and review after the budget has passed. Dick Dadey, Executive
Director of Citizens Union, and Tim Hoefer, Executive Director of the Empire Center, were present at the
event to show to support for Assemblyman Tediscos leadership in bringing greater transparency to state
spending decisions. Barbara Bartoletti, from the League of Women Voters, and Blair Horner, from
NYPIRG, also are offering their support for Tediscos efforts.
The Truth in Spending legislation (bill # pending) is a response to the numerous public
corruption scandals that have rocked the state Capitol to its core over recent months through lack of
transparency in budget allocations, due to shadow spending where some leaders and members gamed the
system. U.S. Attorney Preet Bharara said, If you want to prevent corruption, dont enable it. If you want
to deter corrupt members, dont become their willing accomplices.
The taxpayers dollars and the state budget is not the leaders own personal piggy bank. This
truth in spending law is the hammer to smash open that piggy bank and act as a 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, media and all elected officials have a right to be
able to follow the money and know who ordered the pork, said Tedisco. This Truth in Spending law
will have the most transparent set of guidelines for public spending and taxpayer budget allocations in the
modern day history of New York.
Tediscos Truth in Spending bill requires member items, discretionary funds, and so-called
lump sum payments, for all legislators, which have been controlled by the Speaker of the Assembly,
Senate Majority Leader and Governor and negotiated in many instances behind closed doors, be made
public and fully transparent within the state budget for rank and file legislators, the public and media to
review. Specifically, the Truth in Spending Bill would require:
all legislative earmarks are for a public purpose and are clearly outlined within the state budget
for members, the public and media to review at least three days before being voted on.

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.

###

MEMORANDUM IN SUPPORT OF:


Assemblyman Tediscos Truth in Spending Act
TO:

New York State Assembly

DATE:

March 1, 2016

SUBJECT:

An act to amend the state finance law, in relation to enacting


the "Truth in Spending Act"

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.

TRUTH IN SPENDING LEGISLATION PROVISIONS:


The state finance law is amended by adding a new section 53-e
Prior to the disbursement of any budgetary allocation made pursuant to this article, section
ninety-nine-d of this chapter (which relates to the Community projects Fund), or subdivision
five of section twenty-four of this chapter at the request of the governor or member of the
legislature, the governor and the legislature shall:
1. Ensure that the funds shall include a brief description of the project to be funded.
2. Require the Governor or member of the legislature requesting such appropriation to
submit a signed conflict of interest form to be prescribed by the attorney general, which
shall be submitted to the attorney general to ensure that no conflict of interest exists.
3. Ensure that funds be used for a public purpose.
4. Such 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.
5. At least seventy-two hours prior to approval by the legislature of the state budget, or a
legislative bill containing an appropriation, the legislature must make public with respect
to each allocation, the member of the senate, the member of the assembly or the
governor sponsoring the allocation, the dollar amount to be appropriated, the senate
and assembly district in which the entity receiving such funding is principally located, the
name of the local project, organization or other entity receiving such allocation and a
description of the project to be funded or purpose for making such allocation. Such
publication shall, at a minimum, be made available on the website of each house of the
legislature and shall be accessible via a link on the homepage of such website. Such
webpage shall be in a machine readable format and shall include all memoranda of
understanding, plans, resolutions, contracts, and any other agreements related to the
distribution of funds to recipients.
6. Additionally, the Comptroller shall establish & maintain such information on a separate
website.
7. All allocation recipients shall provide certification of proper use of funds received.
8. Prior to submitting an application for an allocation, each organization seeking an
allocation shall meet the pre-certification standards as established by the office of the
New York State Attorney General. At a minimum, those standards shall require that the

organization seeking pre-certification is a certified, tax-exempt non-profit organization


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 capable
of accepting potential funding and that such entity is not in bankruptcy or arrears on any
state obligations.
9. Any allocation by the legislature 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.
10. Any violation of the provisions of this section shall be referred to the legislative ethics
commission or its successor entity. Complaints regarding the failure to use an allocation
to comply with the provisions of this chapter shall be submitted to (a) the legislative
ethics commission with regard to an allocation made at the discretion of a legislator, or
(b) the joint commission on public ethics with regard to an allocation made at the
discretion of the governor.
OTHER PROVISIONS
11. 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.
12. This act does not preclude either house of the legislature or the governor from adopting
more stringent standards through its own guidelines or through the application process.
13. Allocations made pursuant to article 4 or section 99-d of the state finance law shall
continue to be subject to review by the respective assembly and senate fiscal and
counsel staffs, division of the budget, the administering state agency, the office of the
state comptroller, and the office of the attorney general. Nothing in this act shall limit
the authority of the state comptroller and the attorney general to review allocation
recipients or discretionary grants.

NEW YORK STATE ASSEMBLY


INTRODUCERS MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 2 (a)
ASSEMBLY BILL: A.

SENATE BILL: S.

ASSEMBLY SPONSOR: James N. Tedisco


SENATE SPONSOR:
TITLE OF BILL: AN ACT to amend the state finance law, in relation to
enacting the "truth in spending act"
PURPOSE:
This bill requires a full disclosure of all lump sum funds and other monies
not specifically itemized in the New York State Budget where decisions about
spending purposes and recipients of such funds are currently deferred.
SUMMARY OF PROVISIONS:
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 ninety-nine-d of
this chapter (which relates to the Community projects Fund), or subdivision
five of section twenty-four of this chapter at the request of the governor
or member of the legislature, the governor and the legislature shall:

Ensure that the funds shall include a brief description of the project
to be funded.

Require the Governor or member of the legislature requesting such


appropriation to submit a signed conflict of interest form to be
prescribed by the attorney general, which shall be submitted to the
attorney general to ensure that no conflict of interest exists. Such
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
meets or exceeds four-thousand dollars were made within the past five
years.

Ensure that funds be used for a public purpose.


At least seventy-two hours prior to approval by the legislature of the
state budget, or a legislative bill containing an appropriation as
described in subdivision five of section twenty-four of this chapter
the legislature must make public with respect to each allocation, the
member of the senate, the member of the assembly or the governor
sponsoring the allocation, the dollar amount to be appropriated, the
senate and assembly district in which the entity receiving such funding
is principally located, the name of the local project, organization or

other entity receiving such allocation and a description of the project


to be funded or purpose for making such allocation. Such publication
shall, at a minimum, be made available on the website of each house of
the legislature and shall be accessible via a link on the homepage of
such website. Such webpage shall be in a machine readable format and
shall include all memoranda of understanding, plans, resolutions,
contracts, and any other agreements related to the distribution of
funds to recipients. Additionally, the comptroller shall establish and
maintain such information on a separate website.

All allocation recipients shall provide certification of proper use of


funds received.

Prior to submitting an application for an allocation, each


organization seeking an allocation shall meet the pre-certification
standards as established by the office of the New York State Attorney
General. At a minimum, those standards shall require that the
organization seeking pre-certification is a certified, tax-exempt nonprofit organization 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 capable
of accepting potential funding and that such entity is not in
bankruptcy or arrears on any state obligations.

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.

Any violation of the provisions of this section shall be referred to


the legislative ethics commission or its successor entity. Complaints
regarding the failure to use an allocation to comply with the
provisions of this chapter shall be submitted to (a) the legislative
ethics commission with regard to an allocation made at the discretion
of a legislator, or (b) the joint commission on public ethics with
regard to an allocation made at the discretion of the governor.

3. Subdivisions 4 and 5 of section 24 of the state finance law, as added by


chapter 1 of the laws of 2007, are amended to ensure designation for each
appropriation a grantee of such appropriation.
4. Section 40 of the state finance law is amended by adding two new
subdivisions 5 and 6 to read as follows:

Notwithstanding any other law, rule or regulation to the contrary,


The provisions of subdivision three of this section shall not be
superseded except upon approval by a two-thirds vote of the senate and
assembly.

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.

5. Subdivision 2 of section 24 of the state finance law is amended by


adding a new paragraph (c) to read as follows:
(c) On or after January first, two thousand seventeen, any budget bill

submitted by the governor shall only contain itemized appropriations.

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.

Legislative Bill Drafting Commission


13718-08-6

S.

-------Senate
--------

IN SENATE--Introduced by Sen

--read twice and ordered printed,


and when printed to be committed
to the Committee on

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

--read once and referred to the


Committee on

*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

a117 Blankenbush a095 Galef

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

a014 McDonough a067 Rosenthal

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

1) Single House Bill (introduced and printed separately in either or


both houses). Uni-Bill (introduced simultaneously in both houses and printed
as one bill. Senate and Assembly introducer sign the same copy of the bill).
2) Circle names of co-sponsors and return to introduction clerk with 2
signed copies of bill and 4 copies of memorandum in support (single house);
or 4 signed copies of bill and 8 copies of memorandum
in support (uni-bill).
LBDC 01/04/16

03/01/16

1
2
3
4

Section

1.

13718-08-6

This act shall be known and may be cited as the "truth in

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.

Subdivisions 4 and 5 of section 24 of the state finance law, as

added by chapter 1 of the laws of 2007, are amended to read as follows:


4. Any appropriation added to such budget bills, pursuant
of

to

section

24

four

article seven of the constitution, shall only contain itemized

25

appropriations which shall not be in the

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

that] for all non-federal state operations appropri-

03/01/16

13718-08-6

ations, such bill or bills shall only

and

by program and within each program at the following level of detail

in the following order:

contain

by

fund

type,

which

at

special revenue-other funds, capital projects

funds;

10

and

a minimum shall include general fund,

appropriations

shall be made, where practicable, by agency, and within each agency

(a)

itemized

funds

and

debt

service

(b) for personal service appropriations, separate appropriations shall


be

made

for

regular personal service, temporary personal service, and

holiday and overtime pay;

11

(c) for nonpersonal service

appropriations,

12

shall

13

equipment and fringe benefits, as appropriate.

14

separate

appropriations

be made for supplies and materials, travel, contractual services,

5. Any appropriation added pursuant to section four of


the

constitution

seven

15

of

16

only pursuant to a plan setting forth an itemized list of grantees

17

the

18

such appropriation. Such plan shall be subject to the

19

chair

20

and means committee, and the director

21

shall

22

for the expenditure of such monies, which resolution must be approved by

23

a majority vote of all members elected to each house upon

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

designating a grantee shall be allocated


with

received by each, or the methodology for allocating


approval

of

the

senate finance committee, the chair of the assembly ways


of

the

budget,

and

thereafter

be included in a [concurrent resolution] ________________


legislative bill calling

roll

call

________________________________________________________________
The provisions of this section shall not preclude members of the

03/01/16

1
2

13718-08-6

4. Section 40 of the state finance law is amended by adding two new

subdivisions 5 and 6 to read as follows:

______________________________________________________________________
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.

Subdivision 2 of section 24 of the state finance law is amended

by adding a new paragraph (c) to read as follows:


______________________________________________________________________
(c) On or after January first, two thousand seventeen, any budget bill
_____________________________________________________________________
submitted by the governor shall only contain itemized appropriations.

14

6. This act does not preclude either house of the legislature or the

15

governor from adopting more stringent standards through its

16

lines or through the application process.

17

own

guide-

7. Allocations made pursuant to article 4 or section 99-d, known as

18

the community projects fund, of the state finance law shall continue

19

be

20

counsel staffs, division of the budget, the administering state

21

the

22

general. Nothing in this act shall limit

23

comptroller

24

discretionary grants.

25

subject

office

to

of

to

review by the respective assembly and senate fiscal and

the

state

agency,

comptroller, and the office of the attorney


the

authority

of

the

state

and the attorney general to review allocation recipients or

8. This act shall take effect immediately.

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