What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for disclosure of memoranda of understanding regarding certain line item appropriations in the state budget
In Assembly Committee · Governmental Operations · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S50
Title of bill
An act to amend the public officers law and the state finance law, in relation to public disclosure of memoranda of understanding regarding certain line item appropriations in the state budget
Purpose
To provide transparency in the state budget regarding lump sum budget line items by making public any budget memoranda of understanding (MOU) or any segregation of lump sum appropriation under the state Freedom of Information Law (FOIL).
Summary of provisions
Adds a new paragraph k to subdivision 2 of section 88 of the public officers law requiring line item appropriation information to be available to the public through the state's Freedom of Information Law. This appropriation information must contain detailed information regarding the program or project being funded, how it was selected to receive funding, the parties involved in the selection process and the dollar amount of the appropriation.
The proposal also creates a new section 28 in the state finance law which requires that a memorandum of understanding or any lump sum appropriation greater than $250,000 contained in the state budget shall require a second passage by each house of the legislature. The second passage of the appropriation must contain language detailing the amount of the appropriation, the project, how it was chosen and parties involved in the selection process of the project.
This new section includes a requirement that a memoranda of understanding or lump sum appropriation less than $250,000 that does not specify the project being funded, the selection criteria, the parties involved in the selection process and the amount of the appropriation, must post this information on the Senate and Assembly web sites. This information must be posted no less than thirty days prior of the release of the funds to the appropriate state agency.
Justification
Large lump sum amounts in the state budget are often subject to Memoranda of Understanding (MOUs) between the leaders of the Legislature and the Executive. These funds are often distributed at the sole discretion of these leaders without the public's awareness of how the money is spent. The MOUs are often secret documents that are negotiated in private and members of the Senate and Assembly are expected to approve the expenditure of millions of dollars with no detail. This legislation makes MOUs public documents, requires they contain detailed information and that they be made available for review. The public has a right to know how taxpayer dollars are being appropriated before they are spent.
Legislative history
2009-10: S.5274 (Squadron) - Investigations and Governmental Operations, A.652 (Kavanagh) - Governmental Operations
2008: A.8243 (Kavanagh) - Governmental Operations 2007: A.8243 (Kavanagh) - Governmental Operations
Fiscal impact on the state
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.