Requires comptroller and legislative approval of any contract between a corporation and New York state that would require the relocation of 75 or more employees across county lines.

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S1147-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S1147-2013 Memo

BILL NUMBER:S1147

TITLE OF BILL:
An act
to amend the general obligations law and the state finance law, in
relation to imposing certain contractual obligations upon the state

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to bring a needed structure to the
process of determining whether a relocation across county lines, of
75 or more state employees, is justifiable.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The general obligations law is amended by adding a new
section 5-337 to require approval of the State Comptroller and the
State Legislature by concurrent resolution, of any contract which
involves the relocation across county lines of seventy-five or more
employees who are performing a public function.
Section 2. Subdivision 2 of section 112 of the state finance law
is amended by adding a new paragraph c.

JUSTIFICATION:
This legislation would require the approval of the Comptroller and
Legislature of any decision involving the relocation across county
lines, of 75 or more employees. Currently, there is no formal
approval process for such contracts. The relocation is determined by
a few state officials and may not always be in the best interest of
the public employees or the state. Requiring approval of both the
Comptroller and Legislature will bring a needed structure to the
process. Involving additional government scrutiny in the approval
process will ensure there is a justification for each move.

PRIOR LEGISLATIVE HISTORY:
2011/12: A.900A/S.1165A Remained in the Senate Committee on the
Judiciary and the Assembly Committee on Ways and Means
2009/10: A.1036A/S.399-A
2007/08: A.1537A/S.817A
2005/06: A.1436/S.710
2003/04: A.2735/S.1241
2001/02: A.4663/S.2478
1999/00: A.3129A/S.1816A
1997/98: A.9353/S.6235

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after January 1, 2013.

S1147-2013 Text

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

                                    1147

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sens. BRESLIN, SAMPSON -- read twice and ordered printed,
    and when printed to be committed to the Committee on Judiciary

  AN ACT to amend the general obligations law and the state  finance  law,
    in relation to imposing certain contractual obligations upon the state

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


    Section 1. The general obligations law is  amended  by  adding  a  new
  section 5-337 to read as follows:

    S  5-337. APPROVAL OF CONTRACTS BY THE COMPTROLLER AND THE LEGISLATURE
  REQUIRED.  EVERY  UNDERTAKING  OR  PROMISE,  WHETHER  WRITTEN  OR  ORAL,
  EXPRESSED  OR  IMPLIED,  CONSTITUTING  OR  CONTAINED, IN ANY CONTRACT OR
  AGREEMENT BETWEEN ANY PERSON, FIRM, COMPANY, ASSOCIATION OR CORPORATION,
  WHICH INVOLVES THE RELOCATION ACROSS COUNTY  LINES  OF  SEVENTY-FIVE  OR
  MORE  PUBLIC  EMPLOYEES OR A COMBINATION OF PUBLIC AND PRIVATE EMPLOYEES
  WHO ARE PERFORMING A PUBLIC FUNCTION SHALL BE    NULL  AND  VOID  UNLESS
  SPECIFICALLY APPROVED BY  (A) THE COMPTROLLER AND (B) THE STATE LEGISLA-
  TURE BY CONCURRENT RESOLUTION DULY ADOPTED, IN THAT ORDER.
    S  2. Subdivision 2 of section 112 of the state finance law is amended
  by adding a new paragraph (c) to read as follows:

    (C) BEFORE ANY CONTRACT MADE FOR, OR BY ANY STATE AGENCY,  DEPARTMENT,
  BOARD,  OFFICER,  COMMISSION  OR INSTITUTION SHALL BE EXECUTED OR BECOME
  EFFECTIVE,  WHENEVER  SUCH   CONTRACT   INVOLVES   THE   RELOCATION   OF
  SEVENTY-FIVE  OR  MORE  STATE EMPLOYEES, OR SEVENTY-FIVE OR MORE PRIVATE
  SECTOR EMPLOYEES PERFORMING A PUBLIC  FUNCTION  OR  ANY  COMBINATION  OF
  SEVENTY-FIVE  OR  MORE  PUBLIC AND PRIVATE EMPLOYEES PERFORMING A PUBLIC
  FUNCTION, IT SHALL FIRST BE APPROVED BY THE COMPTROLLER AND    THEN  THE
  STATE LEGISLATURE BY CONCURRENT RESOLUTION DULY ADOPTED AND FILED IN THE
  OFFICE OF THE STATE COMPTROLLER, PROVIDED, HOWEVER, THAT THE COMPTROLLER
  SHALL  MAKE  A  FINAL  WRITTEN DETERMINATION WITH RESPECT TO APPROVAL OF
  SUCH CONTRACT WITHIN NINETY DAYS OF THE  SUBMISSION OF SUCH CONTRACT  TO

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01670-01-3

 S. 1147                             2

  HIS OR HER OFFICE, UNLESS THE COMPTROLLER CAN JUSTIFY, IN WRITING TO THE
  ENTITY  THAT  SUBMITTED THE CONTRACT, GOOD CAUSE FOR AN EXTENSION NOT TO
  EXCEED FIFTEEN DAYS, OR REASONABLE PERIOD OF TIME AGREED TO BY THE ENTI-
  TY THAT SUBMITTED THE CONTRACT, FURTHER, THAT SUCH WRITTEN DETERMINATION
  OR  EXTENSION  SHALL  BE MADE PART OF THE PROCUREMENT RECORD PURSUANT TO
  PARAGRAPH F OF SUBDIVISION ONE OF SECTION  ONE  HUNDRED  SIXTY-THREE  OF
  THIS CHAPTER.
    S  3.  This  act  shall take effect immediately and shall be deemed to
  have been in full force and effect on and after January 1, 2013.