S1165A-2011 Actions

• Jan 5, 2012: PRINT NUMBER 1165A
• Jan 5, 2012: AMEND AND RECOMMIT TO JUDICIARY
• Jan 4, 2012: REFERRED TO JUDICIARY
• Jan 5, 2011: REFERRED TO JUDICIARY

S1165A-2011 Memo

BILL NUMBER:S1165

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:

2009/10: A.1036-A/S.399-A
2007/08: A.1537-A/S.817-A
2005/06: A.1436/S.710
2003/04: A.2735/S.1241
2001/02: A.4663/S.2478
1999/00: A.3129-A/S.1816-A
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,
2011.

S1165A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 1165--A                                             A. 900--A
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 January 5, 2011
 
 IN  SENATE  --  Introduced  by  Sens. BRESLIN, SAMPSON -- read twice and
 ordered printed, and when printed to be committed to the Committee  on
 Judiciary  --  recommitted to the Committee on Judiciary in accordance
 with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
 ordered reprinted as amended and recommitted to said committee
 IN  ASSEMBLY  -- Introduced by M. of A. McENENY -- Multi-Sponsored by -
 M. of A. COLTON -- read once and referred to the Committee on  Judici
 ary  --  recommitted  to the Committee on Judiciary in accordance with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee
 

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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00751-02-1
 
       S. 1165--A                          2                          A. 900--A
 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
 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, 2012.

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