S5449-2011 Actions

• Jun 16, 2011: SUBSTITUTED BY A8007
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1082
• May 24, 2011: REFERRED TO JUDICIARY

S5449-2011 Meetings

S5449-2011 Calendars

S5449-2011 Votes

S5449-2011 Memo

BILL NUMBER:S5449

TITLE OF BILL:
An act
to amend the judiciary law, in relation to grants or gifts to the
unified court system

This measure is being introduced at the request of the Judiciary.

Currently, section 212(1)(n) of the Judiciary Law authorizes the
Chief Administrator of the Courts to accept, on behalf of the State,
any grant or gift made to the Unified Court System. Prior to
accepting any such grant or gift having a value of $5,000 or more,
however, the Chief Administrator must secure the approval of the
respective chairs of the Senate Finance and Judiciary Committees and
the Assembly Ways and Means and Judiciary Committees.

The purpose of this measure is to relieve the Legislature and the
Chief Administrator of the need to engage in what experience has
shown to be largely a pro forma exchange of paperwork while a gift is
held in abeyance. Accordingly, the measure would amend section
212(1)(n) to eliminate the requirement of legislative approval for
larger gifts.

We note that section 11 of the State Finance Law already requires that
gifts of money received by any State body or officer be paid to the
Department of Taxation and Finance for deposit in the State Treasury
in a special fund to be designated by the Comptroller. Thus, access
to monetary gifts to the courts will remain subject to legislative
oversight. See Const., Art. VII, �7 [providing that "[n]o money shall
ever be paid out of the [S]tate [T]reasury or any of its funds, or
any of the funds under its management, except in pursuance of an
appropriation by law..."]; Anderson v. Regan 53 NY2d 356 (1981)
["... we note that the wording of the constitutional provision
governing the expenditure of State funds is clear and uncomplicated.
Section 7 of article
VII of the State Constitution, quite simply, requires that there be a
specific legislative appropriation each time that moneys in the State
[T]reasury are spent. The constitutional provision does not
differentiate among funds on the basis of their source,..."].

This measure, which would have no fiscal impact, would take effect
immediately.

LEGISLATIVE HISTORY:
None. New proposal.

S5449-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5449
 2011-2012 Regular Sessions
 I N  SENATE
 May 24, 2011
 
 Introduced  by  Sen.  DeFRANCISCO  -- (at request of the Office of Court
 Administration) -- read twice and ordered printed, and when printed to
 be committed to the Committee on Judiciary
 

AN ACT to amend the judiciary law, in relation to grants or gifts to the
 unified court system
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Paragraph (n) of subdivision 1 of section 212 of the judi
 ciary law, as amended by chapter 44 of the laws of 1989, is  amended  to
 read follows:

 (n) Accept as agent of the state [with the approval of the chairmen of
 the  senate  finance committee and the assembly ways and means committee
 and the respective judiciary committees of each  house,]  any  grant  or
 gift  for  the  purpose of executing the functions of his OR HER office;
 provided, however, [that legislative approval as prescribed herein shall
 not be required for the acceptance of any grant or  gift  the  value  of
 which does not exceed five thousand dollars] WHERE A GRANT OR GIFT IS OF
 MONEY,  THE  CHIEF  ADMINISTRATOR  SHALL  DISPOSE OF SAME AS PROVIDED IN
 SECTION ELEVEN OF THE STATE FINANCE LAW.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11796-01-1

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