Bill S5449-2011

Provides that any grant or gift of money to the unified court system shall be disposed of by the chief administrator of the courts in the manner provided by law

Provides that any grant or gift of money to the unified court system shall be disposed of by the chief administrator of the courts in the manner provided by the state finance law.

Details

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

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Jun 7, 2011
Ayes (21): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Breslin, Espaillat, Gianaris, Krueger, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (2): Adams, Dilan

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5449 2011-2012 Regular Sessions IN 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.

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