senate Bill S1777

Amended

Requires the metropolitan transportation authority to contract with a certified public accountant for an independent forensic audit of such authority

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 21 / Jan / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 21 / Jan / 2014
    • PRINT NUMBER 1777A

Summary

Requires that an independent comprehensive, forensic audit be conducted upon the metropolitan transportation authority; provides that the results thereof shall be sent to the governor, the comptroller and legislative leaders.

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Bill Details

Versions:
S1777
S1777A
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Public Authorities Law
Laws Affected:
Add ยง1265-c, Pub Auth L
Versions Introduced in 2011-2012 Legislative Cycle:
S4501A

Sponsor Memo

BILL NUMBER:S1777

TITLE OF BILL: An act to amend the public authorities law, in
relation to directing the metropolitan transportation authority to
contract for the provision of an independent forensic audit of such
authority; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: To have an independent forensic
audit of the MTA. There is too much uncertainty regarding the MTA and
regarding where taxpayer money is spent. This independent audit will
help bring some accountability to the MTA.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 The authority shall, within sixty days of the effective date
of this section, contract with a certified public accounting firm for
the provision of an independent, comprehensive, forensic audit of the
authority. The independent public accounting firm must report its
findings on or before January first, two thousand fifteen.

JUSTIFICATION: The MTA has increased rates and have received
additional revenues through the MTA payroll tax. There needs to be
some accountability to justify all of these taxes and fees that have
been put on the counties that receive services from the MTA. An
independent forensic audit will give the legislature an accurate
report on where the money is being spent and where the MTA can find
ways to save costs.

PRIOR LEGISLATIVE HISTORY: 2011-12 - S.4501-A - Referred to
Transportation

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately, and shall expire and be deemed repealed
January 2, 2015.

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

                                  1777

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to directing the
  metropolitan transportation authority to contract for the provision of
  an independent forensic audit of such authority; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1.  The  public  authorities  law  is amended by adding a new
section 1265-c to read as follows:
  S 1265-C. INDEPENDENT FORENSIC AUDIT. 1. THE AUTHORITY  SHALL,  WITHIN
SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, CONTRACT WITH A CERTI-
FIED PUBLIC ACCOUNTING FIRM FOR THE PROVISION OF AN INDEPENDENT, COMPRE-
HENSIVE,  FORENSIC AUDIT OF THE AUTHORITY. SUCH AUDIT SHALL BE PERFORMED
IN ACCORDANCE WITH GENERALLY  ACCEPTED  GOVERNMENT  AUDITING  STANDARDS.
SUCH  AUDIT  SHALL  BE INDEPENDENT OF AND IN ADDITION TO THE INDEPENDENT
AUDIT OF  THE  AUTHORITY  CONDUCTED  PURSUANT  TO  SECTION  TWENTY-EIGHT
HUNDRED TWO OF THIS CHAPTER.
  2.  THE  CERTIFIED  INDEPENDENT  PUBLIC  ACCOUNTING FIRM PROVIDING THE
AUTHORITY'S INDEPENDENT, COMPREHENSIVE, FORENSIC AUDIT SHALL BE  PROHIB-
ITED  IN  PROVIDING  AUDIT  SERVICES IF THE LEAD (OR COORDINATING) AUDIT
PARTNER (HAVING PRIMARY RESPONSIBILITY FOR  THE  AUDIT),  OR  THE  AUDIT
PARTNER  RESPONSIBLE  FOR  REVIEWING  THE  AUDIT,  HAS  PERFORMED  AUDIT
SERVICES FOR THE AUTHORITY WITHIN ANY OF THE TEN PREVIOUS  FISCAL  YEARS
OF THE AUTHORITY.
  3.  THE  CERTIFIED  INDEPENDENT  ACCOUNTING  FIRM PERFORMING THE AUDIT
PURSUANT TO THIS SECTION SHALL BE PROHIBITED FROM PERFORMING ANY NON-AU-
DIT SERVICES FOR THE AUTHORITY CONTEMPORANEOUSLY WITH THE AUDIT.
  4. IT  SHALL  BE  PROHIBITED  FOR  THE  CERTIFIED  INDEPENDENT  PUBLIC
ACCOUNTING  FIRM  TO  PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05309-01-3

S. 1777                             2

CHIEF EXECUTIVE OFFICER, COMPTROLLER,  CHIEF  FINANCIAL  OFFICER,  CHIEF
ACCOUNTING OFFICER OR ANY OTHER PERSON SERVING IN AN EQUIVALENT POSITION
IN  THE  AUTHORITY  WAS  EMPLOYED  BY  THAT CERTIFIED INDEPENDENT PUBLIC
ACCOUNTING  FIRM  AND  PARTICIPATED  IN ANY CAPACITY IN THE AUDIT OF THE
AUTHORITY AT ANY TIME IN THE PAST.
  5. THE CERTIFIED INDEPENDENT  PUBLIC  ACCOUNTING  FIRM  CONTRACTED  TO
PERFORM  THE  INDEPENDENT COMPREHENSIVE, FORENSIC AUDIT OF THE AUTHORITY
SHALL, ON OR BEFORE JANUARY FIRST,  TWO  THOUSAND  FIFTEEN,  REPORT  ITS
FINDINGS,  CONCLUSIONS  AND  RECOMMENDATIONS  TO THE GOVERNOR, THE STATE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE
ASSEMBLY,  THE  CHAIR  AND RANKING MINORITY MEMBER OF THE SENATE FINANCE
COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER OF  THE  ASSEMBLY  WAYS
AND  MEANS  COMMITTEE,  THE  CHAIRS  AND RANKING MINORITY MEMBERS OF THE
SENATE  AND  THE  ASSEMBLY  CORPORATIONS,  AUTHORITIES  AND  COMMISSIONS
COMMITTEES,  AND  THE  CHAIRS AND RANKING MINORITY MEMBERS OF THE SENATE
AND THE ASSEMBLY TRANSPORTATION COMMITTEES.
  S 2. This act shall take effect immediately, and shall expire  and  be
deemed repealed January 2, 2015.

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