NY State Senate Bill 2015-S2125B

Senate Bill S2125B

2015-2016 Legislative Session

Requires 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	print number 2125b
May 24, 2016	amend and recommit to judiciary
May 19, 2016	print number 2125a
May 19, 2016	amend and recommit to judiciary
Jan 06, 2016	referred to judiciary
Jan 21, 2015	referred to judiciary

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S2125 - Details

See Assembly Version of this Bill:: A3047
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §5-337, Gen Ob L; amd §112, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S399, A1036
2011-2012: S1165, A900
2013-2014: S1147, A6633

2015-S2125 - Summary

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.

2015-S2125 - Sponsor Memo

2015-S2125 - Bill Text download pdf

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

    S. 2125                                                  A. 3047

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN ASSEMBLY -- Introduced by M. of A. FAHY, McDONALD, STECK, ABINANTI --
  read once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00824-01-5

S. 2125                             2                            A. 3047

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, 2015.

co-Sponsors

2015-S2125A - Details

See Assembly Version of this Bill:: A3047
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §5-337, Gen Ob L; amd §112, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S399, A1036
2011-2012: S1165, A900
2013-2014: S1147, A6633

2015-S2125A - Summary

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.

2015-S2125A - Sponsor Memo

                                 BILL NUMBER:  S2125A

 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 :

2013/2014: A6633-A/S.1147-A
2011/12: A.900/1165
2009/10: A1036-A/S.399-A
2007/08: A.1537-A/S817-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 1,2016.

2015-S2125A - Bill Text download pdf

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

    S. 2125--A                                            A. 3047--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN  SENATE  --  Introduced  by  Sens.  BRESLIN, AVELLA -- 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. FAHY, McDONALD, STECK, ABINANTI --
  read once and referred to the Committee on Judiciary -- 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.
                                                           LBD00824-02-6

S. 2125--A                          2                         A. 3047--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, 2016.

co-Sponsors

2015-S2125B (ACTIVE) - Details

See Assembly Version of this Bill:: A3047
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §5-337, Gen Ob L; amd §112, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S399, A1036
2011-2012: S1165, A900
2013-2014: S1147, A6633

2015-S2125B (ACTIVE) - Summary

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.

2015-S2125B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2125B

 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 :

2013/2014: A6633-A/5.1147-A
2011/12; A.900/1165
2009/10:A1036-A/S.399-A
2007/08: A.1537-A/S817-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 January 1,2017.

2015-S2125B (ACTIVE) - Bill Text download pdf

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

    S. 2125--B                                            A. 3047--B

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN  SENATE  --  Introduced  by  Sens.  BRESLIN, AVELLA -- 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 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. FAHY, McDONALD, STECK, ABINANTI --
  read once and referred to the Committee on Judiciary -- 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 -- again reported from said commit-
  tee with amendments, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00824-03-6

S. 2125--B                          2                         A. 3047--B

  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
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 January 1, 2017.

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Senate Bill S2125B

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

Tony Avella

2015-S2125 - Details

2015-S2125 - Summary

2015-S2125 - Sponsor Memo

2015-S2125 - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S2125A - Details

2015-S2125A - Summary

2015-S2125A - Sponsor Memo

2015-S2125A - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S2125B (ACTIVE) - Details

2015-S2125B (ACTIVE) - Summary

2015-S2125B (ACTIVE) - Sponsor Memo

2015-S2125B (ACTIVE) - Bill Text download pdf

Comments