S T A T E O F N E W Y O R K
________________________________________________________________________
8124
2009-2010 Regular Sessions
I N A S S E M B L Y
May 5, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to the use of state
aircraft by certain state officials, officers and employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. It is the intention of
this legislature that a clear-cut statutory policy be enacted that is
both concise and forthright regarding usage of state aircraft. The
legislature determines that state aircraft are paid for and owned by the
taxpayers of the state, who are entitled to the assurance that such
resources are being used for legitimate state governmental purposes. The
use of state aircraft shall be reserved for trips that are legitimate
state governmental purposes only, as defined in section 72-b of the
public officers law, as trips which are predominantly for official state
business. Any person or persons traveling on state aircraft for purposes
other than official state business shall pay for any trip or any portion
of a trip not exclusively for state business by paying a prorated share
of a commercial air carrier rate.
S 2. The public officers law is amended by adding a new section 72-b
to read as follows:
S 72-B. LIMITATION ON USE OF AIRCRAFT BY STATE OFFICIALS, OFFICERS AND
EMPLOYEES. 1. THE AIRCRAFT OWNED, LEASED, OR OPERATED BY ANY STATE
OFFICE, AGENCY, AUTHORITY, DEPARTMENT, OR BRANCH OF THE LEGISLATURE,
SHALL BE AVAILABLE ONLY FOR OFFICIAL STATE BUSINESS. THE EXECUTIVE
DEPARTMENT SHALL HAVE THE SOLE POWER TO APPROVE OR DENY REQUESTS FOR
USE OF STATE AIRCRAFT FOR OFFICIAL STATE BUSINESS.
(A) FOR PURPOSES OF THIS SECTION THE TERM "OFFICIAL STATE BUSINESS"
MEANS ANY ACTIVITY INVOLVING TRAVEL IN A STATE AIRCRAFT IF THE ACTIVITY
IS REASONABLY REQUIRED, EXPECTED, OR APPROPRIATE, CONSIDERING THE
NATURE OF THE PUBLIC OFFICIAL'S OR EMPLOYEE'S JOB RESPONSIBILITIES. THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01413-01-9
A. 8124 2
ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO, ATTENDANCE AT OFFICIAL
MEETINGS, PUBLIC HEARINGS, OR OTHER LEGITIMATE STATE BUSINESS.
(B) IF A PARTICULAR FLIGHT IS IN PART OFFICIAL BUSINESS AND PART
PERSONAL BUSINESS, THE USE OF THE STATE AIRCRAFT SHALL NOT BE APPROVED
UNLESS THE MAJORITY OF THE FLIGHT EXPENSES AND TIME ARE FOR OFFICIAL
BUSINESS. ANY OFFICIAL REQUESTING SUCH FLIGHT SHALL FILE A REQUEST WITH
THE EXECUTIVE DEPARTMENT WHICH SHALL DETAIL THE NATURE OF THE ACTIVITIES
THEY INTEND TO UNDERTAKE ONCE THE TRAVEL IS APPROVED, AND IF PERSONAL
BUSINESS IS INVOLVED IN ANY WAY, THEY MUST MAKE A REASONABLE ALLOCATION
OF THE FLIGHT TIME BETWEEN OFFICIAL AND PERSONAL BUSINESS AT THE TIME OF
SUCH REQUEST. AFTER SUCH TRAVEL IS COMPLETE AND IF ANY REALLOCATION OF
OFFICIAL AND BUSINESS TIME IS NECESSARY TO CORRECT THE ORIGINAL REQUEST,
SUCH OFFICIAL SHALL PAY WITH NON-STATE FUNDS TO THE APPROPRIATE STATE
AGENCY THE CHARGE FOR THE PART OF THE FLIGHT THAT IS ALLOCABLE TO
PERSONAL BUSINESS. THE RATE CHARGED SHALL BE CALCULATED BY SUCH AGENCY
USING COSTS THAT WOULD BE CONSIDERED IN A RATE DEVELOPED BY A COMMERCIAL
AIR CARRIER. IN ALL CASES, THE FLIGHT REQUEST FORM, INCLUDING THE
DESCRIPTION OF ACTIVITIES AND THE BASIS FOR THE ALLOCATION AT THE TIME
OF APPLICATION SHALL BE INDICATED ON THE AIRCRAFT REQUEST FORM AS WELL
AS ANY SUBSEQUENT REALLOCATION SHALL BE KEPT IN THE ORDINARY COURSE OF
BUSINESS BY THE EXECUTIVE DEPARTMENT.
2. THE FOLLOWING CRITERIA SHALL BE CONSIDERED BY THE EXECUTIVE DEPART-
MENT IN DETERMINING APPROPRIATE USES OF STATE OWNED, LEASED, OR OPERATED
AIRCRAFT:
(A) WHETHER THE USE OF THE AIRCRAFT IS IN FURTHERANCE OF STATE OFFI-
CIAL OR EMPLOYEE JOB ASSIGNMENTS.
(B) WHETHER THE USE OF THE AIRCRAFT IS FOR TRANSPORTING AN EMPLOYEE,
STATE OFFICIAL, OR OTHER PERSON AUTHORIZED BY THE AGENCY, AUTHORITY,
DEPARTMENT OR LEGISLATIVE BRANCH FOR PURPOSES OF CONDUCTING OFFICIAL
STATE BUSINESS OR FOR PURPOSES OF PERFORMING SERVICES FOR THE STATE.
(C) WHETHER THE STATE POLICE OR ANY OTHER LAW ENFORCEMENT OFFICE HAS
DETERMINED THAT SECURITY OR TRANSPORTATION VIA AIRCRAFT IS NECESSARY.
(D) WHETHER AN EMERGENCY EXISTS REQUIRING THE USE OF THE AIRCRAFT FOR
THE PROTECTION OF LIFE OR PROPERTY.
3. A PERSON WHO IS NOT OTHERWISE AUTHORIZED IN THIS SECTION MAY ACCOM-
PANY THE GOVERNOR, THE LIEUTENANT GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
SENATE, THE MINORITY LEADER OF THE ASSEMBLY OR THE CHIEF JUDGE OF THE
COURT OF APPEALS WHEN SUCH OFFICIAL IS TRAVELING ON STATE AIRCRAFT FOR
OFFICIAL STATE BUSINESS AND THE AIRCRAFT IS TRAVELING WITH SEATS AVAIL-
ABLE. WHEN THE PERSON ACCOMPANYING SUCH OFFICIAL IS NOT TRAVELING ON
OFFICIAL STATE BUSINESS AS PROVIDED IN THIS SECTION, THE TRANSPORTATION
CHARGE SHALL BE A PRORATED SHARE OF A COMMERCIAL AIR CARRIER RATE. THE
SPOUSE, DOMESTIC PARTNER OR IMMEDIATE FAMILY MEMBERS OF ANY OFFICIAL
SPECIFIED IN THIS SECTION MAY, WITH PAYMENT OF TRANSPORTATION CHARGES,
ACCOMPANY THE OFFICIAL WHEN SUCH OFFICIAL IS TRAVELING FOR OFFICIAL
STATE BUSINESS AND THE AIRCRAFT HAS SEATS AVAILABLE.
4. THE STATE COMPTROLLER SHALL ANNUALLY AUDIT THE ASSIGNMENT AND USE
OF STATE AIRCRAFT, AND SHALL HAVE ACCESS TO ALL DOCUMENTATION RELATING
TO SUCH ASSIGNMENT AND USE. EACH YEAR THE STATE COMPTROLLER SHALL ISSUE
A REPORT SUMMARIZING THE ANNUAL AUDIT OF STATE AIRCRAFT, A COPY OF WHICH
SHALL BE POSTED TO THE OFFICIAL WEBSITE OF THE DEPARTMENT OF AUDIT AND
CONTROL.
S 3. This act shall take effect immediately.