senate Bill S399A

2009-2010 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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 05, 2010 print number 399a
amend and recommit to judiciary
Jan 06, 2010 referred to judiciary
Jan 07, 2009 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

S399 - Bill Details

See Assembly Version of this Bill:
A1036A
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L; amd §112, St Fin L

S399 - Bill Texts

view summary

Requires approval by the legislature and state comptroller of any contract between any private entity and the state which would require the relocation of 75 or more employees when those employees are state employees, private sector employees that perform a public function, or a combination thereof that perform a public function.

view sponsor memo
BILL NUMBER: S399

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 :
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 PROVISIONS :
In Section 1, the general obligations law is amended by adding a new
section 5-335 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 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 that there is a justification for each move.

LEGISLATIVE HISTORY :
2007/2008 - S.817A/A.1537A Remained in the Committees on Judiciary
2005/2006 - S.710/A.1436 Remained in the Committees on Judiciary
2003/2004 - S.1241/A.2735 Remained in the Committees on Judiciary
2001/2002 - S.2478/A.4663 Remained in the Committees on Judiciary

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, 2009.
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The Bill text is not available.

S399A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1036A
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L; amd §112, St Fin L

S399A (ACTIVE) - Bill Texts

view summary

Requires approval by the legislature and state comptroller of any contract between any private entity and the state which would require the relocation of 75 or more employees when those employees are state employees, private sector employees that perform a public function, or a combination thereof that perform a public function.

view sponsor memo
BILL NUMBER: S399A

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 :
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 PROVISIONS :
In Section 1, the general obligations law is amended by adding a new
section 5-335 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 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 that there is a justification for each move.

LEGISLATIVE HISTORY :
2007/08: S.817A/A.1537A Remained in the Committees on Judiciary
2005/06: S.710/A.1436 Remained in the Committees on Judiciary
2003/04: S.1241/A.2735 Remained in the Committees on Judiciary
2001/02: S.2478/A.4663 Remained in the Committees on Judiciary

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, 2010.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 399--A                                             A. 1036--A

                       2009-2010 Regular Sessions

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

                               (PREFILED)

                             January 7, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sens. BRESLIN, SAMPSON -- 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. McENENY -- read once and referred
  to the Committee on Judiciary -- recommitted to the Committee on Judi-
  ciary 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00495-03-0

S. 399--A                           2                         A. 1036--A

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 immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2010.

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