senate Bill S1165A

2011-2012 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
Jan 05, 2012 print number 1165a
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
Jan 05, 2011 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1165 - Bill Details

See Assembly Version of this Bill:
A900A
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L; amd §112, St Fin L
Versions Introduced in Previous Legislative Sessions:
2009-2010: S399A, A1036A
2011-2012: S1165A

S1165 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S1165

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:

2009/10: A.1036-A/S.399-A
2007/08: A.1537-A/S.817-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,
2011.

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

    S. 1165                                                   A. 900

                       2011-2012 Regular Sessions

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

                             January 5, 2011
                               ___________

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

IN  ASSEMBLY -- Introduced by M. of A. McENENY -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00751-01-1

S. 1165                             2                             A. 900

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, 2011.

Co-Sponsors

S1165A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A900A
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L; amd §112, St Fin L
Versions Introduced in Previous Legislative Sessions:
2009-2010: S399A, A1036A
2011-2012: S1165A

S1165A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S1165A

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:

2011: A.900/1165
2009/10: A.1036-A/S.399-A
2007/08: A.1537-A/S.817-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, 2012

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1165--A                                             A. 900--A

                       2011-2012 Regular Sessions

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

                             January 5, 2011
                               ___________

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 -- Multi-Sponsored by --
  M. of A. COLTON -- read once and referred to the Committee on  Judici-
  ary  --  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.
                                                           LBD00751-02-1

S. 1165--A                          2                          A. 900--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, 2012.

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