senate Bill S5449

Signed By Governor
2011-2012 Legislative Session

Provides that any grant or gift of money to the unified court system shall be disposed of by the chief administrator of the courts in the manner provided by law

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Archive: Last Bill Status Via A8007 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.179
Jul 08, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.1082
substituted for s5449
Jun 16, 2011 substituted by a8007
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1082
May 24, 2011 referred to judiciary

Votes

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S5449 - Bill Details

See Assembly Version of this Bill:
A8007
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L

S5449 - Bill Texts

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Provides that any grant or gift of money to the unified court system shall be disposed of by the chief administrator of the courts in the manner provided by the state finance law.

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BILL NUMBER:S5449

TITLE OF BILL:
An act
to amend the judiciary law, in relation to grants or gifts to the
unified court system

This measure is being introduced at the request of the Judiciary.

Currently, section 212(1)(n) of the Judiciary Law authorizes the
Chief Administrator of the Courts to accept, on behalf of the State,
any grant or gift made to the Unified Court System. Prior to
accepting any such grant or gift having a value of $5,000 or more,
however, the Chief Administrator must secure the approval of the
respective chairs of the Senate Finance and Judiciary Committees and
the Assembly Ways and Means and Judiciary Committees.

The purpose of this measure is to relieve the Legislature and the
Chief Administrator of the need to engage in what experience has
shown to be largely a pro forma exchange of paperwork while a gift is
held in abeyance. Accordingly, the measure would amend section
212(1)(n) to eliminate the requirement of legislative approval for
larger gifts.

We note that section 11 of the State Finance Law already requires that
gifts of money received by any State body or officer be paid to the
Department of Taxation and Finance for deposit in the State Treasury
in a special fund to be designated by the Comptroller. Thus, access
to monetary gifts to the courts will remain subject to legislative
oversight. See Const., Art. VII, §7 [providing that "[n]o money shall
ever be paid out of the [S]tate [T]reasury or any of its funds, or
any of the funds under its management, except in pursuance of an
appropriation by law..."]; Anderson v. Regan 53 NY2d 356 (1981)
["... we note that the wording of the constitutional provision
governing the expenditure of State funds is clear and uncomplicated.
Section 7 of article
VII of the State Constitution, quite simply, requires that there be a
specific legislative appropriation each time that moneys in the State
[T]reasury are spent. The constitutional provision does not
differentiate among funds on the basis of their source,..."].

This measure, which would have no fiscal impact, would take effect
immediately.

LEGISLATIVE HISTORY:
None. New proposal.

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

                                  5449

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO  -- (at request of the Office of Court
  Administration) -- read twice and ordered printed, and when printed to
  be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to grants or gifts to the
  unified court system

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

  Section  1. Paragraph (n) of subdivision 1 of section 212 of the judi-
ciary law, as amended by chapter 44 of the laws of 1989, is  amended  to
read follows:
  (n) Accept as agent of the state [with the approval of the chairmen of
the  senate  finance committee and the assembly ways and means committee
and the respective judiciary committees of each  house,]  any  grant  or
gift  for  the  purpose of executing the functions of his OR HER office;
provided, however, [that legislative approval as prescribed herein shall
not be required for the acceptance of any grant or  gift  the  value  of
which does not exceed five thousand dollars] WHERE A GRANT OR GIFT IS OF
MONEY,  THE  CHIEF  ADMINISTRATOR  SHALL  DISPOSE OF SAME AS PROVIDED IN
SECTION ELEVEN OF THE STATE FINANCE LAW.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11796-01-1

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