senate Bill S1147A

2013-2014 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 30, 2014 print number 1147a
amend and recommit to judiciary
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1147 - Bill Details

See Assembly Version of this Bill:
A6633A
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:
2011-2012: S1165A, A900A
2009-2010: S399A, A1036A

S1147 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1147

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:
2011/12: A.900A/S.1165A Remained in the Senate Committee on the
Judiciary and the Assembly Committee on Ways and Means
2009/10: A.1036A/S.399-A
2007/08: A.1537A/S.817A
2005/06: A.1436/S.710
2003/04: A.2735/S.1241
2001/02: A.4663/S.2478
1999/00: A.3129A/S.1816A
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, 2013.

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

                                  1147

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. BRESLIN, SAMPSON -- read twice and ordered printed,
  and when printed to be committed 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
SHALL  MAKE  A  FINAL  WRITTEN DETERMINATION WITH RESPECT TO APPROVAL OF
SUCH CONTRACT WITHIN NINETY DAYS OF THE  SUBMISSION OF SUCH CONTRACT  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01670-01-3

S. 1147                             2

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, 2013.

Co-Sponsors

S1147A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6633A
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:
2011-2012: S1165A, A900A
2009-2010: S399A, A1036A

S1147A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1147A

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: 2011/12; 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,
2015.

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

                                 1147--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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.
                                                           LBD01670-03-4

S. 1147--A                          2

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, 2015.

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