NY State Senate Bill 2015-S1717

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
Jan 14, 2015	referred to local government

2015-S1717 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §§20, 29, 30, 34 & 124, Town L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1370
2019-2020: S1150

2015-S1717 (ACTIVE) - Summary

Relates to a position of town comptroller.

2015-S1717 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1717

TITLE OF BILL:  An act to amend the town law, in relation to the
office of town comptroller

PURPOSE:

To require the appointment of a town comptroller in every town of the
first class.

SUMMARY OF PROVISIONS:

Section 1. Amends paragraph (a) of subdivision 1 of section 20 of the
town law (TWN) to add town comptroller to the list of required
officers in towns of the first class.

Section 2. Amends paragraphs (b) and (d) of subdivision 3 of TWN § 20
to require the appointment of a town comptroller in towns of the first
class. In towns of the second class, appointment of a town comptroller
would remain at the option of the town board.

Section 3. Amends TWN § 29(3) to make conforming changes. Section 4.
Amends TWN § 30(9) to make conforming changes. Section 5. Amends TWN

§ 34 to make conforming changes.

Section 6. Amends TWN § 124 to designate the town comptroller as the
accounting officer in towns of the first class. This section also
provides for the optional designation of the town comptroller as the
accounting officer in towns of the second class.

Section 7. Effective date.

EXISTING LAW:

Under current law, establishment of the town comptroller position is
at the option of the town board in both first class and second class
towns.

JUSTIFICATION:

Towns of the first class are the larger towns in New York, generally
with a population of ten thousand or more residents, and annual
budgets that can be in the tens of millions of dollars, if not more.
Town Law currently provides for the appointment of a town comptroller
at the option of the town board. Where the office of town comptroller
has been established, all town functions relating to: auditing;
allowing or rejecting of accounts, charges, claims or demands against
the town; and with respect to the: examining, auditing and
certification of accounts and receipts of town officers devolve upon
the town comptroller. This position provides an important layer of
review and a "check" on the finances of a town in order to ensure that
taxpayer dollars are being property allocated and utilized.

Although many town boards across the state have authorized the town
comptroller position, not all have. The office of town comptroller
serves as an important check on town finances and provides and extra


layer of oversight to ensure the proper use of taxpayer dollars.
Given the size and complexity of town budgets, particularly in larger
first class towns, a town comptroller should be mandatory in such
towns, while remaining an option in smaller second class towns.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1717 (ACTIVE) - Bill Text download pdf

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

                                  1717

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to the office  of  town  comp-
  troller

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

  Section 1. Paragraph (a) of subdivision 1 of section 20  of  the  town
law,  as  amended by chapter 252 of the laws of 1990, is amended to read
as follows:
  (a) Every town of the first class shall have a supervisor,  four  town
councilmen, unless the number of councilmen shall have been increased to
six  or  decreased to two as provided by this chapter, a town clerk, two
town justices, a  town  superintendent  of  highways,  one  assessor,  a
receiver  of  taxes  and  assessments,  A TOWN COMPTROLLER, as many town
policemen and such other employees  as  the  town  board  may  determine
necessary  for the proper conduct of the affairs of the town. The super-
visor, town councilmen, town clerk, town justices,  town  superintendent
of  highways  and  receiver  of taxes and assessments in every such town
shall be elective. All other officers and employees in such a town shall
be appointed by the town board, except as otherwise provided by law.  In
any town in which a town police department has been established pursuant
to  law,  or  which town is a part of a county police district, the town
board may appoint not more than four civil officers  who  shall  possess
all the powers and duties of constables in civil actions and proceedings
only,  and  shall be paid no salary by the town board but shall be enti-
tled to collect the statutory fees allowed by law in such civil  actions
and  proceedings. The clerk of the court of a town shall be employed and
discharged from employment only upon the advice and consent of the  town
justice or justices.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06461-01-5

S. 1717                             2

  S 2. Paragraphs (b) and (d) of subdivision 3 of section 20 of the town
law,  as amended by chapter 131 of the laws of 1955, are amended to read
as follows:
  (b) (1) The town board of any town of the first class[, or any town of
the second class having a population of over forty thousand according to
the  latest  federal census or state enumeration, may adopt a resolution
establishing the office of town comptroller and] SHALL  appoint  a  town
comptroller  who  shall  hold office until the first day of January next
succeeding the first biennial town election held after the time  of  his
OR  HER  appointment.  On  the  first day of January next succeeding the
first biennial town election held after the time of the establishment of
such office, and biennially thereafter, the town board shall  appoint  a
comptroller  who  shall  hold  office for a term of two years. [The town
board of any town in which the office of  town  comptroller  shall  have
been  established may adopt a resolution abolishing such office and upon
the expiration of the term of office of the incumbent such office  shall
be abolished and no successor shall be appointed.]
  (2) THE TOWN BOARD OF ANY TOWN OF THE SECOND CLASS HAVING A POPULATION
OF  OVER  FORTY THOUSAND ACCORDING TO THE LATEST FEDERAL CENSUS OR STATE
ENUMERATION MAY ADOPT A RESOLUTION ESTABLISHING THE OFFICE OF TOWN COMP-
TROLLER AND APPOINT A TOWN COMPTROLLER WHO SHALL HOLD OFFICE  UNTIL  THE
FIRST  DAY  OF  JANUARY NEXT SUCCEEDING THE FIRST BIENNIAL TOWN ELECTION
HELD AFTER THE TIME OF HIS OR HER APPOINTMENT. ON THE FIRST DAY OF JANU-
ARY NEXT SUCCEEDING THE FIRST BIENNIAL TOWN ELECTION HELD AFTER THE TIME
OF THE ESTABLISHMENT OF SUCH OFFICE, AND BIENNIALLY THEREAFTER, THE TOWN
BOARD SHALL APPOINT A COMPTROLLER WHO SHALL HOLD OFFICE FOR  A  TERM  OF
TWO  YEARS. THE TOWN BOARD OF ANY TOWN IN WHICH THE OFFICE OF TOWN COMP-
TROLLER SHALL HAVE BEEN ESTABLISHED MAY ADOPT  A  RESOLUTION  ABOLISHING
SUCH  OFFICE AND UPON THE EXPIRATION OF THE TERM OF OFFICE OF THE INCUM-
BENT SUCH OFFICE SHALL BE ABOLISHED AND NO SUCCESSOR SHALL BE APPOINTED.
  (d) The town board of any town [which has established the  office  of]
IN WHICH THERE IS A town comptroller pursuant to the provisions of para-
graph  (b) of this subdivision, may establish the office of deputy comp-
troller and fix the salary therefor; and the town board of any such town
in which such office  shall  have  been  established  may  abolish  such
office.  It  shall  be  the duty of the deputy comptroller to assist the
comptroller in the performance of his OR HER duties and if and when  the
comptroller  is  absent or is unable to perform the duties of his OR HER
office for any other reason, such  deputy  shall  have  full  power  and
authority  to  perform all the duties of the comptroller so long as such
officer is either absent or otherwise incapable of performing his OR HER
duties.
  S 3. Subdivision 3 of section 29 of the town law, as amended by  chap-
ter 245 of the laws of 1973, is amended to read as follows:
  3.  Shall disburse such moneys only by checks payable to the person or
persons entitled  thereto,  which  checks  shall[,  if  the  town  board
requires  such countersignature,] be countersigned by the town clerk, or
by the comptroller in towns [where the office of] IN WHICH  THERE  IS  A
town  comptroller  [has been established]. When authorized by resolution
of the town board, such checks may be signed with the  facsimile  signa-
ture  of  the  supervisor  or  other  town  officer  whose  signature is
required, as reproduced by a machine  or  device  commonly  known  as  a
checksigner. By resolution duly adopted, the town board may determine to
enter into a contract to provide for the deposit of the periodic payroll
of the town in a bank or trust company for disbursal by it in accordance
with provisions of section ninety-six-b of the banking law.

S. 1717                             3

  S  4. Subdivision 9 of section 30 of the town law, as added by chapter
500 of the laws of 1945, is amended to read as follows:
  9.  Except  in  towns  [where  the office of] IN WHICH THERE IS A town
comptroller [has been created] the town clerk, when required  by  resol-
ution  of  its  town  board, shall countersign all checks required to be
signed by the supervisor.
  S 5. Section 34 of the town law, as amended by chapter 105 of the laws
of 1960, subdivision 2 as amended by chapter 1049 of the laws  of  1969,
is amended to read as follows:
  S  34.  Powers and duties of town comptroller. 1. In any town in which
[the office of] THERE IS A town  comptroller  [shall  have  been  estab-
lished]  and a town comptroller shall have been appointed and shall have
qualified, the powers of the town board of that  town  with  respect  to
auditing, allowing or rejecting all accounts, charges, claims or demands
against  the  town or the improvement districts thereof and with respect
to the examining, auditing and certification of accounts and receipts of
town officers, and making provision  for  preparing  and  publishing  or
posting lists of all such accounts, charges, claims or demands after the
audit  or  rejection  thereof, including the powers conferred and duties
imposed upon the town  board  in  relation  to  auditing  and  approving
certain  claims  pursuant  to  sections  two hundred eighty-four and two
hundred eighty-five of the highway law, shall devolve upon and thereaft-
er be exercised by such town comptroller, during the continuance of such
office; and with respect to the powers so conferred and  the  duties  so
imposed he OR SHE shall be the town board of the town during the contin-
uance  of  such office. The comptroller[, when required by resolution of
the town board,] shall countersign all checks required to be  signed  by
the  supervisor. The comptroller shall annually audit the fiscal affairs
of each improvement district in said town operating under article  thir-
teen of this chapter and report thereon in writing to the town board.
  2.  In  any  town in which [the office of] THERE IS A town comptroller
[shall have been established] and a town  comptroller  shall  have  been
appointed  and  shall  have  qualified, [the town board may by ordinance
provide that either or both  of]  the  following  powers  conferred  and
duties imposed upon the supervisor under section one hundred twenty-five
of  this  chapter shall devolve upon and be exercised by such town comp-
troller during the continuance of such office: (a) the keeping of  sepa-
rate  appropriation  accounts  and  preventing  funds  or  appropriation
accounts from being overdrawn; [or] AND (b) the drawing  upon  funds  or
appropriations,  provided  the counter-signature of the supervisor shall
be required.  The town comptroller shall furnish to the supervisor  such
information  and  data  as the supervisor may require for the purpose of
enabling him OR HER to exercise his OR HER powers and perform his OR HER
duties or make reports required by law.
  S 6. Section 124 of the town law, as amended by  chapter  390  of  the
laws of 1983, is amended to read as follows:
  S  124.  Designation of the comptroller as accounting officer. 1.  (A)
Notwithstanding any other provision of this chapter, [the town board  of
a  town  in which the office of comptroller has been established may, by
resolution, determine that such officer] IN A TOWN OF  THE  FIRST  CLASS
THE  COMPTROLLER  shall  be the accounting officer of the town[. In such
event,] AND all of the accounting duties of the town supervisor shall be
transferred to and be performed by the comptroller.
  (B) NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER,  THE  TOWN
BOARD  OF  A TOWN OF THE SECOND CLASS IN WHICH THE OFFICE OF COMPTROLLER
HAS BEEN ESTABLISHED MAY, BY RESOLUTION,  DETERMINE  THAT  SUCH  OFFICER

S. 1717                             4

SHALL  BE  THE ACCOUNTING OFFICER OF THE TOWN, IN SUCH EVENT, ALL OF THE
ACCOUNTING DUTIES OF THE TOWN SUPERVISOR SHALL BE TRANSFERRED TO AND  BE
PERFORMED BY THE COMPTROLLER.
  2. In addition to keeping detailed accounting records, the comptroller
shall  prepare  and  transmit  to  the town clerk the report required by
subdivision ten or, if the town board shall  so  determine,  the  report
required  by  subdivision  ten-a of section twenty-nine of this chapter.
He OR SHE shall also render to  the  town  board  the  detailed  monthly
statement  required  by section one hundred twenty-five of this chapter,
and shall prepare and submit  to  the  state  department  of  audit  and
control  the  report required by section thirty of the general municipal
law.
  3. Notwithstanding any other provision  of  the  highway  law,  social
services  law, or this chapter, no money shall be paid out by the super-
visor except upon the warrant of the  town  comptroller.  Every  officer
required  to  submit a monthly statement to the town supervisor pursuant
to subdivision one of section twenty-seven of this chapter shall furnish
a copy thereof to the town comptroller.
  4. Nothing in this section shall be  construed  to  relieve  the  town
supervisor  of  his  OR  HER duties as treasurer of the town pursuant to
subdivisions one, two, three and four of  section  twenty-nine  of  this
chapter.
  S 7. This act shall take effect immediately.

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Senate Bill S1717

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2015-S1717 (ACTIVE) - Details

2015-S1717 (ACTIVE) - Summary

2015-S1717 (ACTIVE) - Sponsor Memo

2015-S1717 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1717

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Local Government Committee

2015-S1717 (ACTIVE) - Details

2015-S1717 (ACTIVE) - Summary

2015-S1717 (ACTIVE) - Sponsor Memo

2015-S1717 (ACTIVE) - Bill Text download pdf

Comments