NY State Senate Bill 2019-S1150

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 08, 2020	referred to local government
Jan 11, 2019	referred to local government

2019-S1150 (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:: 2015-2016: S1717
2017-2018: S1370

2019-S1150 (ACTIVE) - Summary

Relates to a position of town comptroller.

2019-S1150 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1150

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the town law, in relation to the office of town comp-
troller

 
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 H 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 the 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 he 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:

2017-18: S1370 - LOCAL GOV'T
2015-16: S1717 - Local Government

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1150 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1150
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 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.
                                                            LBD06318-01-9

 S. 1150                             2
 
   § 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.
   § 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. 1150                             3
 
   §  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.
   § 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:
   §  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.
   § 6. Section 124 of the town law, as amended by  chapter  390  of  the
 laws of 1983, is amended to read as follows:
   §  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. 1150                             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.
   § 7. This act shall take effect immediately.

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Senate Bill S1150

Sponsored By

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

2019-S1150 (ACTIVE) - Details

2019-S1150 (ACTIVE) - Summary

2019-S1150 (ACTIVE) - Sponsor Memo

2019-S1150 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1150

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Sponsored By

David Carlucci

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

2019-S1150 (ACTIVE) - Details

2019-S1150 (ACTIVE) - Summary

2019-S1150 (ACTIVE) - Sponsor Memo

2019-S1150 (ACTIVE) - Bill Text download pdf

Comments