Bill Text: NY S00399 | 2009-2010 | General Assembly | Amended

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Bill Title: Requires approval by the legislature and state comptroller of any contract between any private entity and the state which would require the relocation of 75 or more employees when those employees are state employees, private sector employees that perform a public function, or a combination thereof that perform a public function.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-04-05 - PRINT NUMBER 399A [S00399 Detail]

Download: New_York-2009-S00399-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 399--A                                             A. 1036--A
                              2009-2010 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       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 -- read once and referred
         to the Committee on Judiciary -- recommitted to the Committee on Judi-
         ciary 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:
    1    Section  1.  The  general  obligations  law is amended by adding a new
    2  section 5-337 to read as follows:
    3    S 5-337. APPROVAL OF CONTRACTS BY THE COMPTROLLER AND THE  LEGISLATURE
    4  REQUIRED.  EVERY  UNDERTAKING  OR  PROMISE,  WHETHER  WRITTEN  OR  ORAL,
    5  EXPRESSED OR IMPLIED, CONSTITUTING OR  CONTAINED,  IN  ANY  CONTRACT  OR
    6  AGREEMENT BETWEEN ANY PERSON, FIRM, COMPANY, ASSOCIATION OR CORPORATION,
    7  WHICH  INVOLVES  THE  RELOCATION  ACROSS COUNTY LINES OF SEVENTY-FIVE OR
    8  MORE PUBLIC EMPLOYEES OR A COMBINATION OF PUBLIC AND  PRIVATE  EMPLOYEES
    9  WHO  ARE  PERFORMING  A  PUBLIC FUNCTION SHALL BE   NULL AND VOID UNLESS
   10  SPECIFICALLY APPROVED BY  (A) THE COMPTROLLER AND (B) THE STATE LEGISLA-
   11  TURE BY CONCURRENT RESOLUTION DULY ADOPTED, IN THAT ORDER.
   12    S 2. Subdivision 2 of section 112 of the state finance law is  amended
   13  by adding a new paragraph (c) to read as follows:
   14    (C)  BEFORE ANY CONTRACT MADE FOR, OR BY ANY STATE AGENCY, DEPARTMENT,
   15  BOARD, OFFICER, COMMISSION OR INSTITUTION SHALL BE  EXECUTED  OR  BECOME
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00495-03-0
       S. 399--A                           2                         A. 1036--A
    1  EFFECTIVE,   WHENEVER   SUCH   CONTRACT   INVOLVES   THE  RELOCATION  OF
    2  SEVENTY-FIVE OR MORE STATE EMPLOYEES, OR SEVENTY-FIVE  OR  MORE  PRIVATE
    3  SECTOR  EMPLOYEES  PERFORMING  A  PUBLIC  FUNCTION OR ANY COMBINATION OF
    4  SEVENTY-FIVE  OR  MORE  PUBLIC AND PRIVATE EMPLOYEES PERFORMING A PUBLIC
    5  FUNCTION, IT SHALL FIRST BE APPROVED BY THE COMPTROLLER AND    THEN  THE
    6  STATE LEGISLATURE BY CONCURRENT RESOLUTION DULY ADOPTED AND FILED IN THE
    7  OFFICE OF THE STATE COMPTROLLER, PROVIDED, HOWEVER, THAT THE COMPTROLLER
    8  SHALL  MAKE  A  FINAL  WRITTEN DETERMINATION WITH RESPECT TO APPROVAL OF
    9  SUCH CONTRACT WITHIN NINETY DAYS OF THE  SUBMISSION OF SUCH CONTRACT  TO
   10  HIS OR HER OFFICE, UNLESS THE COMPTROLLER CAN JUSTIFY, IN WRITING TO THE
   11  ENTITY  THAT  SUBMITTED THE CONTRACT, GOOD CAUSE FOR AN EXTENSION NOT TO
   12  EXCEED FIFTEEN DAYS, OR REASONABLE PERIOD OF TIME AGREED TO BY THE ENTI-
   13  TY THAT SUBMITTED THE CONTRACT, FURTHER, THAT SUCH WRITTEN DETERMINATION
   14  OR EXTENSION SHALL BE MADE PART OF THE PROCUREMENT  RECORD  PURSUANT  TO
   15  PARAGRAPH  F  OF  SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-THREE OF
   16  THIS CHAPTER.
   17    S 3. This act shall take effect immediately and  shall  be  deemed  to
   18  have been in full force and effect on and after January 1, 2010.