Bill Text: NY S07907 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes the comptroller and each examiner of municipal affairs to examine the financial affairs of certain organizations controlled by local government entities.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2010-06-22 - referred to ways and means [S07907 Detail]

Download: New_York-2009-S07907-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7907
                                   I N  S E N A T E
                                     May 21, 2010
                                      ___________
       Introduced  by  Sens. STEWART-COUSINS, KLEIN, KRUEGER, ONORATO, PERALTA,
         STAVISKY -- (at request of the State Comptroller) --  read  twice  and
         ordered  printed, and when printed to be committed to the Committee on
         Local Government
       AN ACT to amend the general municipal law, in relation to audits by  the
         state comptroller of certain organizations controlled by local govern-
         ment entities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 34 of the general  municipal  law,  as  amended  by
    2  chapter 233 of the laws of 2006, is amended to read as follows:
    3    S  34.  Powers  and  duties  of examiners. 1. The comptroller and each
    4  examiner of municipal affairs shall  have  power  to  examine  into  the
    5  financial affairs of every such municipal corporation, industrial devel-
    6  opment agency, district, [fire company as defined in section two hundred
    7  four-a  of this chapter,] agency and activity [and], ANY FIRE COMPANY AS
    8  DEFINED IN SECTION TWO HUNDRED FOUR-A OF THIS  CHAPTER,  AND  ANY  OTHER
    9  ORGANIZATION, EXCEPT A PUBLIC CORPORATION, THAT IS DIRECTLY OR INDIRECT-
   10  LY  CONTROLLED BY ONE OR MORE OF ANY SUCH MUNICIPAL CORPORATIONS, INDUS-
   11  TRIAL DEVELOPMENT AGENCIES, DISTRICTS OR AGENCIES. AN ORGANIZATION SHALL
   12  BE DEEMED UNDER THE CONTROL  OF  ONE  OR  MORE  MUNICIPAL  CORPORATIONS,
   13  INDUSTRIAL DEVELOPMENT AGENCIES, DISTRICTS OR AGENCIES WHEN, AMONG OTHER
   14  CIRCUMSTANCES,  THE  LAW  OR  DOCUMENTS  ESTABLISHING THE ORGANIZATION'S
   15  INTERNAL GOVERNANCE PROVIDE FOR ONE OR MORE OFFICERS OR EMPLOYEES OF ANY
   16  SUCH MUNICIPAL CORPORATION, INDUSTRIAL DEVELOPMENT AGENCY,  DISTRICT  OR
   17  AGENCY,  ACTING  IN THEIR OFFICIAL CAPACITIES, TO: (A) SELECT A MAJORITY
   18  OF A QUORUM OF THE ORGANIZATION'S  HIGHEST  POLICY-MAKING  BODY  OR  THE
   19  ORGANIZATION'S CHIEF EXECUTIVE OFFICER; (B) CONSTITUTE A MAJORITY OF THE
   20  VOTING STRENGTH THAT SELECTS EITHER A MAJORITY OF A QUORUM OF THE ORGAN-
   21  IZATION'S  HIGHEST POLICY-MAKING BODY OR THE ORGANIZATION'S CHIEF EXECU-
   22  TIVE OFFICER; OR (C) SERVE EX OFFICIO AS EITHER: (I)  A  MAJORITY  OF  A
   23  QUORUM OF THE ORGANIZATION'S HIGHEST POLICY-MAKING BODY; (II) THE ORGAN-
   24  IZATION'S  CHIEF  EXECUTIVE OFFICER; OR (III) A PARTNER IN THE ORGANIZA-
   25  TION. AN ORGANIZATION UNDER THE CONTROL OF ONE OR MORE MUNICIPAL  CORPO-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17014-01-0
       S. 7907                             2
    1  RATIONS,  INDUSTRIAL  DEVELOPMENT  AGENCIES, DISTRICTS OR AGENCIES SHALL
    2  ALSO INCLUDE ANY OTHER ORGANIZATION THAT IS CONTROLLED BY SUCH ORGANIZA-
    3  TION.
    4    2. IN CONNECTION WITH ANY EXAMINATION AUTHORIZED BY SUBDIVISION ONE OF
    5  THIS  SECTION,  THE  COMPTROLLER  AND EACH EXAMINER OF MUNICIPAL AFFAIRS
    6  SHALL HAVE POWER to administer an oath to any person whose testimony may
    7  be required, and to compel the appearance and attendance of such  person
    8  for  the  purpose  of  any  such  examination and investigation, and the
    9  production of books and papers. In the case of a municipal  corporation,
   10  industrial  development agency, or school district, no such person shall
   11  be compelled to appear or be examined elsewhere than within such munici-
   12  pal corporation, industrial development agency, or school  district.  In
   13  the  case  of  any district other than a school district, no such person
   14  may be compelled to appear or be examined elsewhere than within the town
   15  or one of the towns  in  which  such  district  or  portion  thereof  is
   16  located. In the case of an urban renewal agency, no such person shall be
   17  compelled  to  appear  or  be examined outside the municipal corporation
   18  wherein such agency is established. In the case of a  fire  company,  no
   19  such person shall be compelled to appear or be examined outside the area
   20  served  by the company. In the case of an activity, no such person shall
   21  be compelled to appear outside the area served by the activity.  IN  THE
   22  CASE  OF  AN  ORGANIZATION  UNDER  THE  CONTROL OF ONE OR MORE MUNICIPAL
   23  CORPORATIONS, INDUSTRIAL DEVELOPMENT AGENCIES, DISTRICTS OR AGENCIES, NO
   24  SUCH PERSON SHALL BE COMPELLED TO APPEAR OR TO BE EXAMINED  OUTSIDE  THE
   25  COUNTY IN WHICH THE ORGANIZATION HAS ITS PRINCIPAL HEADQUARTERS. Willful
   26  false swearing in such examination shall be perjury and shall be punish-
   27  able as such.
   28    S 2. This act shall take effect immediately.