Bill Text: NY A00900 | 2011-2012 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-05 - reported referred to ways and means [A00900 Detail]

Download: New_York-2011-A00900-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1165--A                                             A. 900--A
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    January 5, 2011
                                      ___________
       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 -- Multi-Sponsored by --
         M. of A. COLTON -- read once and referred to the Committee on  Judici-
         ary  --  recommitted  to the Committee on Judiciary 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
   16  EFFECTIVE,  WHENEVER  SUCH   CONTRACT   INVOLVES   THE   RELOCATION   OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00751-02-1
       S. 1165--A                          2                          A. 900--A
    1  SEVENTY-FIVE  OR  MORE  STATE EMPLOYEES, OR SEVENTY-FIVE OR MORE PRIVATE
    2  SECTOR EMPLOYEES PERFORMING A PUBLIC  FUNCTION  OR  ANY  COMBINATION  OF
    3  SEVENTY-FIVE  OR  MORE  PUBLIC AND PRIVATE EMPLOYEES PERFORMING A PUBLIC
    4  FUNCTION,  IT  SHALL  FIRST BE APPROVED BY THE COMPTROLLER AND  THEN THE
    5  STATE LEGISLATURE BY CONCURRENT RESOLUTION DULY ADOPTED AND FILED IN THE
    6  OFFICE OF THE STATE COMPTROLLER, PROVIDED, HOWEVER, THAT THE COMPTROLLER
    7  SHALL MAKE A FINAL WRITTEN DETERMINATION WITH  RESPECT  TO  APPROVAL  OF
    8  SUCH  CONTRACT WITHIN NINETY DAYS OF THE  SUBMISSION OF SUCH CONTRACT TO
    9  HIS OR HER OFFICE, UNLESS THE COMPTROLLER CAN JUSTIFY, IN WRITING TO THE
   10  ENTITY THAT SUBMITTED THE CONTRACT, GOOD CAUSE FOR AN EXTENSION  NOT  TO
   11  EXCEED FIFTEEN DAYS, OR REASONABLE PERIOD OF TIME AGREED TO BY THE ENTI-
   12  TY THAT SUBMITTED THE CONTRACT, FURTHER, THAT SUCH WRITTEN DETERMINATION
   13  OR  EXTENSION  SHALL  BE MADE PART OF THE PROCUREMENT RECORD PURSUANT TO
   14  PARAGRAPH F OF SUBDIVISION ONE OF SECTION  ONE  HUNDRED  SIXTY-THREE  OF
   15  THIS CHAPTER.
   16    S  3.  This  act  shall take effect immediately and shall be deemed to
   17  have been in full force and effect on and after January 1, 2012.