Bill Text: NY A09689 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to audits by the state comptroller of certain organizations directly or indirectly controlled by municipal corporations and certain other government entities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-20 - REFERRED TO RULES [A09689 Detail]

Download: New_York-2011-A09689-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9689
                                 I N  A S S E M B L Y
                                    March 23, 2012
                                      ___________
       Introduced  by  M.  of  A.  MAGNARELLI -- (at request of the State Comp-
         troller) -- read once and referred to the Committee on  Local  Govern-
         ments
       AN  ACT to amend the general municipal law, in relation to audits by the
         state comptroller of certain  organizations  controlled  by  municipal
         corporations and certain other government 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  STATEWIDE  ASSOCIATION OF LOCAL GOVERNMENTS OR
   10  LOCAL GOVERNMENT OFFICIALS, THAT IS CONTROLLED BY ONE  OR  MORE  OF  ANY
   11  SUCH  MUNICIPAL CORPORATIONS, INDUSTRIAL DEVELOPMENT AGENCIES, DISTRICTS
   12  OR AGENCIES.  AN ORGANIZATION SHALL BE DEEMED UNDER THE CONTROL  OF  ONE
   13  OR   MORE   MUNICIPAL  CORPORATIONS,  INDUSTRIAL  DEVELOPMENT  AGENCIES,
   14  DISTRICTS OR AGENCIES WHEN ONE OR MORE INDIVIDUALS WHO SERVE AS OFFICERS
   15  OR EMPLOYEES OF ANY SUCH MUNICIPAL CORPORATION,  INDUSTRIAL  DEVELOPMENT
   16  AGENCY,  DISTRICT  OR AGENCY: (A) SELECT EITHER A MAJORITY OF THE ORGAN-
   17  IZATION'S HIGHEST POLICY-MAKING BODY OR THE ORGANIZATION'S CHIEF  EXECU-
   18  TIVE  OFFICER;  (B)  CONSTITUTE  A  MAJORITY OF THE VOTING STRENGTH THAT
   19  SELECTS EITHER A MAJORITY OF THE  ORGANIZATION'S  HIGHEST  POLICY-MAKING
   20  BODY  OR  THE  ORGANIZATION'S  CHIEF EXECUTIVE OFFICER; OR (C) SERVE AS:
   21  (I) A MAJORITY OF THE ORGANIZATION'S HIGHEST POLICY-MAKING BODY; (II) IN
   22  HIS OR HER OFFICIAL CAPACITY, THE ORGANIZATION'S CHIEF  EXECUTIVE  OFFI-
   23  CER;  OR  (III) IN HIS OR HER OFFICIAL CAPACITY, A PARTNER IN THE ORGAN-
   24  IZATION. AN ORGANIZATION UNDER THE CONTROL  OF  ONE  OR  MORE  MUNICIPAL
   25  CORPORATIONS,  INDUSTRIAL  DEVELOPMENT  AGENCIES,  DISTRICTS OR AGENCIES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14119-03-2
       A. 9689                             2
    1  SHALL ALSO INCLUDE ANY OTHER ORGANIZATION THAT  IS  CONTROLLED  BY  SUCH
    2  ORGANIZATION.
    3    2. IN CONNECTION WITH ANY EXAMINATION AUTHORIZED BY SUBDIVISION ONE OF
    4  THIS  SECTION,  THE  COMPTROLLER  AND EACH EXAMINER OF MUNICIPAL AFFAIRS
    5  SHALL HAVE POWER to administer an oath to any person whose testimony may
    6  be required, and to compel the appearance and attendance of such  person
    7  for  the  purpose  of  any  such  examination and investigation, and the
    8  production of books and papers. In the case of a municipal  corporation,
    9  industrial  development agency, or school district, no such person shall
   10  be compelled to appear or be examined elsewhere than within such munici-
   11  pal corporation, industrial development agency, or school  district.  In
   12  the  case  of  any district other than a school district, no such person
   13  may be compelled to appear or be examined elsewhere than within the town
   14  or one of the towns  in  which  such  district  or  portion  thereof  is
   15  located. In the case of an urban renewal agency, no such person shall be
   16  compelled  to  appear  or  be examined outside the municipal corporation
   17  wherein such agency is established. In the case of a  fire  company,  no
   18  such person shall be compelled to appear or be examined outside the area
   19  served  by the company. In the case of an activity, no such person shall
   20  be compelled to appear outside the area served by the activity.  IN  THE
   21  CASE  OF  AN  ORGANIZATION  UNDER  THE  CONTROL OF ONE OR MORE MUNICIPAL
   22  CORPORATIONS, INDUSTRIAL DEVELOPMENT AGENCIES, DISTRICTS OR AGENCIES, NO
   23  SUCH PERSON SHALL BE COMPELLED TO APPEAR OR TO BE EXAMINED  OUTSIDE  THE
   24  COUNTY IN WHICH THE ORGANIZATION HAS ITS PRINCIPAL HEADQUARTERS. Willful
   25  false swearing in such examination shall be perjury and shall be punish-
   26  able as such.
   27    3. FOR PURPOSES OF THIS SECTION, THE TERM "A MAJORITY OF THE ORGANIZA-
   28  TION'S  HIGHEST  POLICY-MAKING  BODY" SHALL MEAN A MAJORITY OF THE WHOLE
   29  NUMBER OF POSITIONS COMPRISING SUCH BODY, PROVIDED, HOWEVER, THAT IF THE
   30  DOCUMENTS ESTABLISHING THE ORGANIZATION'S INTERNAL GOVERNANCE ALLOW SUCH
   31  BODY TO ACT BY A MAJORITY OF A QUORUM,  THEN  SUCH  TERM  SHALL  MEAN  A
   32  MAJORITY OF THE QUORUM.
   33    S 2. This act shall take effect immediately.