Bill Text: NY S01295 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides restrictions upon the use of state aircraft.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01295 Detail]

Download: New_York-2011-S01295-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1295
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the public officers law, in relation to the use of state
         aircraft by certain state officials, officers and employees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  findings  and intent. It is the intention of
    2  this legislature that a clear-cut statutory policy be  enacted  that  is
    3  both  concise  and  forthright  regarding  usage  of state aircraft. The
    4  legislature determines that state aircraft are paid for and owned by the
    5  taxpayers of the state, who are entitled  to  the  assurance  that  such
    6  resources are being used for legitimate state governmental purposes. The
    7  use  of  state  aircraft shall be reserved for trips that are legitimate
    8  state governmental purposes only, as defined  in  section  72-b  of  the
    9  public officers law, as trips which are predominantly for official state
   10  business. Any person or persons traveling on state aircraft for purposes
   11  other than official state business shall pay for any trip or any portion
   12  of  a trip not exclusively for state business by paying a prorated share
   13  of a commercial air carrier rate.
   14    S 2. The public officers law is amended by adding a new  section  72-b
   15  to read as follows:
   16    S 72-B. LIMITATION ON USE OF AIRCRAFT BY STATE OFFICIALS, OFFICERS AND
   17  EMPLOYEES.  1.  THE  AIRCRAFT  OWNED,  LEASED,  OR OPERATED BY ANY STATE
   18  OFFICE, AGENCY, AUTHORITY, DEPARTMENT, OR  BRANCH  OF  THE  LEGISLATURE,
   19  SHALL  BE  AVAILABLE  ONLY  FOR OFFICIAL   STATE BUSINESS. THE EXECUTIVE
   20  DEPARTMENT SHALL HAVE THE SOLE POWER TO APPROVE OR DENY  REQUESTS    FOR
   21  USE OF STATE AIRCRAFT FOR OFFICIAL STATE BUSINESS.
   22    (A)  FOR  PURPOSES  OF THIS SECTION THE TERM "OFFICIAL STATE BUSINESS"
   23  MEANS ANY ACTIVITY  INVOLVING TRAVEL IN A STATE AIRCRAFT IF THE ACTIVITY
   24  IS REASONABLY REQUIRED,    EXPECTED,  OR  APPROPRIATE,  CONSIDERING  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01072-01-1
       S. 1295                             2
    1  NATURE OF THE PUBLIC OFFICIAL'S OR EMPLOYEE'S JOB RESPONSIBILITIES.  THE
    2  ACTIVITIES  SHALL INCLUDE, BUT NOT BE LIMITED TO, ATTENDANCE AT OFFICIAL
    3  MEETINGS, PUBLIC HEARINGS, OR OTHER LEGITIMATE STATE BUSINESS.
    4    (B)  IF  A  PARTICULAR  FLIGHT  IS  IN PART OFFICIAL BUSINESS AND PART
    5  PERSONAL BUSINESS, THE USE OF THE STATE AIRCRAFT SHALL NOT  BE  APPROVED
    6  UNLESS  THE  MAJORITY  OF  THE FLIGHT EXPENSES AND TIME ARE FOR OFFICIAL
    7  BUSINESS. ANY OFFICIAL REQUESTING SUCH FLIGHT SHALL FILE A REQUEST  WITH
    8  THE EXECUTIVE DEPARTMENT WHICH SHALL DETAIL THE NATURE OF THE ACTIVITIES
    9  THEY  INTEND  TO  UNDERTAKE ONCE THE TRAVEL IS APPROVED, AND IF PERSONAL
   10  BUSINESS IS INVOLVED IN ANY WAY, THEY MUST MAKE A REASONABLE  ALLOCATION
   11  OF THE FLIGHT TIME BETWEEN OFFICIAL AND PERSONAL BUSINESS AT THE TIME OF
   12  SUCH  REQUEST.  AFTER SUCH TRAVEL IS COMPLETE AND IF ANY REALLOCATION OF
   13  OFFICIAL AND BUSINESS TIME IS NECESSARY TO CORRECT THE ORIGINAL REQUEST,
   14  SUCH OFFICIAL SHALL PAY WITH NON-STATE FUNDS TO  THE  APPROPRIATE  STATE
   15  AGENCY  THE  CHARGE  FOR  THE  PART  OF  THE FLIGHT THAT IS ALLOCABLE TO
   16  PERSONAL BUSINESS. THE RATE CHARGED SHALL BE CALCULATED BY  SUCH  AGENCY
   17  USING COSTS THAT WOULD BE CONSIDERED IN A RATE DEVELOPED BY A COMMERCIAL
   18  AIR  CARRIER.  IN  ALL  CASES,  THE  FLIGHT  REQUEST FORM, INCLUDING THE
   19  DESCRIPTION OF ACTIVITIES AND THE BASIS FOR THE ALLOCATION AT  THE  TIME
   20  OF  APPLICATION  SHALL BE INDICATED ON THE AIRCRAFT REQUEST FORM AS WELL
   21  AS ANY SUBSEQUENT REALLOCATION SHALL BE KEPT IN THE ORDINARY  COURSE  OF
   22  BUSINESS BY THE EXECUTIVE DEPARTMENT.
   23    2. THE FOLLOWING CRITERIA SHALL BE CONSIDERED BY THE EXECUTIVE DEPART-
   24  MENT IN DETERMINING APPROPRIATE USES OF STATE OWNED, LEASED, OR OPERATED
   25  AIRCRAFT:
   26    (A)  WHETHER  THE USE OF THE AIRCRAFT IS IN FURTHERANCE OF STATE OFFI-
   27  CIAL  OR EMPLOYEE JOB ASSIGNMENTS.
   28    (B) WHETHER THE USE OF THE AIRCRAFT IS FOR TRANSPORTING  AN  EMPLOYEE,
   29  STATE    OFFICIAL,  OR OTHER PERSON AUTHORIZED BY THE AGENCY, AUTHORITY,
   30  DEPARTMENT OR LEGISLATIVE BRANCH FOR  PURPOSES  OF  CONDUCTING  OFFICIAL
   31  STATE BUSINESS OR FOR PURPOSES OF PERFORMING SERVICES FOR THE STATE.
   32    (C)  WHETHER  THE STATE POLICE OR ANY OTHER LAW ENFORCEMENT OFFICE HAS
   33  DETERMINED THAT SECURITY OR TRANSPORTATION VIA AIRCRAFT IS NECESSARY.
   34    (D) WHETHER AN EMERGENCY EXISTS REQUIRING THE USE OF THE AIRCRAFT  FOR
   35  THE PROTECTION OF LIFE OR PROPERTY.
   36    3. A PERSON WHO IS NOT OTHERWISE AUTHORIZED IN THIS SECTION MAY ACCOM-
   37  PANY  THE  GOVERNOR, THE LIEUTENANT GOVERNOR, THE TEMPORARY PRESIDENT OF
   38  THE SENATE, THE SPEAKER OF THE   ASSEMBLY, THE MINORITY  LEADER  OF  THE
   39  SENATE,  THE  MINORITY  LEADER OF THE ASSEMBLY OR THE CHIEF JUDGE OF THE
   40  COURT OF APPEALS WHEN SUCH OFFICIAL IS TRAVELING ON STATE  AIRCRAFT  FOR
   41  OFFICIAL  STATE BUSINESS AND THE AIRCRAFT IS TRAVELING WITH SEATS AVAIL-
   42  ABLE.  WHEN THE PERSON ACCOMPANYING SUCH OFFICIAL IS  NOT  TRAVELING  ON
   43  OFFICIAL  STATE BUSINESS AS PROVIDED IN THIS SECTION, THE TRANSPORTATION
   44  CHARGE SHALL BE A PRORATED SHARE OF A COMMERCIAL AIR CARRIER RATE.   THE
   45  SPOUSE,  DOMESTIC  PARTNER  OR IMMEDIATE FAMILY  MEMBERS OF ANY OFFICIAL
   46  SPECIFIED IN THIS SECTION MAY, WITH PAYMENT OF  TRANSPORTATION  CHARGES,
   47  ACCOMPANY  THE  OFFICIAL  WHEN  SUCH  OFFICIAL IS TRAVELING FOR OFFICIAL
   48  STATE BUSINESS AND THE AIRCRAFT HAS SEATS AVAILABLE.
   49    4. THE STATE COMPTROLLER SHALL ANNUALLY AUDIT THE ASSIGNMENT  AND  USE
   50  OF  STATE  AIRCRAFT, AND SHALL HAVE ACCESS TO ALL DOCUMENTATION RELATING
   51  TO SUCH ASSIGNMENT AND USE.  EACH YEAR THE STATE COMPTROLLER SHALL ISSUE
   52  A REPORT SUMMARIZING THE ANNUAL AUDIT OF STATE AIRCRAFT, A COPY OF WHICH
   53  SHALL BE POSTED TO THE OFFICIAL WEBSITE OF THE DEPARTMENT OF  AUDIT  AND
   54  CONTROL.
   55    S 3. This act shall take effect immediately.