STATE OF NEW YORK
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7056--A
Cal. No. 268
2015-2016 Regular Sessions
IN ASSEMBLY
April 22, 2015
___________
Introduced by M. of A. MAGNARELLI, BRONSON, SKOUFIS, WOERNER -- (at
request of the State Comptroller) -- read once and referred to the
Committee on Local Governments -- advanced to a third reading, amended
and ordered reprinted, retaining its place on the order of third read-
ing
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 § 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
8 as 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02340-04-5
A. 7056--A 2
1 his or her official capacity, the organization's chief executive offi-
2 cer; or (iii) in his or her official capacity, a partner in the organ-
3 ization. An organization under the control of one or more municipal
4 corporations, industrial development agencies, districts or agencies
5 shall also include any other organization that is controlled by such
6 organization.
7 2. In connection with any examination authorized by subdivision one of
8 this section, the comptroller and each examiner of municipal affairs
9 shall have power to administer an oath to any person whose testimony may
10 be required, and to compel the appearance and attendance of such person
11 for the purpose of any such examination and investigation, and the
12 production of books and papers. In the case of a municipal corporation,
13 industrial development agency, or school district, no such person shall
14 be compelled to appear or be examined elsewhere than within such munici-
15 pal corporation, industrial development agency, or school district. In
16 the case of any district other than a school district, no such person
17 may be compelled to appear or be examined elsewhere than within the town
18 or one of the towns in which such district or portion thereof is
19 located. In the case of an urban renewal agency, no such person shall be
20 compelled to appear or be examined outside the municipal corporation
21 wherein such agency is established. In the case of a fire company, no
22 such person shall be compelled to appear or be examined outside the area
23 served by the company. In the case of an activity, no such person shall
24 be compelled to appear outside the area served by the activity. In the
25 case of an organization under the control of one or more municipal
26 corporations, industrial development agencies, districts or agencies, no
27 such person shall be compelled to appear or to be examined outside the
28 county in which the organization has its principal headquarters. Willful
29 false swearing in such examination shall be perjury and shall be punish-
30 able as such.
31 3. For purposes of this section, the term "a majority of the organiza-
32 tion's highest policy-making body" shall mean a majority of the whole
33 number of positions comprising such body, provided, however, that if the
34 documents establishing the organization's internal governance allow such
35 body to act by a majority of a quorum, then such term shall mean a
36 majority of the quorum.
37 § 2. This act shall take effect immediately.
