New York State Assembly

 
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A03047 Summary:

A03047 Actions:

A03047 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Magnarelli      
DATE:02/14/2017AYE/NAY:19/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
Friend
Aye
Gantt
Excused
McKevitt
Aye
Magee
Aye
Stec
Aye
Ramos
Aye
Brabenec
Aye
Jenne
Aye
Miller
Aye
Bronson
Aye
Ryan
Aye
Skartados
Aye
Buchwald
Aye
Gjonaj
Aye
Otis
Aye
Skoufis
Aye
Jean-Pierre
Aye
Woerner
Aye
Wallace
Aye

Committee:CODES   Chair:Lentol      
DATE:03/01/2017AYE/NAY:21/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Excused
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:05/09/2017AYE/NAY:32/1  Action: Favorable         
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Weinstein
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Nay
Nolan
Excused
Walter
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

A03047 Floor Votes:

A03047 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3047
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2017
                                       ___________
 
        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    §  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
    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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00026-01-7
        A. 3047                             2
 
     1  ization. An organization under the control  of  one  or  more  municipal
     2  corporations,  industrial  development  agencies,  districts or agencies
     3  shall also include any other organization that  is  controlled  by  such
     4  organization.
     5    2. In connection with any examination authorized by subdivision one of
     6  this  section,  the  comptroller  and each examiner of municipal affairs
     7  shall have power to administer an oath to any person whose testimony may
     8  be required, and to compel the appearance and attendance of such  person
     9  for  the  purpose  of  any  such  examination and investigation, and the
    10  production of books and papers. In the case of a municipal  corporation,
    11  industrial  development agency, or school district, no such person shall
    12  be compelled to appear or be examined elsewhere than within such munici-
    13  pal corporation, industrial development agency, or school  district.  In
    14  the  case  of  any district other than a school district, no such person
    15  may be compelled to appear or be examined elsewhere than within the town
    16  or one of the towns  in  which  such  district  or  portion  thereof  is
    17  located. In the case of an urban renewal agency, no such person shall be
    18  compelled  to  appear  or  be examined outside the municipal corporation
    19  wherein such agency is established. In the case of a  fire  company,  no
    20  such person shall be compelled to appear or be examined outside the area
    21  served  by the company. In the case of an activity, no such person shall
    22  be compelled to appear outside the area served by the activity.  In  the
    23  case  of  an  organization  under  the  control of one or more municipal
    24  corporations, industrial development agencies, districts or agencies, no
    25  such person shall be compelled to appear or to be examined  outside  the
    26  county in which the organization has its principal headquarters. Willful
    27  false swearing in such examination shall be perjury and shall be punish-
    28  able as such.
    29    3. For purposes of this section, the term "a majority of the organiza-
    30  tion's  highest  policy-making  body" shall mean a majority of the whole
    31  number of positions comprising such body, provided, however, that if the
    32  documents establishing the organization's internal governance allow such
    33  body to act by a majority of a quorum,  then  such  term  shall  mean  a
    34  majority of the quorum.
    35    § 2. This act shall take effect immediately.