New York A 7476: Relates to comptroller audits of certain organizations controlled by municipal corporations and certain other government entities

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          7476
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 6, 2019
                                       ___________
        Introduced  by M. of A. MAGNARELLI, THIELE, BRONSON, BUCHWALD, McDONALD,
          GALEF, ROZIC -- (at request of the State Comptroller) -- read once and
          referred to the Committee on Local Governments
        AN ACT to amend the general municipal law,  in  relation  to  audits  of
          governmentally controlled 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.  The comptroller and each1.
     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  ] agency [] activity []four-a  of this chapter,and,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-
    24  ization. An organization under the control  of  one  or  more  municipal
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD08963-01-9

        A. 7476                             2
     1  corporations,  industrial  development  agencies,  districts or agencies
     2  shall also include any other organization that  is  controlled  by  such
     3  organization.
     4    2. In connection with any examination authorized by subdivision one of
     5  this  section,  the  comptroller  and each examiner of municipal affairs
     6   to administer an oath to any person whose testimony mayshall have power
     7  be required, and to compel the appearance and attendance of such  person
     8  for  the  purpose  of  any  such  examination and investigation, and the
     9  production of books and papers. In the case of a municipal  corporation,
    10  industrial  development agency, or school district, no such person shall
    11  be compelled to appear or be examined elsewhere than within such munici-
    12  pal corporation, industrial development agency, or school  district.  In
    13  the  case  of  any district other than a school district, no such person
    14  may be compelled to appear or be examined elsewhere than within the town
    15  or one of the towns  in  which  such  district  or  portion  thereof  is
    16  located. In the case of an urban renewal agency, no such person shall be
    17  compelled  to  appear  or  be examined outside the municipal corporation
    18  wherein such agency is established. In the case of a  fire  company,  no
    19  such person shall be compelled to appear or be examined outside the area
    20  served  by the company. In the case of an activity, no such person shall
    21  be compelled to appear outside the area served by the activity.  In  the
    22  case  of  an  organization  under  the  control of one or more municipal
    23  corporations, industrial development agencies, districts or agencies, no
    24  such person shall be compelled to appear or to be examined  outside  the
    25   Willfulcounty in which the organization has its principal headquarters.
    26  false swearing in such ex