Provides restrictions upon the use of state aircraft

Summary of provisions

Section one are the findings of the legislature on this issue.

Section 2, subdivision 1 amends the Public Officers Law by adding a new section 72-b outlining who may request the use of state aircraft and how such use is approved.

Section 2, subdivision 1(a) defines the term "official state business" for purposes of determining if the use is allowed under the bill and vests approval or denial of a request with the executive department.

Section 2, subdivision 1(b) outlines a process for reallocation of funds for trips that are part official business and part personal business.

Subdivision 2 establishes criteria the executive department shall consider in determining whether or not use of state aircraft should be approved or denied.

Subdivision 3 establishes the procedure for accompanying persons other than state officials, officers, or employees to travel on state aircraft along with a schedule for proper reimbursement.

Subdivision 4 requires the state comptroller to annually audit the assignment and use of state aircraft and present a report, to be published on the official website of the department of audit and control.

Section 3 this act shall take effect immediately.

Existing law

None.

Justification

While the State maintains a fleet of aircraft, there has not been. any clear direction in the form of statutory guidance on who may travel on them and how they are to be used. This bill would clarify who may use state aircraft, what they may be used for, and in what

circumstances their use is deemed to be proper and in accordance with the law.

Currently, our State has no formal process for requesting and using state aircraft. Typically, state aircraft have been available for use by the Governor, Lieutenant Governor, Speaker of the Assembly, President Pro Tem of the Senate, Minority Leader of the Assembly, and Minority Leader of the Senate. There is no actual policy however, that outlines how aircraft are to be requested, for what purposes the aircraft is needed, or even whether the trip is to attend official business or is for a personal nature or mixed use. Indeed, under the current policy all one need do is submit a written request to the Executive Department, which is then approved or denied. Oftentimes a description of the purpose of the trip is de minimus, requiring approval or denial to rest solely on a small amount of information.

This bill would set forth guidelines for actual use of state aircraft and require state officials and employees to reimburse the state for the personal use portion of a trip that is taken for mixed business and personal purposes. Moreover, criteria are established that the Executive Department must take into consideration in determining whether to approve or deny a request for use of the state aircraft. The State Comptroller would also be required to annually audit the assignment and use of state aircraft in an effort to uproot fraud and abuses and also provide a check on the Executive Department's determinations to either approve or deny requests.

Legislative history

2009: S.4145 (Duane), Died in Investigations & Government Ops; A.8124 (Kavanaugh), Died in Government Ops 2010: S.4145 (Duane), Died in Investigations & Government Ops; A.8124 (Kavanaugh), Died in Government Ops

Fiscal implications

The State will actually realize funds should this bill take effect as public officials, officers and employees would be required to reimburse the state for trips on state aircraft that are for a mixed use, while currently they are not required to do so.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.