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S5449Senate2011-2012 SessionSame asA8007

Provides that any grant or gift of money to the unified court system shall be disposed of by the chief administrator of the courts in the manner provided by law

Sponsor John A. DeFranciscoSD-50Affects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A8007

What's happening

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Who cares

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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

Chair, Finance

No co-sponsors yet.

History

  1. Substituted by A8007
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1082
  5. Referred to judiciary

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S5449

Title of bill

An act to amend the judiciary law, in relation to grants or gifts to the unified court system

This measure is being introduced at the request of the Judiciary.

Currently, section 212(1)(n) of the Judiciary Law authorizes the Chief Administrator of the Courts to accept, on behalf of the State, any grant or gift made to the Unified Court System. Prior to accepting any such grant or gift having a value of $5,000 or more, however, the Chief Administrator must secure the approval of the respective chairs of the Senate Finance and Judiciary Committees and the Assembly Ways and Means and Judiciary Committees.

The purpose of this measure is to relieve the Legislature and the Chief Administrator of the need to engage in what experience has shown to be largely a pro forma exchange of paperwork while a gift is held in abeyance. Accordingly, the measure would amend section 212(1)(n) to eliminate the requirement of legislative approval for larger gifts.

We note that section 11 of the State Finance Law already requires that gifts of money received by any State body or officer be paid to the Department of Taxation and Finance for deposit in the State Treasury in a special fund to be designated by the Comptroller. Thus, access to monetary gifts to the courts will remain subject to legislative oversight. See Const., Art. VII, §7 [providing that "[n]o money shall ever be paid out of the [S]tate [T]reasury or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law..."]; Anderson v. Regan 53 NY2d 356 (1981) ["... we note that the wording of the constitutional provision governing the expenditure of State funds is clear and uncomplicated. Section 7 of article VII of the State Constitution, quite simply, requires that there be a specific legislative appropriation each time that moneys in the State [T]reasury are spent. The constitutional provision does not differentiate among funds on the basis of their source,..."].

This measure, which would have no fiscal impact, would take effect immediately.

Legislative history

None. New proposal.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.