STATE OF NEW YORK ________________________________________________________________________ 1150 2019-2020 Regular Sessions IN SENATE January 11, 2019 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the town law, in relation to the office of town comp- troller The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 20 of the town 2 law, as amended by chapter 252 of the laws of 1990, is amended to read 3 as follows: 4 (a) Every town of the first class shall have a supervisor, four town 5 councilmen, unless the number of councilmen shall have been increased to 6 six or decreased to two as provided by this chapter, a town clerk, two 7 town justices, a town superintendent of highways, one assessor, a 8 receiver of taxes and assessments, a town comptroller, as many town 9 policemen and such other employees as the town board may determine 10 necessary for the proper conduct of the affairs of the town. The super- 11 visor, town councilmen, town clerk, town justices, town superintendent 12 of highways and receiver of taxes and assessments in every such town 13 shall be elective. All other officers and employees in such a town shall 14 be appointed by the town board, except as otherwise provided by law. In 15 any town in which a town police department has been established pursuant 16 to law, or which town is a part of a county police district, the town 17 board may appoint not more than four civil officers who shall possess 18 all the powers and duties of constables in civil actions and proceedings 19 only, and shall be paid no salary by the town board but shall be enti- 20 tled to collect the statutory fees allowed by law in such civil actions 21 and proceedings. The clerk of the court of a town shall be employed and 22 discharged from employment only upon the advice and consent of the town 23 justice or justices. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06318-01-9

S. 1150 2 1 § 2. Paragraphs (b) and (d) of subdivision 3 of section 20 of the town 2 law, as amended by chapter 131 of the laws of 1955, are amended to read 3 as follows: 4 (b) (1) The town board of any town of the first class[~~, or any town of~~ 5 ~~the second class having a population of over forty thousand according to~~ 6 ~~the latest federal census or state enumeration, may adopt a resolution~~ 7 ~~establishing the office of town comptroller and~~] shall appoint a town 8 comptroller who shall hold office until the first day of January next 9 succeeding the first biennial town election held after the time of his 10 or her appointment. On the first day of January next succeeding the 11 first biennial town election held after the time of the establishment of 12 such office, and biennially thereafter, the town board shall appoint a 13 comptroller who shall hold office for a term of two years. [~~The town~~ 14 ~~board of any town in which the office of town comptroller shall have~~ 15 ~~been established may adopt a resolution abolishing such office and upon~~ 16 ~~the expiration of the term of office of the incumbent such office shall~~ 17 ~~be abolished and no successor shall be appointed.~~] 18 (2) The town board of any town of the second class having a population 19 of over forty thousand according to the latest federal census or state 20 enumeration may adopt a resolution establishing the office of town comp- 21 troller and appoint a town comptroller who shall hold office until the 22 first day of January next succeeding the first biennial town election 23 held after the time of his or her appointment. On the first day of Janu- 24 ary next succeeding the first biennial town election held after the time 25 of the establishment of such office, and biennially thereafter, the town 26 board shall appoint a comptroller who shall hold office for a term of 27 two years. The town board of any town in which the office of town comp- 28 troller shall have been established may adopt a resolution abolishing 29 such office and upon the expiration of the term of office of the incum- 30 bent such office shall be abolished and no successor shall be appointed. 31 (d) The town board of any town [~~which has established the office of~~] 32 in which there is a town comptroller pursuant to the provisions of para- 33 graph (b) of this subdivision, may establish the office of deputy comp- 34 troller and fix the salary therefor; and the town board of any such town 35 in which such office shall have been established may abolish such 36 office. It shall be the duty of the deputy comptroller to assist the 37 comptroller in the performance of his or her duties and if and when the 38 comptroller is absent or is unable to perform the duties of his or her 39 office for any other reason, such deputy shall have full power and 40 authority to perform all the duties of the comptroller so long as such 41 officer is either absent or otherwise incapable of performing his or her 42 duties. 43 § 3. Subdivision 3 of section 29 of the town law, as amended by chap- 44 ter 245 of the laws of 1973, is amended to read as follows: 45 3. Shall disburse such moneys only by checks payable to the person or 46 persons entitled thereto, which checks shall[~~, if the town board~~ 47 ~~requires such countersignature,~~] be countersigned by the town clerk, or 48 by the comptroller in towns [~~where the office of~~] in which there is a 49 town comptroller [~~has been established~~]. When authorized by resolution 50 of the town board, such checks may be signed with the facsimile signa- 51 ture of the supervisor or other town officer whose signature is 52 required, as reproduced by a machine or device commonly known as a 53 checksigner. By resolution duly adopted, the town board may determine to 54 enter into a contract to provide for the deposit of the periodic payroll 55 of the town in a bank or trust company for disbursal by it in accordance 56 with provisions of section ninety-six-b of the banking law.

S. 1150 3 1 § 4. Subdivision 9 of section 30 of the town law, as added by chapter 2 500 of the laws of 1945, is amended to read as follows: 3 9. Except in towns [~~where the office of~~] in which there is a town 4 comptroller [~~has been created~~] the town clerk, when required by resol- 5 ution of its town board, shall countersign all checks required to be 6 signed by the supervisor. 7 § 5. Section 34 of the town law, as amended by chapter 105 of the laws 8 of 1960, subdivision 2 as amended by chapter 1049 of the laws of 1969, 9 is amended to read as follows: 10 § 34. Powers and duties of town comptroller. 1. In any town in which 11 [~~the office of~~] there is a town comptroller [~~shall have been estab-~~ 12 ~~lished~~] and a town comptroller shall have been appointed and shall have 13 qualified, the powers of the town board of that town with respect to 14 auditing, allowing or rejecting all accounts, charges, claims or demands 15 against the town or the improvement districts thereof and with respect 16 to the examining, auditing and certification of accounts and receipts of 17 town officers, and making provision for preparing and publishing or 18 posting lists of all such accounts, charges, claims or demands after the 19 audit or rejection thereof, including the powers conferred and duties 20 imposed upon the town board in relation to auditing and approving 21 certain claims pursuant to sections two hundred eighty-four and two 22 hundred eighty-five of the highway law, shall devolve upon and thereaft- 23 er be exercised by such town comptroller, during the continuance of such 24 office; and with respect to the powers so conferred and the duties so 25 imposed he or she shall be the town board of the town during the contin- 26 uance of such office. The comptroller[~~, when required by resolution of~~ 27 ~~the town board,~~] shall countersign all checks required to be signed by 28 the supervisor. The comptroller shall annually audit the fiscal affairs 29 of each improvement district in said town operating under article thir- 30 teen of this chapter and report thereon in writing to the town board. 31 2. In any town in which [~~the office of~~] there is a town comptroller 32 [~~shall have been established~~] and a town comptroller shall have been 33 appointed and shall have qualified, [~~the town board may by ordinance~~ 34 ~~provide that either or both of~~] the following powers conferred and 35 duties imposed upon the supervisor under section one hundred twenty-five 36 of this chapter shall devolve upon and be exercised by such town comp- 37 troller during the continuance of such office: (a) the keeping of sepa- 38 rate appropriation accounts and preventing funds or appropriation 39 accounts from being overdrawn; [or] and (b) the drawing upon funds or 40 appropriations, provided the counter-signature of the supervisor shall 41 be required. The town comptroller shall furnish to the supervisor such 42 information and data as the supervisor may require for the purpose of 43 enabling him or her to exercise his or her powers and perform his or her 44 duties or make reports required by law. 45 § 6. Section 124 of the town law, as amended by chapter 390 of the 46 laws of 1983, is amended to read as follows: 47 § 124. Designation of the comptroller as accounting officer. 1. (a) 48 Notwithstanding any other provision of this chapter, [~~the town board of~~ 49 ~~a town in which the office of comptroller has been established may, by~~ 50 ~~resolution, determine that such officer~~] in a town of the first class 51 the comptroller shall be the accounting officer of the town[~~. In such~~ 52 ~~event,~~] and all of the accounting duties of the town supervisor shall be 53 transferred to and be performed by the comptroller. 54 (b) Notwithstanding any other provision of this chapter, the town 55 board of a town of the second class in which the office of comptroller 56 has been established may, by resolution, determine that such officer

S. 1150 4 1 shall be the accounting officer of the town, In such event, all of the 2 accounting duties of the town supervisor shall be transferred to and be 3 performed by the comptroller. 4 2. In addition to keeping detailed accounting records, the comptroller 5 shall prepare and transmit to the town clerk the report required by 6 subdivision ten or, if the town board shall so determine, the report 7 required by subdivision ten-a of section twenty-nine of this chapter. 8 He or she shall also render to the town board the detailed monthly 9 statement required by section one hundred twenty-five of this chapter, 10 and shall prepare and submit to the state department of audit and 11 control the report required by section thirty of the general municipal 12 law. 13 3. Notwithstanding any other provision of the highway law, social 14 services law, or this chapter, no money shall be paid out by the super- 15 visor except upon the warrant of the town comptroller. Every officer 16 required to submit a monthly statement to the town supervisor pursuant 17 to subdivision one of section twenty-seven of this chapter shall furnish 18 a copy thereof to the town comptroller. 19 4. Nothing in this section shall be construed to relieve the town 20 supervisor of his or her duties as treasurer of the town pursuant to 21 subdivisions one, two, three and four of section twenty-nine of this 22 chapter. 23 § 7. This act shall take effect immediately.

Relates to the office of town comptroller

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