Bill Text: NY A06400 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides restrictions upon the use of state aircraft.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A06400 Detail]

Download: New_York-2011-A06400-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6400
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2011
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the public officers law, in relation to the use of state
         aircraft by certain state officials, officers and employees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings and intent. It  is  the  intention  of
    2  this  legislature  that  a clear-cut statutory policy be enacted that is
    3  both concise and forthright  regarding  usage  of  state  aircraft.  The
    4  legislature determines that state aircraft are paid for and owned by the
    5  taxpayers  of  the  state,  who  are entitled to the assurance that such
    6  resources are being used for legitimate state governmental purposes. The
    7  use of state aircraft shall be reserved for trips  that  are  legitimate
    8  state  governmental  purposes  only,  as  defined in section 72-b of the
    9  public officers law, as trips which are predominantly for official state
   10  business. Any person or persons traveling on state aircraft for purposes
   11  other than official state business shall pay for any trip or any portion
   12  of a trip not exclusively for state business by paying a prorated  share
   13  of a commercial air carrier rate.
   14    S  2.  The public officers law is amended by adding a new section 72-b
   15  to read as follows:
   16    S 72-B. LIMITATION ON USE OF AIRCRAFT BY STATE OFFICIALS, OFFICERS AND
   17  EMPLOYEES. 1. THE AIRCRAFT OWNED,  LEASED,  OR  OPERATED  BY  ANY  STATE
   18  OFFICE,  AGENCY,  AUTHORITY,  DEPARTMENT,  OR BRANCH OF THE LEGISLATURE,
   19  SHALL BE AVAILABLE ONLY FOR OFFICIAL    STATE  BUSINESS.  THE  EXECUTIVE
   20  DEPARTMENT  SHALL  HAVE  THE SOLE POWER TO APPROVE OR DENY REQUESTS  FOR
   21  USE OF STATE AIRCRAFT FOR OFFICIAL STATE BUSINESS.
   22    (A) FOR PURPOSES OF THIS SECTION THE TERM  "OFFICIAL  STATE  BUSINESS"
   23  MEANS ANY ACTIVITY  INVOLVING TRAVEL IN A STATE AIRCRAFT IF THE ACTIVITY
   24  IS  REASONABLY  REQUIRED,    EXPECTED,  OR  APPROPRIATE, CONSIDERING THE
   25  NATURE OF THE PUBLIC OFFICIAL'S OR EMPLOYEE'S JOB RESPONSIBILITIES.  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01072-01-1
       A. 6400                             2
    1  ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO, ATTENDANCE AT  OFFICIAL
    2  MEETINGS, PUBLIC HEARINGS, OR OTHER LEGITIMATE STATE BUSINESS.
    3    (B)  IF  A  PARTICULAR  FLIGHT  IS  IN PART OFFICIAL BUSINESS AND PART
    4  PERSONAL BUSINESS, THE USE OF THE STATE AIRCRAFT SHALL NOT  BE  APPROVED
    5  UNLESS  THE  MAJORITY  OF  THE FLIGHT EXPENSES AND TIME ARE FOR OFFICIAL
    6  BUSINESS. ANY OFFICIAL REQUESTING SUCH FLIGHT SHALL FILE A REQUEST  WITH
    7  THE EXECUTIVE DEPARTMENT WHICH SHALL DETAIL THE NATURE OF THE ACTIVITIES
    8  THEY  INTEND  TO  UNDERTAKE ONCE THE TRAVEL IS APPROVED, AND IF PERSONAL
    9  BUSINESS IS INVOLVED IN ANY WAY, THEY MUST MAKE A REASONABLE  ALLOCATION
   10  OF THE FLIGHT TIME BETWEEN OFFICIAL AND PERSONAL BUSINESS AT THE TIME OF
   11  SUCH  REQUEST.  AFTER SUCH TRAVEL IS COMPLETE AND IF ANY REALLOCATION OF
   12  OFFICIAL AND BUSINESS TIME IS NECESSARY TO CORRECT THE ORIGINAL REQUEST,
   13  SUCH OFFICIAL SHALL PAY WITH NON-STATE FUNDS TO  THE  APPROPRIATE  STATE
   14  AGENCY  THE  CHARGE  FOR  THE  PART  OF  THE FLIGHT THAT IS ALLOCABLE TO
   15  PERSONAL BUSINESS. THE RATE CHARGED SHALL BE CALCULATED BY  SUCH  AGENCY
   16  USING COSTS THAT WOULD BE CONSIDERED IN A RATE DEVELOPED BY A COMMERCIAL
   17  AIR  CARRIER.  IN  ALL  CASES,  THE  FLIGHT  REQUEST FORM, INCLUDING THE
   18  DESCRIPTION OF ACTIVITIES AND THE BASIS FOR THE ALLOCATION AT  THE  TIME
   19  OF  APPLICATION  SHALL BE INDICATED ON THE AIRCRAFT REQUEST FORM AS WELL
   20  AS ANY SUBSEQUENT REALLOCATION SHALL BE KEPT IN THE ORDINARY  COURSE  OF
   21  BUSINESS BY THE EXECUTIVE DEPARTMENT.
   22    2. THE FOLLOWING CRITERIA SHALL BE CONSIDERED BY THE EXECUTIVE DEPART-
   23  MENT IN DETERMINING APPROPRIATE USES OF STATE OWNED, LEASED, OR OPERATED
   24  AIRCRAFT:
   25    (A)  WHETHER  THE USE OF THE AIRCRAFT IS IN FURTHERANCE OF STATE OFFI-
   26  CIAL  OR EMPLOYEE JOB ASSIGNMENTS.
   27    (B) WHETHER THE USE OF THE AIRCRAFT IS FOR TRANSPORTING  AN  EMPLOYEE,
   28  STATE    OFFICIAL,  OR OTHER PERSON AUTHORIZED BY THE AGENCY, AUTHORITY,
   29  DEPARTMENT OR LEGISLATIVE BRANCH FOR  PURPOSES  OF  CONDUCTING  OFFICIAL
   30  STATE BUSINESS OR FOR PURPOSES OF PERFORMING SERVICES FOR THE STATE.
   31    (C)  WHETHER  THE STATE POLICE OR ANY OTHER LAW ENFORCEMENT OFFICE HAS
   32  DETERMINED THAT SECURITY OR TRANSPORTATION VIA AIRCRAFT IS NECESSARY.
   33    (D) WHETHER AN EMERGENCY EXISTS REQUIRING THE USE OF THE AIRCRAFT  FOR
   34  THE PROTECTION OF LIFE OR PROPERTY.
   35    3. A PERSON WHO IS NOT OTHERWISE AUTHORIZED IN THIS SECTION MAY ACCOM-
   36  PANY  THE  GOVERNOR, THE LIEUTENANT GOVERNOR, THE TEMPORARY PRESIDENT OF
   37  THE SENATE, THE SPEAKER OF THE   ASSEMBLY, THE MINORITY  LEADER  OF  THE
   38  SENATE,  THE  MINORITY  LEADER OF THE ASSEMBLY OR THE CHIEF JUDGE OF THE
   39  COURT OF APPEALS WHEN SUCH OFFICIAL IS TRAVELING ON STATE  AIRCRAFT  FOR
   40  OFFICIAL  STATE BUSINESS AND THE AIRCRAFT IS TRAVELING WITH SEATS AVAIL-
   41  ABLE.  WHEN THE PERSON ACCOMPANYING SUCH OFFICIAL IS  NOT  TRAVELING  ON
   42  OFFICIAL  STATE BUSINESS AS PROVIDED IN THIS SECTION, THE TRANSPORTATION
   43  CHARGE SHALL BE A PRORATED SHARE OF A COMMERCIAL AIR CARRIER RATE.   THE
   44  SPOUSE,  DOMESTIC  PARTNER  OR IMMEDIATE FAMILY  MEMBERS OF ANY OFFICIAL
   45  SPECIFIED IN THIS SECTION MAY, WITH PAYMENT OF  TRANSPORTATION  CHARGES,
   46  ACCOMPANY  THE  OFFICIAL  WHEN  SUCH  OFFICIAL IS TRAVELING FOR OFFICIAL
   47  STATE BUSINESS AND THE AIRCRAFT HAS SEATS AVAILABLE.
   48    4. THE STATE COMPTROLLER SHALL ANNUALLY AUDIT THE ASSIGNMENT  AND  USE
   49  OF  STATE  AIRCRAFT, AND SHALL HAVE ACCESS TO ALL DOCUMENTATION RELATING
   50  TO SUCH ASSIGNMENT AND USE.  EACH YEAR THE STATE COMPTROLLER SHALL ISSUE
   51  A REPORT SUMMARIZING THE ANNUAL AUDIT OF STATE AIRCRAFT, A COPY OF WHICH
   52  SHALL BE POSTED TO THE OFFICIAL WEBSITE OF THE DEPARTMENT OF  AUDIT  AND
   53  CONTROL.
   54    S 3. This act shall take effect immediately.