reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 101 - Sale Of Lost Property Deposited With State Police › Section 101.3 - Manner of sale

Current through Register Vol. 46, No. 28, July 10, 2024
Such sale shall be effected by public auction held in the
				  following manner:
(a) Subject to the
				provisions of section
				101.2  of this Part,
				at such day, time and place as shall be determined by the Superintendent of
				State Police.
(b) By a member of
				the Division of State Police, or in the discretion of such superintendent, by
				an auctioneer qualified as such in accordance with law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 101 - Sale Of Lost Property Deposited With State Police › Section 101.4 - Publication

Current through Register Vol. 46, No. 28, July 10, 2024
Any such sale must be preceded by a notice published in a
				  newspaper in the county where the sale is to take place. Such notice must be
				  published at least once and no later than 48 hours prior to the
				  sale.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 101 - Sale Of Lost Property Deposited With State Police › Section 101.5 - Lawful deductions

Current through Register Vol. 46, No. 28, July 10, 2024
Lawful, reasonable and necessary expenses incurred by such
				  superintendent in effecting such sale shall be deducted from the amount
				  received for each article of personal property sold in the proportion that each
				  such amount bears to the total amount received at such sale. After audit by the
				  State Comptroller, amounts so deducted shall be used by such superintendent to
				  defray such expenses.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 101 - Sale Of Lost Property Deposited With State Police › Section 101.6 - Report to comptroller

Current through Register Vol. 46, No. 28, July 10, 2024
The amount remaining after such deduction shall be remitted
				  forthwith to the State Comptroller accompanied by a report in such form and
				  detail as the State Comptroller may prescribe.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 102 - Recurring Wages And Salary Payments Through Financial Institutions By The Automated Clearing-house Method › Section 102.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Whereas, the State Comptroller is responsible for the
				  preparation of recurring wages and salary payments for employees of the State
				  of New York; and
Whereas, the State Comptroller, in consultation with the
				  Commissioner of Taxation and Finance, has determined that employees paid by the
				  Office of the State Comptroller should have the option of receiving their wages
				  and salary payments through a direct deposit program, and the State Comptroller
				  thereafter promulgated these regulations in furtherance of developing a program
				  for electronic transfers of funds to employees' personal accounts at financial
				  institutions; and
Whereas, the enactment of chapter 48 of the Laws of 1988
				  provided the State Comptroller with the authority to promulgate reasonable
				  rules and regulations as may be necessary, to administer the direct deposit of
				  employees' salaries; it is, therefore, hereby:
Determined that the following regulations shall be
				  promulgated prescribing the procedure for an optional alternative means of
				  payment to State employees, consisting of a program to be known as the direct
				  deposit program.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 102 - Recurring Wages And Salary Payments Through Financial Institutions By The Automated Clearing-house Method › Section 102.2 - Scope of regulations

Current through Register Vol. 46, No. 28, July 10, 2024
This Part governs the making of recurring wages and salary
				  payments by the State of New York through the Federal Reserve Bank to financial
				  institutions in the United States which are automated clearing house (ACH)
				  capable, to accounts of employees at such financial
				  institutions.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 102 - Recurring Wages And Salary Payments Through Financial Institutions By The Automated Clearing-house Method › Section 102.4 - Originating depository financial institution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The originating depository financial
				institution, with whom the State has entered into a direct deposit agreement,
				shall receive payment instructions from the State and shall make available and
				pay amounts specified in these payment instructions to financial institutions
				through the Federal Reserve Bank, and shall otherwise carry out the procedures
				and conduct the operations contemplated under this Part.
(b) The State by its action of issuing and
				sending any payment instruction contained in the media specified in section
				102.3(e) 
				of this Part shall be deemed to authorize the originating depository financial
				institution:
(1) to pay the amount specified
				in the payment instruction to the debit of the general account of the State on
				the payment date; and
(2) to handle
				and act upon such payment instruction by transmitting the same to the Federal
				Reserve Bank for forwarding to the recipient's financial institution.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 102 - Recurring Wages And Salary Payments Through Financial Institutions By The Automated Clearing-house Method › Section 102.5 - Recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No recipient
				has been or shall be compelled to participate in the program for direct deposit
				of his or her wages or salary. In the event a recipient elects to participate
				in the program, the recipient shall not be compelled to establish an account
				for receipt of payment instructions with a particular financial institution as
				a condition of employment or receipt of recurring payments, except that only
				participating financial institutions as defined in this Part may be so
				designated by any recipient.
(b) In
				order for a recipient to receive a recurring payment by the automated
				clearinghouse method under this Part, at a financial institution of the
				recipient's choosing and to an account the title of which includes the
				recipient's name, the recipient shall execute the applicable portion of the
				direct deposit of salary enrollment form prescribed by the Department of Audit
				and Control for such recurring payments and deliver it to the employee's agency
				payroll office or to such financial institution. When appropriate, the
				financial institution shall complete the form and verify the information
				thereon.
(c) In executing a direct
				deposit of salary enrollment form, a recipient:
(1) designates the financial institution and
				the account on the books of such financial institution to which the amount of
				the payments shall be credited;
(2)
				is deemed to agree to the provisions of this Part including without limitation,
				the provisions regarding recovery of erroneous payments; and
(3) authorizes the Department of Audit and
				Control to terminate any previously executed direct deposit of salary
				enrollment form or any other inconsistent payment instructions applicable to
				the relevant recurring payment.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 102 - Recurring Wages And Salary Payments Through Financial Institutions By The Automated Clearing-house Method › Section 102.6 - Financial institutions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Regardless of whether it has executed a direct deposit of salary enrollment
				form, a financial institution's acceptance and handling of a payment issued
				pursuant to this Part shall constitute its agreement to the provisions of this
				Part.
(b) A financial institution
				in executing a direct deposit of salary enrollment form shall be responsible
				for:
(1) the completeness and accuracy of the
				data entered by it in its portion of the direct deposit of salary enrollment
				form; and
(2) verification of the
				identity of the recipient and any joint tenant on the account, if applicable,
				who initiate and execute the direct deposit of salary enrollment form through
				such financial institution, and that the account number entered by the
				recipient on the direct deposit of salary enrollment form corresponds to an
				account bearing the name of the recipient and if a joint tenant has signed the
				form, that the joint tenant is also named as a depositor on the account. A
				financial institution that executes a direct deposit of salary enrollment form
				on which the recipient's signature or the joint tenant's signature is forged
				shall be liable to the State under this Part for all payments made on the basis
				of such form. However, if the State fails to take corrective action after it
				has been notified that a payment has not been received by the correct recipient
				due to forgery, the State shall be liable for any payments based on the forged
				direct deposit of salary enrollment form and made after the date of such
				notice.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 102 - Recurring Wages And Salary Payments Through Financial Institutions By The Automated Clearing-house Method › Section 102.7 - Timeliness of action

Current through Register Vol. 46, No. 28, July 10, 2024
If, because of circumstances beyond its control, the State,
				  the originating depository financial institution or any financial institution
				  shall be delayed beyond the time prescribed for the action (including the
				  payment date) provided by this Part, by the operating circulars of the Federal
				  Reserve Banks, or by applicable law with respect to a payment, the time within
				  which such action shall be completed shall be extended for such time after the
				  cause of the delay ceases to operate as shall be necessary to take or complete
				  the action, provided the State, the originating depository financial
				  institution, or the financial institution exercises such diligence as the
				  circumstances require.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 102 - Recurring Wages And Salary Payments Through Financial Institutions By The Automated Clearing-house Method › Section 102.8 - Collection procedures for erroneous payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A financial institution shall be
				responsible to the State for the collection of the total amount of all payments
				received after the death of the recipient or upon notification by the State
				that it has made any other erroneous payment to the recipient's account. This
				Part authorizes a financial institution to debit the account of the appropriate
				recipient, living or deceased, for the amount to be collected by the financial
				institution.
(b) For each type of
				erroneous payment, the State will send a notice of reversal to the financial
				institution via the Automated Clearing House (ACH). The State will enter
				pertinent payment information into the "ASK CHASE" on-line system. The entry
				will identify payments sent to the financial institution for credit to the
				account of the recipient which should be returned by the financial institution
				in the case of the death of a recipient or if the State has made an erroneous
				payment to the recipient's account.
(c) Upon receipt of the notice of reversal,
				the financial institution shall return to the State an amount equal to the
				overpayment or erroneous payment, if available, in accordance with the National
				Automated Clearing House Operating Rules, article II, section 2.4 and 2.5 of
				the 1997 ACH Rules.
(d) A financial
				institution that fails to timely comply with the collection procedures set
				forth in this section or the notice to account owners requirement of section
				102.9  of this Part will
				be liable to the State for that portion which could not be collected due to the
				financial institution's negligence or failure to act timely.
(e) Immediately upon learning of the death of
				the recipient, regardless of whether there has been notification from the
				State, the financial institution shall return to the State any further payments
				received and notify the State of the death of the recipient in order that the
				above collection procedures can be commenced. See section
				102.6(d)(1) 
				of this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 103 - Rules And Regulations Governing Purchase Of Railroad Materials In Open Market › Section 103.1 - Acquisition and payment-railroad materials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the acceptance of a project estimate
				by the State, the railroad shall determine the extent of required material
				available in its stores. A stores charge of 15 percent may be added to the cost
				of this material after its incorporation in the work.
(b) Substantial quantities of materials
				ordered under an annual contract for a specific project will be paid for at the
				cost provided for in such contract, plus necessary costs of transportation and
				inspection. This material shall be shipped direct to project and the 15 percent
				overhead will not be allowed.
(c)
				All other materials required shall be grouped in a manner which would permit
				the solicitation of bids for each class of materials. Open market orders will
				be required for each group of materials having an estimated cost of $500 or
				more.
(d) Open market orders shall
				be numbered consecutively by projects. Each tabulation shall be tied in with
				the appropriate estimate item.
(e)
				All tabulations should show the following certification of the railroad
				company's purchasing agent or other responsible official:
"I hereby certify that the foregoing is a correct tabulation
				  of all bids received on the material listed above. The quotations are based on
				  delivery of the material (explain)."
____________
Recommend placing order with
____________(low bidder)
Value $________
Terms ____________
____________
Purchasing Agent
Dated ________
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 103 - Rules And Regulations Governing Purchase Of Railroad Materials In Open Market › Section 103.2 - General bidding requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Invitations to submit bids must be issued
				to at least five manufacturers or distributors of products or materials meeting
				the railroad company's general specification. If less than five invitations are
				issued, the reason for the limited canvass should be shown on the proposal
				form.
(2) In recognition of the
				fact that the railroad companies have adopted the products of certain
				manufacturers as an inflexible standard for signal and related facilities the
				State will, in these instances, waive the requirements for competition,
				providing that the proposed purchase is a reproduction of a product of the same
				producer, and accept a copy of railroad company's purchase order for such
				products.
(3) If the proposal of
				other than the low bidder is recommended for acceptance, a detailed explanation
				of the preference must be submitted by the Commissioner of Transportation. All
				tabulations must be accompanied by a copy of the proposal form, invitation and
				photostatic copy of each bid and/or declination.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 103 - Rules And Regulations Governing Purchase Of Railroad Materials In Open Market › Section 103.3 - Procedure to be followed

Current through Register Vol. 46, No. 28, July 10, 2024
In order to secure prompt consideration of the open market
				  orders, the following procedure should be carefully followed:
(a) The railroad company shall submit to the
				State seven photostatic copies of each bid or declination, proposal form,
				invitation and certified tabulation. Distribution should be as follows: two
				copies to Deputy Chief Engineer, State Department of Transportation, Albany,
				NY; one copy to Public Service Commission, Albany, NY (if project is under
				jurisdiction of that commission); remaining copies to Department of Audit and
				Control, Albany, NY.
(b) The
				Department of Transportation and/or the Public Service Commission shall review
				the material so transmitted and forward same to the Department of Audit and
				Control with appropriate recommendations or comments.
(c) Upon approval by the Department of Audit
				and Control, the copies shall be distributed as follows:
One copy to each railroad company.
One copy to Deputy Chief Engineer, Department of
				  Transportation, Albany, NY 12232.
One copy to Public Service Commission, Albany, NY 12223 (if
				  P.S.C. project).
One copy to Director, Bureau of Contracts, Department of
				  Transportation, Albany, NY 12232.
One copy retained for files of the Department of Audit and
				  Control.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts › Section 105.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of this Part is to implement the provisions of chapter 406 of the
				Laws of 1981, as amended by chapter 821 of the Laws of 1981. Chapter 406 added
				section
				220-f to the Labor Law and section
				139-h to the State Finance Law. Section
				220-f, as amended by chapter 821, enunciates the labor policy of this State
				that contracts for the construction, reconstruction, maintenance and/or repairs
				of public work or for services performed or to be performed or for goods sold
				or to be sold in an amount exceeding $5,000 to which the State or any public
				department, agency or official thereof intends to be a party, shall not be
				executed with any person, firm, partnership or corporation which is
				participating or has participated at any time in an international boycott in
				violation of the provisions of the United States Export Administration Act of
				1969, as amended, or the Export Administration Act of 1979, as amended, or the
				regulations of the United States Department of Commerce promulgated
				thereunder.
(b) Section 139-h  of the State Finance Law provides
				for the implementation of this policy through the insertion of a clause in all
				State specifications or contracts in an amount exceeding $5,000, as a material
				condition of the contract, stating that neither the contractor nor any
				substantially owned or affiliated person, firm, partnership or corporation has
				violated the policy enunciated in section 220-f  of the Labor Law. Section 139-h  of the State Finance Law further
				provides that any such contract shall be rendered forfeit and void by the State
				Comptroller if, subsequent to execution, the contractor or a substantially
				owned or affiliated person, firm, partnership or corporation has been convicted
				of a violation of or has been found upon final determination of the United
				States Commerce Department or other appropriate agency of the United States to
				have violated the provisions of the Federal acts or regulations referred to in
				section 220-f  of the Labor Law by participating in
				an international boycott. In addition, section 139-h empowers the State
				Comptroller to issue regulations to implement its provisions.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts › Section 105.2 - Defintions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contractor.
				This term shall mean any person, firm, partnership or corporation which seeks
				to be let, granted or awarded or is let, granted or awarded a contract by the
				State or any public department, agency or official thereof, which contract is
				subject to the provisions of section 139-h  of the State Finance Law.
(b) Conviction or determination. This term
				shall mean any conviction in a court of the United States, or any final
				determination by the United States Department of Commerce or any other
				appropriate agency of the United States, of participation in an international
				boycott in violation of the Export Administration Act of 1969, as amended, or
				the Export Administration Act of 1979, as amended, or the regulations of the
				United States Department of Commerce promulgated thereunder.
(c) Substantially owned or affiliated person,
				firm, partnership or corporation. This term shall mean any person, firm,
				partnership or corporation which:
(1) the
				contractor substantially owns;
(2)
				substantially owns the contractor; or
(3) is substantially owned by a third party
				which also substantially owns the contractor.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts › Section 105.3 - Contract provision

Current through Register Vol. 46, No. 28, July 10, 2024
All requests for proposals for contracts subject to the
				  provisions of section 139-h  of the State Finance Law shall
				  require that the contract contain, as a material condition, a clause as follows
				  or as hereafter revised by the State Comptroller and the Attorney
				  General:
In accordance with section 220-f  of the Labor Law and section 139-h  of the State Finance Law and the
				  regulations of the Comptroller of the State of New York promulgated thereunder,
				  the contractor agrees, as a material condition of the contract:
A. That neither the contractor nor any
				substantially owned or affiliated person, firm, partnership or corporation has
				participated, is participating or shall participate in an international boycott
				in violation of the provisions of the United States Export Administration Act
				of 1969, as amended, or the Export Administration Act of 1979, as amended, or
				the regulations of the United States Department of Commerce promulgated
				thereunder;
B. That if the
				contractor or any substantially owned or affiliated person, firm, partnership
				or corporation has been convicted or subjected to a final determination by the
				United States Department of Commerce or any other appropriate agency of the
				United States of a violation of the United States Export Administration Act of
				1969, as amended, or the Export Administration Act of 1979, as amended, or the
				regulations of the United States Department of Commerce promulgated thereunder,
				the contractor shall notify the Comptroller of such conviction or determination
				in the manner prescribed by the Comptroller's regulations.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts › Section 105.4 - Notification by the contractor

Current through Register Vol. 46, No. 28, July 10, 2024
The contractor shall notify the Comptroller in writing within
				  five business days of:
(a) any
				conviction or determination against the contractor or a substantially owned or
				affiliated person, firm, partnership or corporation; and
(b) the disposition of any appeal.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts › Section 105.5 - The hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Upon receipt of a notice of conviction or determination required by section
				105.4 
				of this Part, or upon learning of a conviction or determination in any other
				manner, the Comptroller shall schedule a hearing, to be held within 30 days,
				and shall send a written notice to the contractor stating the time and place of
				the hearing. If the Comptroller receives notice prior to the hearing date that
				an appeal has been taken or will be taken within 30 days, the Comptroller shall
				postpone the hearing pending disposition of all appeals, and shall send a
				written notice of the postponement to the contractor. Upon disposition of the
				final appeal, provided that the conviction or determination has not been
				reversed, the Comptroller shall schedule a hearing as provided in this
				subdivision.
(b) The Comptroller
				shall designate a hearing officer to conduct the hearing. The hearing officer
				shall have whatever powers are necessary and appropriate, including the power
				to sign and issue subpoenas in the name of the Comptroller, to regulate the
				proceedings of the hearing and to obtain the information which the hearing
				officer determines is necessary for the completion of the report required by
				section
				105.6 
				of this Part.
(c) At the hearing,
				the contractor shall be entitled to representation by counsel. The contractor
				shall have the opportunity to present written and oral evidence on relevant
				issues of law and fact, but may not retry the conviction or determination.
				However, if the conviction or determination has been made against a
				substantially owned or affiliated person, firm, partnership, or corporation,
				the contractor may dispute the ownership or the affiliation. In addition, the
				contractor shall present evidence concerning the possible costs to and effects
				on the State and the contractor if the contract were to be
				terminated.
(d) A record of the
				hearing shall be made.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts › Section 105.6 - Report of the hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing officer shall submit a
				written report to the Comptroller containing the following findings of fact and
				conclusions of law:
(1) whether or not there
				has been a conviction or determination which has not been reversed on final
				appeal against the contractor or substantially owned or affiliated person,
				firm, partnership or corporation;
(2) whether or not the contractor has
				fulfilled the notification requirements of the contract with regard to the
				conviction or determination, and if not, whether such failure was without
				justification;
(3) what the costs
				and effects of the termination of the contract will be on the interests of the
				State and the business of the contractor; and
(4) any other findings or conclusions which
				the hearing officer believes to be relevant.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts › Section 105.7 - Determinations by the comptroller

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Comptroller shall review the report
				of the hearing officer. The Comptroller, in his reasonable judgment, may adopt
				or modify the report. On the basis of the report as adopted or modified, the
				Comptroller shall determine, in writing, whether, pursuant to section 139-h  of the State Finance Law, the
				contract must be terminated, and if so, on what date the termination shall take
				effect.
(b) If the Comptroller
				determines that the contract shall be terminated retroactively, the Comptroller
				shall allow for the payment of the direct costs incurred by the contractor
				unless the Comptroller determines that the contractor has failed, without
				justification, to comply with the notice requirements. In such case, the
				Comptroller may disallow the payment of such direct costs.
(c) The Comptroller shall notify the
				contractor of the determinations made by sending a copy of the determinations
				to the contractor by registered mail. The Comptroller shall also send a copy of
				his determinations to the Attorney General and the appropriate public
				department, agency or official.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 106 - Payroll Deductions From Salaries Of State Employees › Section 106.2 - Payroll deductions for the purchase of united states bonds

Current through Register Vol. 46, No. 28, July 10, 2024
Every State employee may specify in writing to the State
				  Comptroller a certain amount to be deducted from his or her salary for the
				  purchase of United States bonds. The following rules shall apply to this
				  program:
(a) A payroll deduction
				authorization card (the form of which must be approved by the State
				Comptroller) must be signed by the employee and forwarded to the employee's
				agency payroll officer for filing with the State Comptroller. Deductions shall
				start with the first pay period beginning on or after the date selected by the
				employee.
(b) The minimum deduction
				is $1 per day period. There is no maximum deduction.
(c) The employee has the right to revoke
				authorization for payroll deductions at any time, by written notice to the
				State Comptroller. Notice must be submitted through the employee's agency
				payroll officer.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 106 - Payroll Deductions From Salaries Of State Employees › Section 106.3 - Payroll deductions for payments to credit unions

Current through Register Vol. 46, No. 28, July 10, 2024
Every State employee may specify in writing to the State
				  Comptroller a certain amount to be deducted from his or her salary for payment
				  to credit unions. The following rules shall apply to this program:
(a) Deductions for purchases of shares and
				repayment of loans will be combined into one amount.
(b) The minimum bi-weekly deduction is
				$5.
(c) Only one credit union
				deduction may be in effect at one time.
(d) The employee has the right to revoke
				authorization for payroll deductions at any time, by written notice to the
				State Comptroller.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 106 - Payroll Deductions From Salaries Of State Employees › Section 106.4 - Payroll deductions for contributions to campus-related foundations

Current through Register Vol. 46, No. 28, July 10, 2024
Every employee of the State University of New York may
				  specify a certain amount to be deducted from his or her salary for
				  contributions to campus-related foundations. The following rules shall apply to
				  this program:
(a) A payroll deduction
				authorization card (the form of which must be approved by the State
				Comptroller) must be signed by the employee and forwarded to the employee's
				agency payroll officer. Deductions shall start with the first pay period
				beginning on or after the date selected by the employee.
(b) The deduction must be a fixed amount with
				a minimum deduction of $1 per pay period. There is no maximum
				deduction.
(c) There can be only
				one campus-related foundation deduction per campus.
(d) The employee has the right to revoke
				authorization for payroll deductions at any time by written notice to the
				employee's agency payroll officer.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 107 - Certificates Of Participation › Section 107.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certificates of
				participation shall, for the purposes of this Part, refer to any certificates
				or similar instruments representing an undivided proportionate interest in
				lease, installment or other periodic payments to be made by any State
				department or agency.
(b) COPS
				shall mean certificates of participation, as defined by subdivision (a) of this
				section.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 107 - Certificates Of Participation › Section 107.2 - Form of cops sale

Current through Register Vol. 46, No. 28, July 10, 2024
The State Comptroller may, pursuant to subdivision 1 of
				  section 66-b  of the State Finance Law, cause COPS
				  to be sold either through a request for proposals, competitive bidding or
				  negotiated placement.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 107 - Certificates Of Participation › Section 107.3 - Request for proposals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Determination; candidate firms. When the Comptroller has determined it to be in
				the interests of the State to cause COPS to be sold through a request for
				proposals, requests shall be sent to at least five firms that have, in the
				Comptroller's judgment, sufficient financial resources, expertise and
				experience to finance and market the COPS.
(b) Criteria for selection. The Comptroller
				shall select a firm or firms from among those submitting a proposal in
				accordance with this section. Such selection shall take into account, but not
				be limited to, the following factors:
(1) the
				total cost to the State;
(2) the
				financial resources of the firms;
(3) the experience and ability of the firms
				to finance and market the COPS;
(4)
				the experience and ability of the individuals whom the firms plan to involve
				directly in the financing and marketing; and
(5) the soundness of the firms' overall
				financing and marketing plans.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 107 - Certificates Of Participation › Section 107.4 - Competitive sale

Current through Register Vol. 46, No. 28, July 10, 2024
The Comptroller may determine it to be in the interests of
				  the State to effect a sale of COPS on a competitive basis to the bidder
				  offering the State the best financial terms. Such a sale must take place not
				  less than 2 nor more than 15 days, Saturdays, Sundays and holidays excepted,
				  after a notice of such sale has been published at least once in a definitive
				  trade publication of the municipal bond industry published on each business day
				  in the State of New York which is generally available to participants in the
				  municipal bond industry, which notice shall state the terms of the sale. The
				  Comptroller may not change the terms of the sale unless notice of such change
				  is sent via a definitive trade wire service of the municipal bond industry
				  which, in general, makes available information regarding activity and sales of
				  municipal bonds, and is generally available to participants in the municipal
				  bond industry, at least one day prior to the date of the sale as set forth in
				  the original notice of sale. Notwithstanding the foregoing the Comptroller may
				  postpone the sale at any time prior to such sale, provided such notice of
				  postponement is sent via a definitive trade wire service of the municipal bond
				  industry described herein. In so changing the terms or date of a sale the
				  Comptroller may send notice by such wire service that the sale will be delayed
				  by up to 30 days, provided that wire notice of the new sale date will be given
				  at least one business day prior to the new time when bids will be accepted. In
				  such event, no new notice of sale shall be required to be published. Any notice
				  regarding any sale conducted pursuant to this section shall contain a provision
				  to the effect that the Comptroller may reject any or all
				  bids.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 107 - Certificates Of Participation › Section 107.5 - Negotiated sale

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Determination; candidate firms. The Comptroller may determine it to be in the
				interests of the State to cause COPS to be sold on a negotiated basis in
				accordance with subdivision (b) of this section to such firm or firms that, in
				the Comptroller's judgment, have sufficient expertise and experience in the
				sale of COPS, as well as other similar experience and expertise, including the
				sale of obligations of the State of New York or other similar issuers, to
				underwrite the sale of COPS.
(b)
				Criteria for selection. The Comptroller's selection of the underwriters
				pursuant to this section shall take into account, but not be limited to, the
				following factors:
(1) the total cost to the
				State;
(2) the financial resources
				of the firms;
(3) the experience
				and ability of the firms to finance and market the COPS;
(4) the experience and ability of the
				individuals whom the firms plan to involve directly in the financing and
				marketing; and
(5) the soundness of
				the firms' overall financing and marketing plans.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 107 - Certificates Of Participation › Section 107.6 - Notice of cops sale

Current through Register Vol. 46, No. 28, July 10, 2024
In any case where the Director of the Budget determines that
				  the sale of COPS will be in the interests of the State, and the Comptroller
				  causes COPS to be sold on a negotiated basis pursuant to section
				  107.5  of this
				  Part, notice of such sale shall be published in a definitive trade publication
				  of the municipal bond industry published on each business day in the State of
				  New York, which is generally available to participants in the municipal bond
				  industry within five business days after the date the sale is
				  effected.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 107 - Certificates Of Participation › Section 107.7 - When sale may be effected

Current through Register Vol. 46, No. 28, July 10, 2024
The Comptroller may effect a sale to the selected purchasers
				  upon receipt of a final offer to purchase the COPS.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 107 - Certificates Of Participation › Section 107.8 - Cops financed equipment acquisitions

Current through Register Vol. 46, No. 28, July 10, 2024
All State departments, agencies, the City University of New
				  York or any other entity purchasing equipment through the use of COPS must
				  acquire such equipment by outright purchase when the cost of such equipment is
				  $250,000 or less. Multiple items of the same type of equipment, or related
				  items of equipment, procured pursuant to a single request for proposal may be
				  grouped under one or several contracts, as part of a procurement package to
				  reach the aforementioned dollar level.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 108 › Section 108.1 - Purpose of rule

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this rule is to prescribe requirements for
				  reimbursing special accidental death benefits paid pursuant to subdivisions b
				  and c of section 208-f 
				  of the General Municipal Law during each preceding state fiscal year.
It is adopted pursuant to subdivision e of section 208-f 
				  of the General Municipal Law, which requires the comptroller to adopt rules and
				  regulations in connection with the payment of monies appropriated and made
				  available for this purpose, upon audit and warrant of the comptroller on
				  vouchers certified or approved as provided by law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 108 › Section 108.2 - Process for reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
The chief fiscal officer of a municipality seeking
				  reimbursement under the provisions of subdivision e of section 208-f 
				  of the General Municipal Law shall, on an annual basis by July thirty-first,
				  submit to the Director of Finance in the Office of the State Comptroller both a
				  certification stating the total amount of special accidental death benefits
				  paid by the municipality to eligible beneficiaries pursuant to subdivisions b
				  and c of section 208-f 
				  of the General Municipal Law during the preceding state fiscal year, and a
				  standard voucher for payment.
Each certification shall include:
(a) the actual amount of payments made by the
				  municipality for that purpose, identifying the persons to whom payment was
				  made,
(b) the pension fund or funds
				  from which payments were made,
(c)
				  the total amount of payments made from each fund, and
(d) the total amount sought for
				  reimbursement. Each standard voucher shall include:
(a) the pension fund or funds from which
				  payments were made,
(b) the total
				  amount of payments made from each fund, and
(c) the total amount sought for
				  reimbursement.
Upon receipt of a complete certification and standard
				  voucher, payment shall be made upon audit and warrant of the comptroller,
				  subject to the availability of appropriated funds from which payment for this
				  purpose can be made.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.1 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
The rules set forth in this Part are adopted pursuant to the
				  New York State Freedom of Information Law (Public Officers Law, article 6,
				  effective as of January 1, 1978) and the rules of the State Committee on Open
				  Government.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) Department shall mean the New York State
				Department of Audit and Control.
(b) Records shall mean records held by the
				department that are available for inspection and copying under the Freedom of
				Information Law and any other provision of law.
(c) Records access officer shall mean the
				department public information officer or that officer's designated
				representatives.
(d) Chief
				executive shall mean the State Comptroller.
(e) Records appeals officer shall mean the
				person designated by the chief executive to hear and determine appeals from
				denials of access to records.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.3 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer shall perform the functions of his
				  office within the department public information office which is located at 110
				  State Street, Albany, NY 12236-0001. The duties of the records access officer
				  and his authorized representatives are as follows:
(a) he shall cause a public notice to be
				posted inside the main entrance of 110 State Street, Albany, NY and all other
				buildings occupied by the department informing members of the public of his
				location and telephone number; of the times and places records will be
				available for inspection and copying; and of the right to appeal a denial of
				access to records, which shall include the name, address and telephone number
				of the records appeals officer;
(b)
				he shall be available to members of the public to receive and process requests
				for access to records during the hours prescribed by this Part;
(c) he shall provide information concerning
				the nature and location of records, respond to all inquiries relating to the
				access of records, and keep available for inspection a current list, by subject
				matter, of records as required by the Freedom of Information Law;
(d) he shall make available for access a
				record setting forth the name, public office address, title and salary of every
				officer and employee of the department;
(e) he shall receive and process requests for
				access to records in the manner prescribed by this Part;
(f) he shall receive and process requests for
				the copying of records in the manner prescribed by this Part;
(g) he shall charge and receive for the
				copying of records the fee prescribed by this Part;
(h) he shall provide a suitable location at
				110 State Street, Albany, NY, which shall be used for the inspection of
				records;
(i) he shall have
				responsibility to the public and the chief executive for the superintendence of
				access to records, the effectuation of this Part and the safekeeping of records
				under inspection, and shall not permit an unattended inspection of
				records;
(j) he shall have the
				cooperation and assistance of all personnel of the department in the
				performance of his functions under this Part; and
(k) he shall designate one or more members of
				the personnel of the department, as he sees necessary, to serve as assistant
				records access officer, and such assistant or assistants in all department
				offices shall have all functions and responsibilities as are enumerated in this
				Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.4 - Times and places for inspecting records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for inspection and copying by
				  members of the public on each and every day that the offices of the department
				  are open for the transaction of business during all regular business hours.
				  Records shall be inspected at the location for the inspection of records
				  designated by the records access officer.