S4324-2011: Allows municipalities to lease naming rights of government owned property


Same as: A240-2011 / Versions: S4324-2011 S4324A-2011
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Allows municipalities to lease naming rights of government-owned property.
Sponsor: MCDONALD Committee: LOCAL GOVERNMENT
Law Section: General Municipal Law
Law: Add S99-v, Gen Muni L

S4324-2011 Actions

S4324-2011 Memo

BILL NUMBER:S4324

TITLE OF BILL:
An act
to amend the general municipal law, in relation to allowing
municipalities to lease naming rights for government owned property

PURPOSE:
This bill allows municipalities - counties, cities, towns and
villages an option to lease naming rights for governmentally owned
properties and facilities (examples include but are not limited to
waterfront property, parks, rail-trails, railroad tracks, city buses
and stadiums etc.)

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The general municipal law is amended by adding a new
section 99-v to read as follows: 99-v. Transfer and lease of naming
rights. As used in this section the term municipality shall mean a
county, city, town, or village.

Section 2. A municipality may enter into a contract to lease the
naming rights of any property owned by such municipality according to
the requirements of this section. The chief executive officer of the
municipality shall be responsible for negotiating the contract,
subject to the ratification of a majority of the members of the
legislative body of such municipality.

Section 3. Such leasing agreement shall be for a period of not less
than one year and not more than five years.

Section 4. Any transaction described in this section may be used by
such municipality for any lawful municipal purpose.

JUSTIFICATION:
The continued weakening economy is severely impacting
many local governments. Property taxes are increasing and many
taxpayers are unable to afford annual tax increases. Because of the
weak economy in many of these communities, establishing a sound
budget and providing the necessary services is becoming much tougher.
In today's environment, local governments are consequently searching
for new, innovative and creative ways of finding revenue streams. It
is therefore incumbent upon the New York State legislature to provide
municipalities with local options that would assist generating
revenues to fund services and maintain municipality owned property.
Providing the local government with greater flexibility in leasing
naming rights for municipal owned facilities can generate critical
revenues thereby relying less on property tax increases.

PRIOR LEGISLATIVE HISTORY:
2009-10: A.9433 (Latimer) - Referred to Local Governments

FISCAL IMPLICATIONS:
None to New York State.

EFFECTIVE DATE:
This act will take effect immediately.


S4324-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4324

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 29, 2011
                                 ___________

  Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government

  AN ACT to amend the general municipal law, in relation to allowing muni-
    cipalities to lease naming rights for government owned property

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new section 99-v to read as follows:
S 99-V. TRANSFER AND LEASE OF NAMING RIGHTS. 1. AS USED IN THIS SECTION THE TERM "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MUNICIPALITY MAY ENTER INTO A CONTRACT TO LEASE THE NAMING RIGHTS OF ANY PROPERTY OWNED BY SUCH MUNICIPALITY ACCORDING TO THE REQUIREMENTS OF THIS SECTION. THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY SHALL BE RESPONSIBLE FOR NEGOTIATING THE CONTRACT, SUBJECT TO THE RATIFICATION OF A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE BODY OF SUCH MUNICIPALITY. 3. SUCH LEASING AGREEMENT SHALL BE FOR A PERIOD OF NOT LESS THAN ONE YEAR AND NOT MORE THAN FIVE YEARS. 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROCEEDS FROM ANY TRANSACTION DESCRIBED IN THIS SECTION MAY BE USED BY SUCH MUNICIPALITY FOR ANY LAWFUL MUNICIPAL PURPOSE. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00307-01-1

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