Repeals certain provisions of law relating to the Sleepy Hollow parking authority and the Western Finger Lakes solid waste management authority.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Squadron
TITLE OF BILL: An act to repeal certain provisions of the public authorities law relating to certain authorities; and to transfer any books, records and remaining rights of any dissolved authority to an identifiable location
This bill would repeal the statutory authorization for public authorities that have ceased operations, or have dissolved by operation of law and vest their records, property, rights, titles and interest, and all obligations and liabilities in the municipality in whose interest such authorities were created.
SUMMARY OF PROVISIONS:
Section 1 of the bill sets forth the legislative intent of the bill.
Section 2 of the bill would repeal PAL Article 7, Title 18-A, establishing the Sleepy Hollow Parking Authority.
Section 2-a of the bill would provide that any existing records, property, rights, title and interest of such agency would vest in and be possessed by the Village of Sleepy Hollow.
Section 3 of the bill would repeal PAL Article 8, Title 30, establishing the Western Finger Lakes Solid Waste management Authority.
Section 3-a of the bill would provide that any existing records, property, rights, title and interest of such agency would be disposed of as shall be agreed to by all participating counties of the authority.
Section 4 of the bill provides a separability clause.
Section 5 of the bill would make it effective 60 days after it becomes a law.
Chapter 374 of the Laws of 2012 dissolved 28 inactive and otherwise defunct state and local authorities that no longer served the public purpose for which they were created. The authorities proposed for dissolution in this bill either should have been included in Chapter 374 or have been identified as inactive since its enactment.
Public Authority Dissolution
This bill would repeal the statutory authorization for certain authorities which are either defunct or which were never ultimately established by local law. The authorities listed in this bill have
been determined inactive by the Authorities Budget Office, based on consultation with the affected local government. Although these authorities no longer function, their authorization continues in State Law. This bill would repeal various sections of the Public Authorities Law, to formally dissolve those authorities that are no longer actively engaged in the public purpose for which they were established. None of these authorities has any outstanding debt or other obligations.
This bill would advance the State's effort to maintain an accurate inventory of authorities in the State. It would update state law to reflect the fact that certain authorities have, as a practical matter, ceased to exist. By eliminating defunct authorities, this bill would ensure that if a local government wishes once again to use an authority for such a purpose, it must obtain new legislation at the state level authorizing such use. This bill would thus promote the State's interest in curbing the proliferation of unnecessary authorities.
None for the State. The entities formally dissolved by this bill have no outstanding debt, so there are no fiscal implications for bondholders.
This bill would take effect 60 days after it becomes a law
STATE OF NEW YORK ________________________________________________________________________ 5141 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to repeal certain provisions of the public authorities law relat- ing to certain authorities; and to transfer any books, records and remaining rights of any dissolved authority to an identifiable location THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. It is hereby declared to be a substan- tial interest of this state that residents, governments and businesses have certainty in the corporate status and orderly dissolution of public authorities, and that upon dissolution, their enabling statutes will be repealed and their books, records and remaining rights, if any, will be transferred to the municipality for whose purpose the public benefit corporation was created. The welfare of the state necessitates ensuring that the proliferation of moribund public benefit corporations, such as those included in this act found to be defunct by the comptroller, the authorities budget office and the New York state commission on public authority reform, does not continue unchecked. S 2. Title 18-A of article 7 of the public authorities law is REPEALED. S 2-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the Sleepy Hollow parking authority shall vest in and be possessed by the village of Sleepy Hollow and its successors or assigns. S 3. Title 30 of article 8 of the public authorities law is REPEALED. S 3-a. Notwithstanding any other provision of law to the contrary, any existing facilities, rights and property of the Western Finger Lakes solid waste management authority shall be disposed of as shall be agreed upon by all participating counties of the authority.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10851-01-3 S. 5141 2
S 4. Separability clause. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent juris- diction to be invalid such judgment shall not affect, impair or invali- date the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 5. This act shall take effect on the sixtieth day after it shall have become a law.