Bill S5160B-2013

Repeals certain provisions of law relating to urban renewal agencies and industrial development agencies and transfers remaining rights to the municipality for whose purpose the agency was created

Repeals certain provisions of law relating to urban renewal agencies and industrial development agencies and transfers remaining rights to the municipality for whose purpose the agency was created.

Details

Actions

  • Jun 17, 2014: returned to senate
  • Jun 17, 2014: passed assembly
  • Jun 17, 2014: ordered to third reading rules cal.339
  • Jun 17, 2014: substituted for a9968
  • Jun 11, 2014: referred to local governments
  • Jun 11, 2014: DELIVERED TO ASSEMBLY
  • Jun 11, 2014: PASSED SENATE
  • Jun 2, 2014: AMENDED ON THIRD READING 5160B
  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.441
  • Apr 21, 2014: PRINT NUMBER 5160A
  • Apr 21, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • May 13, 2013: REFERRED TO LOCAL GOVERNMENT

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BILL NUMBER:S5160B

TITLE OF BILL: An act to repeal certain provisions of the general municipal law relating to urban renewal agencies; to repeal certain provisions of the general municipal law relating to industrial development agencies; and to transfer any books, records and remaining rights of any dissolved authority to the municipality for whose purpose the agency was created

PURPOSE:

This bill would repeal the statutory authorization for certain urban renewal agencies, community development agencies, and industrial development agencies, (together, "agencies") that have ceased operations, have dissolved by operation of law or were never formally established 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 GML Article 15-B, Title 12, establishing the Tarrytown Urban Renewal Agency.

Section 2-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the Village of Tarrytown.

Section 3 of the bill would repeal GML Article 15-B, Title 17-A, establishing the Village of Haverstraw Urban Renewal Agency.

Section 3-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the Village of Haverstraw.

Section 4 of the bill would repeal GML Article 15-B, Title 53, establishing the Johnson City Urban Renewal Agency.

Section 4-a of the bill would provide that any existing records, property, rights, titles, and interest of such agency would vest in and be possessed by the Village of Johnson City.

Section 5 of the bill would repeal GML Article 15-B, Title 61, establishing the Oneonta Urban Renewal Agency.

Section 5-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the City of Oneonta.

Section 6 of the bill would repeal GML Article 15-B, Title 76, establishing the Village of Riverside Urban Renewal Agency.

Section 6-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the Village of Riverside.

Section 7 of the bill would repeal GML Article 15-B, Title 102, establishing the Village of Albion Urban Renewal Agency.

Section 7-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the Village of Albion.

Section 8 of the bill would repeal GML Article 15-B, Title 103, establishing the City of Canandaigua Urban Renewal Agency.

Section 8-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the City of Canandaigua.

Section 9 of the bill would repeal GML Article 680-e, establishing the Town of Southampton Community Development Agency.

Section 9-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the Town of Southampton.

Section 10 of the bill would repeal GML Article 15-B, Title 119, establishing the Village of Westbury Community Development Agency.

Section 10-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the Village of Westbury.

Section 11 of the bill would repeal GML § 891-f the Village of Ossining Industrial Development Agency.

Section 11-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the Village of Ossining.

Section 12 of the bill would repeal GML § 891-g, establishing the Town of Ossining Industrial Development Agency.

Section 12-a of the bill would provide that any existing records, property, rights, titles and interest of such agency would vest in and be possessed by the Town of Ossining.

Section 13 of the bill would repeal GML § 895-g, establishing the Town of Willsboro Industrial Development Agency.

Section 13-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 Town of Willisboro.

Section 14 of the bill would repeal GML § 898-d, establishing the Town of Amenia Industrial Development Agency.

Section 14-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 Town of Amenia.

Section 15 of the bill would repeal GML § 899, establishing the City of Jamestown Industrial Development Agency.

Section 15-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 city of Jamestown.

Section 16 of the bill would repeal GML § 899-b, establishing the Town of Rotterdam Industrial Development Agency.

Section 16-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 Town of Rotterdam.

Section 17 of the bill would repeal GML § 904, establishing the Town of Hamptonburgh Industrial Development Agency.

Section 17-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 Town of Hamptonburgh.

Section 18 of the bill would repeal GML § 910, establishing the Town of Barton Industrial Development Agency.

Section 18-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 Town of Barton.

Section 19 of the bill would repeal GML § 911, establishing the Town of New Windsor Industrial Development Agency.

Section 19-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 Town of New Windsor.

Section 20 of the bill would repeal GML § 911-e, establishing the Town of West Turin Industrial Development Agency.

Section 20-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 Town of West Turin.

Section 21 of the bill would repeal GML § 922, establishing the Counties of Fulton and Montgomery Industrial Development Agency.

Section 21-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 Counties of Fulton and Montgomery.

Section 22 of the bill would repeal GML § 922-d, establishing the Big Flats Industrial Development Agency.

Section 22-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 Town of Big Flats.

Section 23 of the bill would repeal GML § 922-e, establishing the Village of Wayland Industrial Development Agency.

Section 23-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 Wayland.

Section 24 of the bill would repeal GML § 923-c, establishing the Village of Spring Valley Industrial Development Agency.

Section 24-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 Spring Valley.

Section 25 of the bill would repeal GML § 923-d, establishing the Town of Patterson Industrial Development Agency.

Section 25-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 Town of Patterson.

Section 26 of the bill would repeal GML § 923-f, establishing the Village of New Square Industrial Development Agency.

Section 26-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 New Square.

Section 27 of the bill would repeal GML § 924-a, establishing the Town of North Hempstead Industrial Development Agency.

Section 27-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 Town of North Hempstead.

Section 28 of the bill would repeal GML § 925-a, establishing the Village of Walden Industrial Development Agency.

Section 28-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 Walden.

Section 29 of the bill would repeal GML § 925-g, establishing the Village of Sidney Industrial Development Agency.

Section 29-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 Sidney.

Section 30 of the bill would repeal GML § 925-s, establishing the Town of Yorktown Industrial Development Agency.

Section 30-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 Town of Yorktown.

Section 31 of the bill would repeal GML § 925-y, establishing the Town of Harrietstown Industrial Development Agency.

Section 31-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 Town of Harrietstown.

Section 32 of the bill would repeal GML § 926-a, establishing the Town of Norwich Industrial Development Agency.

Section 32-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 Town of Norwich.

Section 33 of the bill would repeal GML § 926-c, establishing the Town of Wilmington Industrial Development Agency.

Section 33-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 Town of Wilmington.

Section 34 of the bill would repeal GML § 926-g, establishing the Town of Pamelia Industrial Development Agency.

Section 34-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 Town of Pamelia.

Section 35 of the bill would repeal GML § 926-l, establishing the Town of Black Brook Industrial Development Agency.

Section 35-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 Town of Black Brook.

Section 36 of the bill would repeal GML § 926-m, establishing the Town of Jay Industrial Development Agency.

Section 36-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 Town of Jay.

Section 37 of the bill would repeal GML § 927, establishing the Town of Philipstown Industrial Development Agency.

Section 37-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 Town of Philipstown.

Section 38 of the bill provides a separability clause.

Section 39 of the bill would make it effective 60 days after it becomes a law.

PRIOR LEGISLATIVE HISTORY:

Chapter 373 of the Laws of 2012 dissolved 95 inactive and otherwise defunct state and local authorities that no longer served the public purpose for which they were created. The agencies proposed for dissolution in this bill either should have been included in Chapter 373 or have been identified as inactive since its enactment.

STATEMENT IN SUPPORT:

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.

BUDGET IMPLICATIONS:

None for the State. The entities formally dissolved by this bill have no outstanding debt, so there are no fiscal implications for bondholders.

EFFECTIVE DATE:

This bill would take effect 60 days after it becomes a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5160--B Cal. No. 441 2013-2014 Regular Sessions IN SENATE May 13, 2013 ___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to repeal certain provisions of the general municipal law relat- ing to urban renewal agencies; to repeal certain provisions of the general municipal law relating to industrial development agencies; and to transfer any books, records and remaining rights of any dissolved authority to the municipality for whose purpose the agency was created 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 urban renewal agencies and industrial development agencies, and that upon dissolution, their enabling statutes will be repealed and their books, records and remaining rights, if any, will be transferred to the munici- pality for whose purpose the agency 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 12 of article 15-B of the general municipal law, as added by chapter 266 of the laws of 1964, is REPEALED. S 2-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the Tarrytown
urban renewal agency shall vest in and be possessed by the village of Tarrytown and its successors or assigns. S 3. Title 17-A of article 15-B of the general municipal law is REPEALED. S 3-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the village of Haverstraw urban renewal agency shall vest in and be possessed by the village of Haverstraw and its successors or assigns. S 4. Title 53 of article 15-B of the general municipal law is REPEALED. S 4-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the village of Johnson City urban renewal agency shall vest in and be possessed by the village of Johnson City and its successors or assigns. S 5. Title 61 of article 15-B of the general municipal law is REPEALED. S 5-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the Oneonta urban renewal agency shall vest in and be possessed by the city of Oneonta and its successors or assigns. S 6. Title 76 of article 15-B of the general municipal law is REPEALED. S 6-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the village of Riverside urban renewal agency shall vest in and be possessed by the village of Riverside and its successors or assigns. S 7. Title 102 of article 15-B of the general municipal law is REPEALED. S 7-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the village of Albion urban renewal agency shall vest in and be possessed by the village of Albion and its successors or assigns. S 8. Title 103 of article 15-B of the general municipal law is REPEALED. S 8-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the city of Canandaigua urban renewal agency shall vest in and be possessed by the city of Canandaigua and its successors or assigns. S 9. Section 680-e of the general municipal law is REPEALED. S 9-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the town of Southampton community development agency shall vest in and be possessed by the town of Southampton and its successors or assigns. S 10. Title 119 of article 15-B of the general municipal law is REPEALED. S 10-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the village of Westbury community development agency shall vest in and be possessed by the village of Westbury and its successors or assigns. S 11. Section 891-f of the general municipal law is REPEALED. S 11-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest of the village of Ossining industrial development agency shall vest in and be possessed by the village of Ossining and its successors or assigns. S 12. Section 891-g of the general municipal law is REPEALED.
S 12-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Ossining industrial development agency shall vest in and be possessed by the town of Ossining and its successors or assigns. S 13. Section 895-g of the general municipal law is REPEALED. S 13-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Willsboro industrial development agency shall vest in and be possessed by the town of Willsboro and its successors or assigns. S 14. Section 898-d of the general municipal law is REPEALED. S 14-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Amenia industrial development agency shall vest in and be possessed by the town of Amenia and its successors or assigns. S 15. Section 899 of the general municipal law is REPEALED. S 15-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the Jamestown industrial development agency shall vest in and be possessed by the city of Jamestown and its successors or assigns. S 16. Section 899-b of the general municipal law is REPEALED. S 16-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Rotterdam industrial development agency shall vest in and be possessed by the town of Rotterdam and its successors or assigns. S 17. Section 904 of the general municipal law is REPEALED. S 17-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Hamptonburgh industrial development agency shall vest in and be possessed by the town of Hamptonburgh and its successors or assigns. S 18. Section 910 of the general municipal law is REPEALED. S 18-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Barton industrial development agency shall vest in and be possessed by the town of Barton and its successors or assigns. S 19. Section 911 of the general municipal law, as added by chapter 339 of the laws of 1971, is REPEALED. S 19-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of New Windsor industrial development agency shall vest in and be possessed by the town of New Windsor and its successors or assigns. S 20. Section 911-e of the general municipal law is REPEALED. S 20-a. Notwithstanding any other provision of the law to the contra- ry, any existing records, property, rights, titles, and interest of the town of West Turin industrial development agency shall vest in and be possessed by the town of West Turin and its successors or assigns. S 21. Section 922 of the general municipal law, as added by chapter 423 of the laws of 1975, is REPEALED. S 21-a. Notwithstanding any other provision of the law to the contra- ry, any existing records, property, rights, titles, and interest of the counties of Fulton and Montgomery industrial development agency shall vest in and be possessed by the counties of Fulton and Montgomery and its successors or assigns. S 22. Section 922-d of the general municipal law is REPEALED. S 22-a. Notwithstanding any other provision of the law to the contra- ry, any existing records, property, rights, titles, and interest of the
Big Flats industrial development agency shall vest in and be possessed by the town of Big Flats and its successors or assigns. S 23. Section 922-e of the general municipal law is REPEALED. S 23-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the village of Wayland industrial development agency shall vest in and be possessed by the village of Wayland and its successors or assigns. S 24. Section 923-c of the general municipal law is REPEALED. S 24-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the village of Spring Valley industrial development agency shall vest in and be possessed by the village of Spring Valley and its successors or assigns. S 25. Section 923-d of the general municipal law is REPEALED. S 25-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the Patterson industrial development agency shall vest in and be possessed by the town of Patterson and its successors or assigns. S 26. Section 923-f of the general municipal law is REPEALED. S 26-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the village of New Square industrial development agency shall vest in and be possessed by the village of New Square and its successors or assigns. S 27. Section 924-a of the general municipal law is REPEALED. S 27-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of North Hempstead industrial development agency shall vest in and be possessed by the town of North Hempstead and its successors or assigns. S 28. Section 925-a of the general municipal law is REPEALED. S 28-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the village of Walden industrial development agency shall vest in and be possessed by the village of Walden and its successors or assigns. S 29. Section 925-g of the general municipal law is REPEALED. S 29-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the village of Sidney industrial development agency shall vest in and be possessed by the village of Sidney and its successors or assigns. S 30. Section 925-s of the general municipal law is REPEALED. S 30-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Yorktown industrial development agency shall vest in and be possessed by the town of Yorktown and its successors or assigns. S 31. Section 925-y of the general municipal law is REPEALED. S 31-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Harrietstown industrial development agency shall vest in and be possessed by the town of Harrietstown and its successors or assigns. S 32. Section 926-a of the general municipal law is REPEALED. S 32-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Norwich industrial development agency shall vest in and be possessed by the town of Norwich and its successors or assigns. S 33. Section 926-c of the general municipal law is REPEALED. S 33-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town
of Wilmington industrial development agency shall vest in and be possessed by the town of Wilmington and its successors or assigns. S 34. Section 926-g of the general municipal law is REPEALED. S 34-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Pamelia industrial development agency shall vest in and be possessed by the town of Pamelia and its successors or assigns. S 35. Section 926-l of the general municipal law is REPEALED. S 35-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Black Brook industrial development agency shall vest in and be possessed by the town of Black Brook and its successors or assigns. S 36. Section 926-m of the general municipal law is REPEALED. S 36-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Jay industrial development agency shall vest in and be possessed by the town of Jay and its successors or assigns. S 37. Section 927 of the general municipal law, as added by chapter 631 of the laws of 1980, is REPEALED. S 37-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles, and interest of the town of Philipstown industrial development agency shall vest in and be possessed by the town of Philipstown by and its successors or assigns. S 38. 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 39. This act shall take effect on the sixtieth day after it shall have become a law.

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