This bill has been amended

Bill S5198B-2011

Repeals certain sections of the public authorities law and transfers remaining rights to an identifiable location

Repeals certain sections of the public authorities law and transfers remaining rights to an identifiable location.

Details

Actions

  • May 22, 2012: returned to senate
  • May 22, 2012: RECALLED FROM ASSEMBLY
  • Feb 7, 2012: referred to corporations, authorities and commissions
  • Feb 7, 2012: DELIVERED TO ASSEMBLY
  • Feb 7, 2012: PASSED SENATE
  • Feb 6, 2012: ADVANCED TO THIRD READING
  • Jan 31, 2012: 2ND REPORT CAL.
  • Jan 30, 2012: 1ST REPORT CAL.140
  • Jan 17, 2012: PRINT NUMBER 5198B
  • Jan 17, 2012: AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 14, 2011: referred to ways and means
  • Jun 14, 2011: DELIVERED TO ASSEMBLY
  • Jun 14, 2011: PASSED SENATE
  • Jun 6, 2011: AMENDED ON THIRD READING 5198A
  • Jun 2, 2011: ADVANCED TO THIRD READING
  • Jun 1, 2011: 2ND REPORT CAL.
  • May 25, 2011: 1ST REPORT CAL.868
  • May 3, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Votes

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - Jan 30, 2012
Ayes (6): Ranzenhofer, Flanagan, Larkin, Martins, Perkins, Squadron

Memo

BILL NUMBER:S5198B

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

PURPOSE: This bill would repeal the statutory authorization for celiain public authorities that have ceased operations, have dissolved by operation oflaw or were never established, and would 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 SPECIFIC PROVISIONS: This bill would repeal the statutory authorization for the following public authorities:

SUMMARY OF SPECIFIC PROVISIONS: This bill would repeal the statutory authorization for the following public authorities:

The Long Island Market Authority, the Alfred, Almond, Homellsville Sewer Authority, the Amsterdam Parking Authority, the Monroe Regional Parking Authority, the Johnson City Parking Authority, the Hudson Parking Authority, the Elmira Parking Authority, the Peekskill Parking Authority, the Fulton Parking Authority, the City of Troy Parking Authority, the Port Jervis Parking Authority, the Utica Parking Authority, the Owego Parking Authority, the City of New Rochelle Parking Authority, the City of Poughkeepsie Parking Authority, the Village of Spring Valley Parking Authority, the City of Long Beach Parking Authority, the City of North Tonawanda Parking Authority, the Salamanca Hospital District Authority, the Salamanca Indian Lease Authority, the Long Island Job Development Authority, the Historic Rome Development Authority, the Center Authority of Glens Falls, the Multitown Solid Waste Management Authority, the Broome County Resource Recovery Agency, the Brookhaven Resource Recovery Agency, the County of Essex Solid Waste Management Authority, the Greater Troy Area Solid Waste Management Authority, the City of Peekskill Civic Center Authority, and the County of Chautauqua Sports, Recreation and Cultural Authority.

JUSTIFICATION: 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 New York State Authorities Budget Office, Department of Economic Development, Office of the Stale Comptroller, or Commission on Public Authority Reform, based on consultation with the affected local government.

Although these authorities no longer function, their authorization continues in State Law. This bill would repeal these various sections of the Public Authorities Law to formally dissolve these authorities that are no longer actively engaged in the public purpose for which they were Established. According to the Authorities Budget Office, none of these authorities has any outstanding debt or other obligations.

This bill would thereby seek to advance the State's effort to maintain an accurate inventory of its active authorities and repeal the laws which would authorize those which are no longer in operation. In so updating state law, this bill would more accurately reflect in law that these authorities have, as a practical matter, ceased to exist. In eliminating defunct authorities, this bill would ensure that if a local government wishes once again to use an authority for urban renewal, industrial development, parking, or other similar 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 prolifer ation of unnecessary authorities.

FISCAL IMPLICATIONS: None noted.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 5198--B 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sens. RANZENHOFER, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions -- 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 -- recommitted to the Committee on Corpo- rations, Authorities and Commissions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 substantial interest of this state that residents, governments and busi- nesses have certainty in the corporate status and orderly dissolution of public authorities and parking authorities, and that upon dissolution, their enabling statutes will be repealed and their books, records and remaining rights, if any, will be transferred to an identifiable location. 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 author- ities budget office and the New York state commission on public authori- ty reform, does not continue unchecked. S 2. Title 5 of article 4 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 Long Island market authority shall vest in and be possessed by Suffolk county and its successors or assigns.
S 3. Title 6-D of article 5 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 Alfred, Almond, Hornellsville sewer authority shall be disposed of as shall be agreed upon by all of the members of the authority. S 4. Title 1 of article 7 of the public authorities law is REPEALED. S 4-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obli- gations and liabilities of the Amsterdam parking authority shall vest in and be possessed by the city of Amsterdam and its successors or assigns. S 5. Title 1-A of article 7 of the public authorities law is REPEALED. S 5-a. Notwithstanding any other provision of law to the contrary, any existing real property shall pass to the village in which it is located, and if outside the limits of any village, to the town in which located. All other property of the Monroe regional parking authority shall be equally divided among the town of Monroe and the villages of Monroe and Harriman and their successors or assigns. S 6. Title 1-B of article 7 of the public authorities 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 Johnson City parking authority shall vest in and be possessed by Johnson City and its successors or assigns. S 7. Title 2-A of article 7 of the public authorities law is REPEALED. S 7-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obli- gations and liabilities of the Hudson parking authority shall vest in and be possessed by the city of Hudson and its successors or assigns. S 8. Title 3 of article 7 of the public authorities law is REPEALED. S 8-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obli- gations and liabilities of the Elmira parking authority shall vest in and be possessed by the city of Elmira and its successors or assigns. S 9. Title 5 of article 7 of the public authorities law is REPEALED. S 9-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obli- gations and liabilities of the Peekskill parking authority shall vest in and be possessed by the city of Peekskill and its successors or assigns. S 10. Title 6 of article 7 of the public authorities law is REPEALED. S 10-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the Fulton parking authority shall vest in and be possessed by the city of Fulton and its successors or assigns. S 11. Title 8 of article 7 of the public authorities 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 city of Troy parking authority shall vest in and be possessed by the city of Troy and it successors or assigns. S 12. Title 9 of article 7 of the public authorities law is REPEALED. S 12-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the Port Jervis parking authority shall vest in and be possessed by the city of Port Jervis and its successors or assigns. S 13. Title 9-A of article 7 of the public authorities law is REPEALED.
S 13-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the Utica parking authority shall vest in and be possessed by the city of Utica and its successors or assigns. S 14. Title 10 of article 7 of the public authorities law is REPEALED. S 14-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the Owego parking authority shall vest in and be possessed by the village of Owego and its successors or assigns. S 15. Title 12 of article 7 of the public authorities law is REPEALED. S 15-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the city of New Rochelle parking authori- ty shall vest in and be possessed by the city of New Rochelle and its successors or assigns. S 16. Title 13 of article 7 of the public authorities law is REPEALED. S 16-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the city of Poughkeepsie parking authori- ty shall vest in and be possessed by the city of Poughkeepsie and its successors or assigns. S 17. Title 15 of article 7 of the public authorities law is REPEALED. S 17-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the village of Spring Valley parking authority shall vest in and be possessed by the village of Spring Valley and its successors or assigns. S 18. Title 17 of article 7 of the public authorities law is REPEALED. S 18-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the city of Long Beach parking authority shall vest in and be possessed by the city of Long Beach and its succes- sors or assigns. S 19. Title 19 of article 7 of the public authorities law is REPEALED. S 19-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the city of North Tonawanda parking authority shall vest in and be possessed by the city of North Tonawanda and its successors or assigns. S 20. Title 7 of article 8 of the public authorities law is REPEALED. S 20-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the Salamanca hospital district authority shall vest in and be possessed by the city of Salamanca and its succes- sors or assigns. S 21. Title 7-A of article 8 of the public authorities law is REPEALED. S 21-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the Salamanca Indian lease authority shall vest in and be possessed by the city of Salamanca and their successors or assigns. S 22. Title 8-A of article 8 of the public authorities law is REPEALED. S 22-a. Notwithstanding any other provision of law to the contrary, any existing rights, property, assets and funds of the Long Island job
development authority shall pass to and be vested jointly in the coun- ties of Nassau and Suffolk and their successors or assigns. S 23. Title 10 of article 8 of the public authorities law is REPEALED. S 23-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the historic Rome development authority shall vest in and be possessed by the city of Rome and its successors or assigns. S 24. Title 10-A of article 8 of the public authorities law is REPEALED. S 24-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the Center Authority of Glens Falls shall vest in and be possessed by the city of Glens Falls and its successors or assigns. S 25. Title 13-A of article 8 of the public authorities law is REPEALED. S 25-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the multi-town solid waste management authority shall vest in and be possessed jointly by the town of Babylon and the town of Huntington and their successors or assigns. S 26. Title 13-D of article 8 of the public authorities law, as added by chapter 930 of the laws of 1983, is REPEALED. S 26-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the Broome county resource recovery agen- cy shall vest in and be possessed by Broome county and its successors or assigns. S 27. Title 13-J of article 8 of the public authorities law is REPEALED. S 27-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the town of Brookhaven resource recovery agency shall vest in and be possessed by the town of Brookhaven and its successors or assigns. S 28. Title 13-K of article 8 of the public authorities law is REPEALED. S 28-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the county of Essex solid waste manage- ment authority shall vest in and be possessed by Essex county and its successors or assigns. S 29. Title 13-L of article 8 of the public authorities law, as added by chapter 391 of the laws of 1992, is REPEALED. S 29-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the greater Troy area solid waste manage- ment authority shall vest in and be possessed by the city of Troy and its successors or assigns. S 30. Title 14-A of article 8 of the public authorities law is REPEALED. S 30-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the city of Peekskill civic center
authority shall vest in and be possessed by the city of Peekskill and its successors or assigns. S 31. Title 28-C of article 8 of the public authorities law is REPEALED. S 31-a. Notwithstanding any other provision of law to the contrary, any existing records, property, rights, titles and interest and all obligations and liabilities of the county of Chautauqua sports, recre- ation and cultural authority shall vest in and be possessed by Chautau- qua county and its successors or assigns. S 32. 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 33. This act shall take effect on the sixtieth day after it shall have become a law.

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