Allows municipalities to lease naming rights of government-owned property.
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
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 PROVISIONS: Section 1. The general municipal law is amended by adding a new section 99-w to read as follows; 99-w. Transfer and lease of naming rights. As used in this section the term municipality shall mean a county, city, town, or village.
Subsection 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.
Subsection 3. Such leasing agreement shall be for a period of not less than one year and not more than five years.
Subsection 4. Prior to the ratification of a contract pursuant to this section, the legislative body of a municipality shall hold a public hearing, on notice of at least thirty days, announcing the intention of such municipality to enter into such a contract with a third party. A public hearing pursuant to this section shall not be held more than ninety days prior to such ratification.
Subsection 5. 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.
LEGISLATIVE HISTORY: 2009-10: A.9433 (Latimer) - Referred to Local Governments
FISCAL IMPLICATIONS: None to NY State.
EFFECTIVE DATE: This act will take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7507 IN SENATE May 30, 2012 ___________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-w to read as follows: S 99-W. 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. PRIOR TO THE RATIFICATION OF A CONTRACT PURSUANT TO THIS SECTION, THE LEGISLATIVE BODY OF A MUNICIPALITY SHALL HOLD A PUBLIC HEARING, ON NOTICE OF AT LEAST THIRTY DAYS, ANNOUNCING THE INTENTION OF SUCH MUNICI- PALITY TO ENTER INTO SUCH A CONTRACT WITH A THIRD PARTY. A PUBLIC HEAR- ING PURSUANT TO THIS SECTION SHALL NOT BE HELD MORE THAN NINETY DAYS PRIOR TO SUCH RATIFICATION. 5. 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. LBD16076-01-2