senate Bill S5198

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 25 / May / 2011
    • 1ST REPORT CAL.868
  • 01 / Jun / 2011
    • 2ND REPORT CAL.
  • 02 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • AMENDED ON THIRD READING 5198A
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 17 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 17 / Jan / 2012
    • PRINT NUMBER 5198B
  • 30 / Jan / 2012
    • 1ST REPORT CAL.140
  • 31 / Jan / 2012
    • 2ND REPORT CAL.
  • 06 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 07 / Feb / 2012
    • PASSED SENATE
  • 07 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 07 / Feb / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 22 / May / 2012
    • RECALLED FROM ASSEMBLY
  • 22 / May / 2012
    • RETURNED TO SENATE
  • 22 / May / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 22 / May / 2012
    • AMENDED ON THIRD READING 5198C
  • 31 / May / 2012
    • AMENDED ON THIRD READING 5198D
  • 18 / Jun / 2012
    • SUBSTITUTED BY A10288A

Summary

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

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Bill Details

Versions:
S5198
S5198A
S5198B
S5198C
S5198D
Legislative Cycle:
2011-2012
Law Section:
General Municipal Law
Laws Affected:
Pub Auth L, generally

Votes

5
0
5
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Corporations, Authorities and Commissions committee vote details

Sponsor Memo

BILL NUMBER:S5198

TITLE OF BILL:
An act
to repeal
certain provisions of the public authorities law relating
to certain authorities

PURPOSE:
This bill would repeal the statutory authorization for certain public
authorities that have ceased operations, have dissolved by operation
of law or were never established, and would vest their records,
property, rights, titles and interest, and ail 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:

The Long island Market Authority, the Alfred, Almond, Hornellsville
Sewer Authority, the Amsterdam Parking Authority, the Monroe Regional
Parking Authority, the Hudson Parking Authority, the Elmira Parking
Authority, the Fulton Parking Authority, the Peekskill Parking
Authority, the Port Jervis Parking Authority, the Utica Parking
Authority, the Oswego 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
Johnson City Parking Authority, the Salamanca Hospital District
Authority, the Salamanca Indian Lease Authority, the Long Island Job
Development Authority, the Historic Rome Development Authority, the
Multitown Solid Waste Management Authority, the Broome County
Resource Recovery Agency, the County of Essex Solid Waste Management
Authority, the Town of Brookhaven Resource Recovery Agency, the
Greater Troy Area Solid Waste Management Authority, the City of
Peekskill Civic Center Authority, 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
proliferation of unnecessary authorities.

FISCAL IMPLICATIONS:
None Noted

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

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

                                  5198

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Title  6-D  of article 5 of the public authorities law is
REPEALED.
  S 1-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 2. Title 7-A of article 5 of the public authorities law is REPEALED.
  S 3. Title 1 of article 7 of the public authorities law is REPEALED.
  S 3-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 4. Title 1-A of article 7 of the public authorities law is REPEALED.
  S 4-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 5. Title 2 of article 7 of the public authorities law is REPEALED.
  S 6. Title 2-A 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  and  all  obli-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11303-01-1

S. 5198                             2

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 7. Title 3 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 Elmira parking authority  shall  vest  in
and be possessed by the city of Elmira and its successors or assigns.
  S 8. Intentionally omitted.
  S 9. Title 6 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 Fulton parking authority  shall  vest  in
and be possessed by the city of Fulton and its successors or assigns.
  S 10. Title 5 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 Peekskill parking authority shall
vest in and be possessed by the city of Peekskill and its successors  or
assigns.
  S  11.  Title  8-A  of  article  7  of  the  public authorities law is
REPEALED.
  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. 5198                             3

  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. Intentionally omitted.
  S 21. Title 1-B  of  article  7  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  of  the
Johnson City parking authority shall vest in and be possessed by Johnson
City and its successors or assigns.
  S 22. Title 7 of article 8 of the public authorities law is REPEALED.
  S  22-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 23. Title 7-A  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  Salamanca Indian lease authority
shall vest in and be possessed  by  the  city  of  Salamanca  and  their
successors or assigns.
  S  24.  Title  8-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  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 25. Title 10 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 historic Rome development authority
shall vest in and be possessed by the city of Rome and its successors or
assigns.
  S 26. Title 13-A of  article  8  of  the  public  authorities  law  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 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  27. Title 13-D of article 8 of the public authorities law, as added
by chapter 930 of the laws of 1983, 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 Broome county resource recovery agen-

S. 5198                             4

cy shall vest in and be possessed by Broome county 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-J of  article  8  of  the  public  authorities  law  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 town of Brookhaven resource recovery
agency shall vest in and be possessed by the town of Brookhaven and  its
successors or assigns.
  S  30. Title 13-L of article 8 of the public authorities law, as added
by chapter 391 of the laws of 1992, 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 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  31.  Title  14-A  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  city  of  Peekskill  civic  center
authority  shall  vest  in and be possessed by the city of Peekskill and
its successors or assigns.
  S 32. Title 28-C of  article  8  of  the  public  authorities  law  is
REPEALED.
  S  32-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 33. 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 34. This act shall take effect on the sixtieth day  after  it  shall
have become a law.

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