senate Bill S5198B

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:
Rpld various Titles, Pub Auth L, generally

Sponsor Memo

BILL NUMBER:S5198B

TITLE OF BILL:
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

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 Authori-
ty, 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 authori-
ties 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.

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

                                 5198--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11303-06-2

S. 5198--B                          2

  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. 5198--B                          3

  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

S. 5198--B                          4

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

S. 5198--B                          5

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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