S T A T E   O F   N E W   Y O R K
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                                  4660

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced by M. of A. GALEF, COLTON, CASTRO -- Multi-Sponsored by -- M.
  of  A.  CROUCH,  MAGEE  --  read once and referred to the Committee on
  Local Governments

AN ACT to amend the general municipal  law,  in  relation  to  promoting
  government  efficiency  through mergers between contiguous city, town,
  and  village  industrial  development  agencies  and  service  sharing
  between and among city, town, and village industrial development agen-
  cies

  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 857 to read as follows:
  S  857.  MERGER OF INDUSTRIAL DEVELOPMENT AGENCIES. 1. (A) TWO OR MORE
TOWN, CITY, OR VILLAGE INDUSTRIAL DEVELOPMENT AGENCIES,  WHETHER  WITHIN
THE  SAME  COUNTY  OR  DIFFERENT  COUNTIES,  OR A TOWN, CITY, OR VILLAGE
INDUSTRIAL DEVELOPMENT AGENCY AND A COUNTY INDUSTRIAL DEVELOPMENT AGENCY
LOCATED IN THE SAME COUNTY AS SUCH AGENCY, MAY  SIMULTANEOUSLY  DISSOLVE
AND  MERGE  INTO  A  SINGLE INDUSTRIAL DEVELOPMENT AGENCY IF EACH OF THE
INDUSTRIAL DEVELOPMENT AGENCIES IS CONTIGUOUS TO AT  LEAST  ONE  OF  THE
OTHER  INDUSTRIAL  DEVELOPMENT  AGENCIES  AND IF TOGETHER THE INDUSTRIAL
DEVELOPMENT AGENCIES WOULD FORM A MERGED INDUSTRIAL  DEVELOPMENT  AGENCY
THAT IS AUTHORIZED UNDER THE LAWS OF THE STATE OF NEW YORK.
  (B)  UPON  THE EFFECTIVE DATE OF THE DISSOLUTION AND MERGER, THE TOWN,
CITY, OR VILLAGE INDUSTRIAL DEVELOPMENT AGENCY SHALL CEASE TO EXIST  AND
ALL  THE  RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES OF SUCH
AGENCIES, INCLUDING BUT NOT LIMITED TO THE RIGHTS AND OBLIGATIONS  UNDER
ANY  BOND,  NOTE,  OR  CONTRACT  OR OTHER AGREEMENT, EXPRESS OR IMPLIED,
SHALL DEVOLVE TO, BE VESTED IN AND POSSESSED BY  THE  MERGED  INDUSTRIAL
DEVELOPMENT  AGENCY, WHICH SHALL IN ALL RESPECTS AND FOR ALL PURPOSES BE
THE SUCCESSOR IN INTEREST TO THE DISSOLVED TOWN, CITY OR VILLAGE  INDUS-
TRIAL DEVELOPMENT AGENCY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02584-01-3
              

A. 4660                             2

  2.  THE  GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE AGENCY TO
BE DISSOLVED AND THE GOVERNING  BODY  OF  THE  COUNTY,  TOWN,  CITY,  OR
VILLAGE AGENCY TO BE MERGED SHALL ADOPT A PLAN SETTING FORTH, AT A MINI-
MUM:
  (A) THE NAME AND DATE OF ESTABLISHMENT OF THE AGENCY OR AGENCIES TO BE
DISSOLVED OR MERGED;
  (B)  THE  NAMES OF THE MEMBERS OF SUCH AGENCY, SPECIFYING THE IDENTITY
OF THE CHAIRPERSON;
  (C) THE UNDERLYING PURPOSE OF THE  DISSOLUTION  AND  MERGER  INCLUDING
ECONOMIES AND EFFICIENCIES THAT ARE PROJECTED AS A RESULT THEREOF;
  (D)  A  STATEMENT, CONTAINING BOTH CURRENT INFORMATION AND INFORMATION
PROJECTED TO THE PROPOSED DATE OF THE DISSOLUTION AND MERGER, OF (1) THE
OUTSTANDING BONDS, NOTES AND ANY OTHER OBLIGATIONS OR  LIABILITIES;  (2)
ACTUAL  AND  ACCRUED  REVENUES;  (3)  EACH  PROJECT  FOR WHICH FINANCIAL
ASSISTANCE HAS BEEN PROVIDED, THE TYPE OF FINANCIAL ASSISTANCE  PROVIDED
AND  THE STATUS OF THE PROJECT; AND (4) THE GENERAL TERMS AND CONDITIONS
OF EACH CONTRACT, INCLUDING PAYMENT IN LIEU OF TAX AGREEMENTS;
  (E) THE TERMS AND CONDITIONS OF THE PROPOSED  DISSOLUTION  AND  MERGER
INCLUDING  A  STATEMENT  ACKNOWLEDGING THAT THE MERGED AGENCY SHALL UPON
THE EFFECTIVE DATE OF THE DISSOLUTION AND MERGER,  SUCCEED  TO  ALL  THE
RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES, INCLUDING BONDS,
NOTES  AND  OTHER  OBLIGATIONS AND CONTRACTUAL RIGHTS AND OBLIGATIONS OF
THE DISSOLVED AND MERGED COUNTY, TOWN, CITY, OR VILLAGE AGENCIES; AND
  (F) A STATEMENT THAT THE PLAN OF MERGER HAS BEEN REVIEWED AND APPROVED
BY COUNSEL FOR THE DISSOLVED TOWN, CITY, OR VILLAGE AGENCY  AND  COUNSEL
FOR  THE  MERGED  COUNTY, TOWN, CITY, OR VILLAGE AGENCY, INDICATING THAT
EACH COUNSEL HAS CONSIDERED THE IMPACT, IF ANY, OF THE  DISSOLUTION  AND
MERGER  ON: (1) THE RIGHTS OF ANY EMPLOYEES OF THE MERGING AGENCIES; AND
(2) THE RECIPIENTS OF FINANCIAL ASSISTANCE FROM THE AGENCIES.
  3. THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE  AGENCY  TO
BE DISSOLVED AND THE GOVERNING BODY OF THE COUNTY, TOWN, CITY OR VILLAGE
AGENCY TO BE MERGED SHALL ADOPT RESOLUTIONS APPROVING THE MERGER.
  4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, THE AGENCY CHIEF EXECUTIVE OFFICER BY RESOLUTION OF THE
BOARD OF ANY TOWN, CITY, VILLAGE OR COUNTY INDUSTRIAL DEVELOPMENT AGENCY
SHALL  BE  AUTHORIZED  TO ENTER INTO AN AGREEMENT OR AGREEMENTS TO SHARE
SERVICES WITH ANY TOWN, CITY, VILLAGE OR COUNTY  INDUSTRIAL  DEVELOPMENT
AGENCY WITHIN THE SAME COUNTY OR COUNTIES.
  S 2. This act shall take effect immediately.