senate Bill S4846

Enacts the public-private partnership disclosure act

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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

  • 26 / Apr / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Enacts the "public-private partnership disclosure act;" requires state agencies entering into public-private partnerships to promulgate rules and regulations regarding review and disclosure relating to such relationships; requires public notice and a report to the legislature.

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Bill Details

See Assembly Version of this Bill:
A4652
Versions:
S4846
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Add ยง136-d, St Fin L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A4046, A4046
2009-2010: A2877, A2877
2007-2008: A1521, A1521

Sponsor Memo

BILL NUMBER:S4846

TITLE OF BILL: An act to amend the state finance law, in relation to
the regulation of public-private partnerships

PURPOSE OR GENERAL IDEA OF BILL: This legislation seeks to provide
the establishment of standards and requirements for full disclosure
and public comment for public-private partnerships.

SUMMARY OF PROVISIONS: The state finance law is amended by adding a
new section 136-d known as the "public-private partnership disclosure
act," which defines the endeavor of a public-private partnership as an
agreement between a state agency and a public venture. A partnership
arrangement shall establish rules and regulations of standards and
procedures for such partnerships and shall be in addition to existing
requirements in law. In the case that a state agency engages in one or
more public-private partnerships, a full report describing the
arrangement of partnership, as well as identifying the public benefit
and any impact it may have had on the priorities and activities of the
reporting agency shall be submitted to the legislature and the
governor.

JUSTIFICATION: Though, public-private ventures can be beneficial and
in the interest of the public, partnerships generating and expending
funds outside of the normal state budgetary process may distort
properly enacted public priorities. In addition, such partnerships if
not created with full disclosure and with full opportunity for public
comment have the potential for creating conflicts of interest.

PRIOR LEGISLATIVE HISTORY: 1/20/98 referred to ways and means
(A.8957) 2/01/99 referred to ways and means (A.3503) 1/05/00 referred
to ways and means 2/22/01 referred to ways and means (A.5323) 1/09/02
referred to ways and means 3/03/03 referred to ways and means (A.5493)
1/07/04 referred to ways and means 2005-06 A.2325 referred to ways and
means 2007-08 A.1521 referred to ways and means 2009-10 A.2877
referred to ways and means 2011-12 A.4046 ways and means

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  4846

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to the regulation  of
  public-private partnerships

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "public-private partnership disclosure act".
  S  2.  Legislative  findings and purpose. The legislature hereby finds
that agreements between state entities and commercial entities known  as
"public-private  partnerships" whereby private monies are made available
for public purposes can  be  beneficial  and  in  the  public  interest.
However, the legislature further finds that such partnerships generating
and  expending  funds  outside of the normal state budgetary process may
distort properly enacted public priorities. In addition, the legislature
finds that such partnerships if not created  with  full  disclosure  and
full  opportunity  for  public  comment  have the potential for creating
conflicts of interest. Therefore, it is the purpose of  the  legislature
to  provide for the establishment of standards and requirements for full
disclosure and public comment for public-private partnerships.
  S 3. The state finance law is amended by adding a new section 136-d to
read as follows:
  S 136-D. PUBLIC-PRIVATE PARTNERSHIPS. 1. AS USED IN THIS SECTION,  THE
TERM  "PUBLIC-PRIVATE PARTNERSHIP" OR "PARTNERSHIP" SHALL MEAN AN AGREE-
MENT BETWEEN A STATE AGENCY  AND  A  CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY COMPANY OR OTHER PRIVATE COMMERCIAL ENTITY UNDER WHICH PRIVATE
MONIES  IN  AN AMOUNT OF MORE THAN FIVE THOUSAND DOLLARS ARE MADE AVAIL-
ABLE FOR A PUBLIC CAPITAL PROJECT, A PUBLIC PROGRAM OR TO UNDERWRITE THE
COST OF PUBLIC PERSONNEL IN RETURN FOR CONSIDERATION INCLUDING  BUT  NOT
LIMITED  TO NOTICE OR DISPLAY OF THE NAME OR LOGO OF THE PROVIDER OF THE
PRIVATE MONIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08759-01-3

S. 4846                             2

  2. NO STATE AGENCY  SHALL  ENTER  INTO  A  PUBLIC-PRIVATE  PARTNERSHIP
AGREEMENT  UNLESS  IT HAS PROMULGATED RULES AND REGULATIONS ESTABLISHING
STANDARDS AND PROCEDURES FOR SUCH PARTNERSHIPS.  SUCH  RULES  AND  REGU-
LATIONS SHALL INCLUDE BUT NEED NOT BE LIMITED TO PROVISIONS FOR COST-BE-
NEFIT  ANALYSIS  OF PARTNERSHIP PROPOSALS, REVIEW OF THE IMPACT OF PART-
NERSHIP ARRANGEMENTS ON  ESTABLISHED  POLICIES  AND  PRIORITIES  OF  THE
AGENCY,  ADVERTISEMENT  AND  SOLICITATION OF BIDS FOR COMPETING OR OTHER
PRIVATE ENTITIES TO DETERMINE THE MOST ADVANTAGEOUS PARTNERSHIP ARRANGE-
MENT, THE PUBLIC DISCLOSURE OF CAMPAIGN CONTRIBUTIONS TO CANDIDATES  FOR
STATE  ELECTED  OFFICES IN THE PRECEDING FOUR YEARS BY THE PRIVATE PART-
NERSHIP ENTITY INCLUDING DIRECTORS AND OFFICERS THEREOF,  PUBLIC  NOTICE
NOT  LESS THAN FORTY-FIVE DAYS BEFORE ENTERING INTO A PARTNERSHIP AGREE-
MENT AND REASONABLE OPPORTUNITY FOR  PUBLIC  COMMENT.  REQUIREMENTS  AND
PROCEDURES  ESTABLISHED  IN SUCH RULES AND REGULATIONS SHALL BE IN ADDI-
TION TO EXISTING REQUIREMENTS IN LAW.
  3. IN ANY YEAR THAT A STATE AGENCY ENTERS INTO ONE OR MORE PUBLIC-PRI-
VATE PARTNERSHIPS, IT SHALL PREPARE AND SUBMIT TO  THE  LEGISLATURE  AND
THE  GOVERNOR  A  REPORT  FULLY  DESCRIBING THE PARTNERSHIP ARRANGEMENT,
IDENTIFYING THE PUBLIC BENEFIT THEREFROM AND ANY IMPACT IT MAY HAVE  HAD
ON  THE  PRIORITIES AND ACTIVITIES OF THE REPORTING AGENCY.  SUCH REPORT
SHALL BE SUBMITTED ON OR BEFORE MARCH FIRST FOR THE  PRECEDING  CALENDAR
YEAR.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however that the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such date.

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