Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 25, 2010 |
opinion referred to judiciary |
Feb 08, 2010 |
to attorney-general for opinion |
Feb 05, 2010 |
referred to corporations, authorities and commissions |
Assembly Bill A9880
2009-2010 Legislative Session
Sponsored By
BRODSKY
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
William Colton
2009-A9880 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Amd Art 10 §5, Constn
- Versions Introduced in 2011-2012 Legislative Session:
-
A2509
2009-A9880 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9880 TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 5 of article 10 of the constitution, in relation to prohibiting the establishment of certain new public corporations and providing for the dissolution of certain public corporations PURPOSE OR GENERAL IDEA OF BILL: This amendment would eliminate public corporations, such as public authorities. SUMMARY OF SPECIFIC PROVISIONS: Amends Article X, section 5 of the New York State Constitution. Specifically the amendment would: * eliminate the power of the legislature to create new public corporations but allow localities to establish, and * dissolve existing public corporations a year after the amendment's enactment. JUSTIFICATION: Article X of the Constitution was the first attempt to regulate public authorities constitutionally. Public authorities are public corporations as defined in Article X, §5. The courts have stated that public authorities are independent autonomous public
2009-A9880 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9880 I N A S S E M B L Y February 5, 2010 ___________ Introduced by M. of A. BRODSKY -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 5 of article 10 of the constitution, in relation to prohibiting the establishment of certain new public corporations and providing for the dissolution of certain public corporations Section 1. Resolved (if the Senate concur), That the opening paragraph of section 5 of article 10 of the constitution be amended to read as follows: No public corporation (other than a county, city, town, village, school district or fire district or an improvement district established in a town or towns) possessing both the power to contract indebtedness and the power to collect rentals, charges, rates or fees for the services or facilities furnished or supplied by it shall hereafter be created [except by special act of the legislature] PURSUANT TO THE AUTHORITY OF THIS CONSTITUTION OR ANY OTHER LAW, GENERAL, SPECIAL, OR LOCAL, EXCEPT AS AUTHORIZED PURSUANT TO ARTICLE EIGHTEEN OF THIS CONSTI- TUTION. ALL PUBLIC CORPORATIONS (OTHER THAN A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR FIRE DISTRICT OR AN IMPROVEMENT DISTRICT ESTABLISHED IN A TOWN OR TOWNS) HERETOFORE CREATED BY SPECIAL ACT OF THE LEGISLATURE SHALL BE DISSOLVED ONE YEAR AFTER THIS SENTENCE SHALL HAVE BECOME LAW, EXCEPT ANY SUCH CORPORATION AUTHORIZED PURSUANT TO ARTICLE EIGHTEEN OF THIS CONSTITUTION. UPON THE DISSOLUTION OF ANY PUBLIC CORPO- RATION PURSUANT TO THIS SECTION, ANY DEBT OF SUCH CORPORATION OUTSTAND- ING AT THE TIME OF ITS DISSOLUTION SHALL BE ASSUMED BY THE STATE. ANY LAW OR LAWS AUTHORIZING THE ASSUMPTION OF SUCH DEBT SHALL TAKE EFFECT WITHOUT SUBMISSION TO THE PEOPLE. S 2. Resolved (if the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89177-01-0
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