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

                                  6477

                            I N  S E N A T E

                            January 19, 2010
                               ___________

Introduced  by Sens. STEWART-COUSINS, KLEIN, MONSERRATE, PARKER, SAMPSON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Local Government

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, MAY SIMULTANEOUSLY DISSOLVE AND
MERGE INTO A SINGLE INDUSTRIAL DEVELOPMENT AGENCY IF EACH OF THE  INDUS-
TRIAL  DEVELOPMENT  AGENCIES  IS CONTIGUOUS TO AT LEAST ONE OF THE OTHER
INDUSTRIAL DEVELOPMENT AGENCIES AND IF TOGETHER THE INDUSTRIAL  DEVELOP-
MENT  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.
  2. THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE  AGENCY  TO
BE DISSOLVED AND THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE AGENCY
TO BE MERGED SHALL ADOPT A PLAN SETTING FORTH, AT A MINIMUM:
  (A) THE NAME AND DATE OF ESTABLISHMENT OF THE AGENCY OR AGENCIES TO BE
DISSOLVED OR MERGED;

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

                                                           LBD14841-03-9

S. 6477                             2

  (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 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 TOWN, CITY, OR VILLAGE AGENCY, INDICATING THAT EACH COUN-
SEL 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 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.