Senate Bill S2821

2011-2012 Legislative Session

Authorizes city, town, and village industrial development agencies to merge and share services

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Archive: Last Bill Status - In Senate Committee Local Government 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to local government
Mar 30, 2011	print number 2821a
Mar 30, 2011	amend and recommit to local government
Feb 02, 2011	referred to local government

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2011-S2821 - Details

See Assembly Version of this Bill:: A2446
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §857, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6477, A9785
2013-2014: A4660

2011-S2821 - Summary

Authorizes contiguous city, town, and village industrial development agencies to merge and authorizes industrial development agencies within the same county or counties to share services.

2011-S2821 - Sponsor Memo

                                BILL NUMBER:S2821

TITLE OF BILL:

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 agencies

PURPOSE OR GENERAL IDEA OF BILL:

To maximize the efficiency of local governments in regard to industrial
development agencies and further encourage service sharing efforts.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the general municipal law by adding a new Section 857
entitles, Merger of Industrial Development Agencies (IDAs). This
section sets forth rules and criteria necessary to terminate existing
industrial development agencies, create new, consolidated IDAs, and
give the agency chief executive officer the ability to enter into
service sharing agreements.

Section 2 is the effective date.

JUSTIFICATION:

There are 116 IDAs in New York State with 26 in cities, 29 in towns,
and 5 in villages. According to a report issued by the New York State
Comptroller in 2008, IDA activity is concentrated in few IDAs. In
2006, sixty six IDAs had fewer than twenty projects; thirty-nine IDAs
reported fewer than two projects in 2006, with six reporting only one
project. The majority of IDAs had fewer than twenty projects were
located in cities and towns and less populous counties.

This bill allows contiguous IDAs in cities, towns and villages to
merge and IDAs in cities towns, villages, and counties to enter
cooperative agreements to share services. The bill will assist IDAs
in achieving economies of scale through mergers or service sharing
without diminishing localized control and local self determination.
It will facilitate a unified approach to policy making and marketing.

FISCAL IMPLICATIONS:
None to the State.

LEGISLATIVE HISTORY:
2010: S.6477 - Passed Senate

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2821 - Bill Text download pdf

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

                                  2821

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced by Sens. STEWART-COUSINS, KLEIN, KRUGER, OPPENHEIMER, PARKER,
  SAMPSON,  SAVINO, STAVISKY -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00485-01-1

S. 2821                             2

  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;
  (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.

co-Sponsors

View additional co-sponsors

2011-S2821A (ACTIVE) - Details

See Assembly Version of this Bill:: A2446
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §857, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6477, A9785
2013-2014: A4660

2011-S2821A (ACTIVE) - Summary

Authorizes contiguous city, town, and village industrial development agencies to merge and authorizes industrial development agencies within the same county or counties to share services.

2011-S2821A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2821A

TITLE OF BILL:

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 agencies

PURPOSE OR GENERAL IDEA OF BILL:

To maximize the efficiency of local governments in regard to
industrial development agencies and further encourage service sharing
efforts.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the general municipal law by adding a new Section 857
entitled, Merger of Industrial Development Agencies (IDAs). This
section sets forth rules and criteria necessary to terminate existing
industrial development agencies, create new, consolidated IDAs, and
give the agency chief executive officer the ability to enter into
service sharing agreements.

Section 2 is the effective date.

JUSTIFICATION:

There are 116 IDAs in New York State with 26 in cities, 29 in towns,
and 5 in villages. According to a report issued by the New York State
Comptroller in 2008, IDA activity is concentrated in few IDAs. In
2006, sixty six IDAs had fewer than twenty projects; thirty-nine IDAs
reported fewer than two projects in 2006, with six reporting only one
project. The majority of IDAs had fewer than twenty projects were
located in cities and towns and less populous counties.

This bill allows contiguous IDAs in counties, cities, towns and
villages to merge and IDAs in cities towns, villages, and counties to
enter cooperative agreements to share services. The bill will assist
IDAs in achieving economies of scale through mergers or service
sharing without diminishing localized control and local self
determination. It will facilitate a unified approach to policy making
and marketing.

FISCAL IMPLICATIONS:

None to the State.

LEGISLATIVE HISTORY:

2010: S.6477 - Passed Senate

EFFECTIVE DATE:


This act shall take effect immediately.

2011-S2821A (ACTIVE) - Bill Text download pdf

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

                                 2821--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, KLEIN, KRUEGER, KRUGER, MARTINS,
  OPPENHEIMER, PARKER, SAMPSON,  SAVINO,  STAVISKY  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Local  Government  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00485-04-1

S. 2821--A                          2

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  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.

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Senate Bill S2821

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

co-Sponsors

2011-S2821 - Details

2011-S2821 - Summary

2011-S2821 - Sponsor Memo

2011-S2821 - Bill Text download pdf

co-Sponsors

2011-S2821A (ACTIVE) - Details

2011-S2821A (ACTIVE) - Summary

2011-S2821A (ACTIVE) - Sponsor Memo

2011-S2821A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

co-Sponsors

2011-S2821 - Details

2011-S2821 - Summary

2011-S2821 - Sponsor Memo

2011-S2821 - Bill Text download pdf

co-Sponsors

2011-S2821A (ACTIVE) - Details

2011-S2821A (ACTIVE) - Summary

2011-S2821A (ACTIVE) - Sponsor Memo

2011-S2821A (ACTIVE) - Bill Text download pdf

Comments