|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to finance|
|Apr 26, 2013||referred to finance|
senate Bill S4846
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4846 - Details
S4846 - 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.
S4846 - 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
S4846 - Bill Text download pdf
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
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