senate Bill S4846

2013-2014 Legislative Session

Enacts the public-private partnership disclosure act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Apr 26, 2013 referred to finance

S4846 - Details

See Assembly Version of this Bill:
A4652
Law Section:
State Finance Law
Laws Affected:
Add ยง136-d, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A4046
2009-2010: A2877

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

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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