senate Bill S5141

Signed By Governor
2013-2014 Legislative Session

Repeals certain provisions of law relating to the Sleepy Hollow parking authority and the Western Finger Lakes solid waste management authority

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.289
Jul 19, 2013 delivered to governor
Jun 12, 2013 returned to senate
passed assembly
ordered to third reading rules cal.156
substituted for a7334
Jun 11, 2013 referred to ways and means
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1111
May 10, 2013 referred to corporations, authorities and commissions

Votes

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Jun 4, 2013 - Corporations, Authorities and Commissions committee Vote

S5141
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Jun 4, 2013

S5141 - Bill Details

See Assembly Version of this Bill:
A7334
Law Section:
Public Authorities Law
Laws Affected:
Rpld Art 7 Title 18-A, Art 8 Title 30, Pub Auth L

S5141 - Bill Texts

view summary

Repeals certain provisions of law relating to the Sleepy Hollow parking authority and the Western Finger Lakes solid waste management authority.

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BILL NUMBER:S5141

TITLE OF BILL: An act to repeal certain provisions of the public
authorities law relating to certain authorities; and to transfer any
books, records and remaining rights of any dissolved authority to an
identifiable location

PURPOSE:

This bill would repeal the statutory authorization for public
authorities that have ceased operations, or have dissolved by
operation of law and vest their records, property, rights, titles and
interest, and all obligations and liabilities in the municipality in
whose interest such authorities were created.

SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the legislative intent of the bill.

Section 2 of the bill would repeal PAL Article 7, Title 18-A,
establishing the Sleepy Hollow Parking Authority.

Section 2-a of the bill would provide that any existing records,
property, rights, title and interest of such agency would vest in and
be possessed by the Village of Sleepy Hollow.

Section 3 of the bill would repeal PAL Article 8, Title 30,
establishing the Western Finger Lakes Solid Waste management
Authority.

Section 3-a of the bill would provide that any existing records,
property, rights, title and interest of such agency would be disposed
of as shall be agreed to by all participating counties of the
authority.

Section 4 of the bill provides a separability clause.

Section 5 of the bill would make it effective 60 days after it becomes
a law.

LEGISLATIVE HISTORY:

New Bill.

JUSTIFICATION:

Chapter 374 of the Laws of 2012 dissolved 28 inactive and otherwise
defunct state and local authorities that no longer served the public
purpose for which they were created. The authorities proposed for
dissolution in this bill either should have been included in Chapter
374 or have been identified as inactive since its enactment.

Public Authority Dissolution

This bill would repeal the statutory authorization for certain
authorities which are either defunct or which were never ultimately
established by local law. The authorities listed in this bill have


been determined inactive by the Authorities Budget Office, based on
consultation with the affected local government. Although these
authorities no longer function, their authorization continues in State
Law. This bill would repeal various sections of the Public Authorities
Law, to formally dissolve those authorities that are no longer
actively engaged in the public purpose for which they were
established. None of these authorities has any outstanding debt or
other obligations.

This bill would advance the State's effort to maintain an accurate
inventory of authorities in the State. It would update state law to
reflect the fact that certain authorities have, as a practical matter,
ceased to exist. By eliminating defunct authorities, this bill would
ensure that if a local government wishes once again to use an
authority for such a purpose, it must obtain new legislation at the
state level authorizing such use. This bill would thus promote the
State's interest in curbing the proliferation of unnecessary
authorities.

FISCAL IMPLICATIONS:

None for the State. The entities formally dissolved by this bill have
no outstanding debt, so there are no fiscal implications for
bondholders.

EFFECTIVE DATE:

This bill would take effect 60 days after it becomes a law


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

                                  5141

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to repeal certain provisions of the public authorities law relat-
  ing to certain authorities; and to transfer  any  books,  records  and
  remaining  rights  of  any  dissolved  authority  to  an  identifiable
  location

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative intent. It is hereby declared to be a substan-
tial interest of this state that residents, governments  and  businesses
have certainty in the corporate status and orderly dissolution of public
authorities,  and that upon dissolution, their enabling statutes will be
repealed and their books, records and remaining rights, if any, will  be
transferred  to  the  municipality  for whose purpose the public benefit
corporation was created. The welfare of the state necessitates  ensuring
that  the proliferation of moribund public benefit corporations, such as
those included in this act found to be defunct by the  comptroller,  the
authorities  budget  office  and the New York state commission on public
authority reform, does not continue unchecked.
  S 2. Title 18-A  of  article  7  of  the  public  authorities  law  is
REPEALED.
  S 2-a. Notwithstanding any other provision of law to the contrary, any
existing  records,  property, rights, titles, and interest of the Sleepy
Hollow parking authority shall vest in and be possessed by  the  village
of Sleepy Hollow and its successors or assigns.
  S 3. Title 30 of article 8 of the public authorities law is REPEALED.
  S 3-a. Notwithstanding any other provision of law to the contrary, any
existing  facilities,  rights  and  property of the Western Finger Lakes
solid waste management authority shall be disposed of as shall be agreed
upon by all participating counties of the authority.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10851-01-3

S. 5141                             2

  S 4. Separability clause. If any clause, sentence, paragraph,  section
or  part  of this act shall be adjudged by any court of competent juris-
diction to be invalid such judgment shall not affect, impair or  invali-
date  the  remainder of this act, but shall be confined in its operation
to  the  clause,  sentence,  paragraph, section or part thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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