NY State Senate Bill 2021-S977A

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Feb 28, 2022	advanced to third reading
Feb 17, 2022	2nd report cal.
Feb 16, 2022	1st report cal.535
Jan 05, 2022	referred to corporations, authorities and commissions returned to senate died in assembly
May 19, 2021	referred to codes delivered to assembly passed senate
Apr 26, 2021	advanced to third reading
Apr 21, 2021	2nd report cal.
Apr 20, 2021	1st report cal.696
Mar 10, 2021	print number 977a
Mar 10, 2021	amend and recommit to corporations, authorities and commissions
Jan 06, 2021	referred to corporations, authorities and commissions

Votes

- May 19, 2021 - Floor Vote
  S977A
  
  50
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 19, 2021
      
      aye (50)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (13)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
  Feb 16, 2022 - Corporations, Authorities And Commissions Committee Vote
  S977A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Feb 16, 2022
      
      aye (6)
      
      Comrie
      
      Gaughran
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis
      
      aye wr (1)
      
      Martucci
  Apr 20, 2021 - Corporations, Authorities And Commissions Committee Vote
  S977A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Apr 20, 2021
      
      aye (6)
      
      Comrie
      
      Gaughran
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis
      
      aye wr (1)
      
      Martucci

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S977 - Details

See Assembly Version of this Bill:: A2631
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Add §8, amd §§2800, 2824 & 6, Pub Auth L; amd §104, N-PC L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8659, A10745
2023-2024: S6746, A8121

2021-S977 - Summary

Relates to reviews by the authorities budget office; grants the authorities budget office the authority to commence an action or special proceeding to annul the corporate existence or dissolve a corporation that has acted beyond its capacity or power; makes related provisions.

2021-S977 - Sponsor Memo

                                
 
BILL NUMBER: S977

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the public authorities law and the not-for-profit corpo-
ration law, in relation to reviews by the authority budget office and
granting the authorities budget office the authority to commence an
action or special proceeding to annul the corporate existence or
dissolve a corporation that has acted beyond its capacity or power or to
restrain it from carrying on unauthorized activities

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase oversight powers of the Authorities Budget Office.

 
SUMMARY OF PROVISIONS:

Section 1. Requires that a public authority publish a response to recom-
mendations made by the Authorities Budget Office in any reports or
letters within 30 days of receiving such recommendations. If the Author-

ities Budget Office makes recommendations for corrective action, the
authority had 180 days to respond detailing the corrective actions
taken, and if not, why the recommendations were not implemented. Failure
to comply will make the authority delinquent in its reporting require-
ments.

Section 2. Makes the knowing and willful submission of a false financial
report to the Authorities Budget Office perjury in the third degree.

Section 3. Allows the Authorities Budget Office to remove authority
board members that fail to complete state mandated training. Any board
member that has not completed their mandated training would be notified
of their suspension for three months for failure to complete their
training. The suspension ends when the person completes the training,
unless they fail to complete it before the three months, at which time
the person would be removed from the board. The individual could be
reinstated if they complete the training.

Section 4. Directs the Department of State to notify the Authorities
Budget Office of the creation of any new non-profit local development
corporations.

Section 5. Provides the Authorities Budget Office power to commence an
action or proceeding to annul the corporate existence or dissolve a
corporation that has acted beyond its capacity or power, or restrain it
from carrying on unauthorized activities.

Section 6. Effective Date.

 
JUSTIFICATION:

Public authorities and public benefit corporations are corporate instru-
ments of the State created by the Legislature to further public inter-
ests. In New York, these authorities are responsible for the develop-
ment, operation and maintenance of critical public infrastructure,
including bridges, roads utilities and parks.


The public deserves assurances that these entities are acting in their
best interests. This legislation provides more oversight powers to the
Authorities Budget Office to improve public authority governance and
create greater transparency and accountability to taxpayers.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8659/A10745

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.

2021-S977 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    977
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the public authorities law and the not-for-profit corpo-
   ration  law, in relation to reviews by the authority budget office and
   granting the authorities budget office the authority  to  commence  an
   action  or  special  proceeding  to  annul  the corporate existence or
   dissolve a corporation that has acted beyond its capacity or power  or
   to restrain it from carrying on unauthorized activities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 8 to read as follows:
   §  8.  REPORTS  OF  PUBLIC  AUTHORITIES  BY AUTHORITIES BUDGET OFFICE;
 RECOMMENDATIONS FOR CORRECTIVE ACTION. WHENEVER THE  AUTHORITIES  BUDGET
 OFFICE ISSUES A LETTER OR REPORT REGARDING THE ACTIVITIES AND OPERATIONS
 OF  ANY  PUBLIC  AUTHORITY,  THE  HEAD OF THE PUBLIC AUTHORITY WHICH THE
 LETTER OR REPORT WAS ABOUT SHALL SUBMIT A WRITTEN RESPONSE TO THE LETTER
 OR REPORT WITHIN THIRTY DAYS OF THE RECEIPT OF THE LETTER OR REPORT.  IF
 THE  LETTER  OR REPORT MAKES RECOMMENDATIONS FOR CORRECTIVE ACTION, SUCH
 HEAD SHALL REPORT WITHIN ONE HUNDRED EIGHTY DAYS AFTER  RECEIPT  THEREOF
 TO THE AUTHORITIES BUDGET OFFICE WHAT STEPS WERE TAKEN TO IMPLEMENT SUCH
 RECOMMENDATIONS,  AND,  WHERE  RECOMMENDATIONS WERE NOT IMPLEMENTED, THE
 REASONS THEREFOR. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS  SECTION
 SHALL MAKE THE AUTHORITY DELINQUENT IN ITS REPORTING REQUIREMENTS.
   §  2.  Subdivision 3 of section 2800 of the public authorities law, as
 amended by chapter 766 of the laws  of  2005,  is  amended  to  read  as
 follows:
   3.  Every  financial  report  submitted  under  this  section shall be
 approved by the board and shall be certified, UNDER PENALTY OF  PERJURY,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03819-01-1

 S. 977                              2
 
 in  writing by the chief executive officer and the chief financial offi-
 cer of such authority that based on  the  officer's  knowledge  (a)  the
 information  provided  therein is accurate, correct and does not contain
 any  untrue  statement  of material fact; (b) does not omit any material
 fact which, if omitted, would  cause  the  financial  statements  to  be
 misleading in light of the circumstances under which such statements are
 made;  and  (c)  fairly  presents in all material respects the financial
 condition and results of operations of the authority as of, and for, the
 periods presented in the financial statements.   A KNOWING  AND  WILLFUL
 VIOLATION OF THIS SECTION SHALL CONSTITUTE PERJURY IN THE THIRD DEGREE.
   §  3.  Subdivision 2 of section 2824 of the public authorities law, as
 added by section 766 of the laws of 2005, is amended to read as follows:
   2. (A) Individuals appointed to the board of a public authority  shall
 participate in state approved training regarding their legal, fiduciary,
 financial  and  ethical  responsibilities  as  directors of an authority
 within one year of appointment to a board. Board members  shall  partic-
 ipate  in such continuing training as may be required to remain informed
 of best practices, regulatory and  statutory  changes  relating  to  the
 effective oversight of the management and financial activities of public
 authorities and to adhere to the highest standards of responsible gover-
 nance.
   (B) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, A MEMBER IN NON-COM-
 PLIANCE WITH THE REQUIREMENTS SET FORTH IN THIS SECTION SHALL BE SUBJECT
 TO  THE  ENFORCEMENT  POWERS OF THE AUTHORITIES BUDGET OFFICE, INCLUDING
 BUT NOT LIMITED TO REMOVAL FROM THE BOARD OF SAID PUBLIC  AUTHORITY.  IF
 AN  INDIVIDUAL  APPOINTED  TO  THE  BOARD OF A PUBLIC AUTHORITY DOES NOT
 COMPLETE THEIR STATE APPROVED TRAINING PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION THE AUTHORITY BUDGET OFFICE SHALL NOTIFY SAID INDIVIDUAL  OF
 THEIR OFFICIAL SUSPENSION AS A BOARD MEMBER. THE SUSPENSION SHALL BE FOR
 A  PERIOD  OF  THREE  MONTHS AND SHALL COMMENCE WITH RECEIPT OF OFFICIAL
 NOTICE OF THE SUSPENSION BY THE AUTHORITIES BUDGET OFFICE.  THE  SUSPEN-
 SION  SHALL  BE  TERMINATED  IF  SUCH  INDIVIDUAL COMPLETES THE REQUIRED
 TRAINING WITHIN THE THREE MONTH SUSPENSION PERIOD.  IF  SUCH  INDIVIDUAL
 FAILS  TO  COMPLETE THE REQUIRED TRAINING WITHIN THE THREE MONTH SUSPEN-
 SION PERIOD, THE AUTHORITIES BUDGET OFFICE  MAY  REMOVE  THE  INDIVIDUAL
 FROM THE PUBLIC AUTHORITY BOARD.
   (C)  AN INDIVIDUAL THAT HAS BEEN REMOVED FROM A PUBLIC AUTHORITY BOARD
 BY THE AUTHORITIES BUDGET OFFICE  PURSUANT  TO  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION,  MAY ONLY BE REINSTATED TO THAT PUBLIC AUTHORITY BOARD ONCE
 THEY PROVIDE THE AUTHORITIES BUDGET OFFICE WITH OFFICIAL NOTICE CONFIRM-
 ING THE TRAINING REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS  SUBDI-
 VISION HAVE BEEN MET.
   §  4.  Section 104 of the not-for-profit corporation law is amended by
 adding a new paragraph (h) to read as follows:
   (H) IF AN INSTRUMENT WHICH IS DELIVERED TO THE DEPARTMENT OF STATE FOR
 FILING RELATES TO MUNICIPAL ECONOMIC DEVELOPMENT,  IS  A  NOT-FOR-PROFIT
 CORPORATION  CREATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THIS
 CHAPTER OR IF SUCH INSTRUMENT MAY BE DEEMED A LOCAL AUTHORITY AS DEFINED
 BY SUBDIVISION TWO OF SECTION TWO OF THE  PUBLIC  AUTHORITIES  LAW,  THE
 DEPARTMENT  OF  STATE SHALL REVIEW, MAKE, CERTIFY AND TRANSMIT ELECTRON-
 ICALLY A COPY OF EACH SUCH INSTRUMENT RELATING TO LOCAL ECONOMIC  DEVEL-
 OPMENT TO THE AUTHORITIES BUDGET OFFICE.
   §  5.  Paragraphs  (i)  and  (j)  of subdivision 2 of section 6 of the
 public authorities law, as added by chapter 506 of the laws of 2009, are
 amended and a new paragraph (k) is added to read as follows:

 S. 977                              3
 
   (i) compel any authority which is deemed to be in non-compliance  with
 this title and title one of this article or article nine of this chapter
 to  submit  to  the  authorities budget office a detailed explanation of
 such failure to comply; [and]
   (j)  commence  a special proceeding in supreme court, when it does not
 receive from a state or local authority upon request information, books,
 records or other documentation necessary to perform its duties,  seeking
 an order directing the production of the same[.]; AND
   (K)  COMMENCE  AN  ACTION OR SPECIAL PROCEEDING TO ANNUL THE CORPORATE
 EXISTENCE OR DISSOLVE A CORPORATION THAT HAS ACTED BEYOND  ITS  CAPACITY
 OR POWER OR TO RESTRAIN IT FROM CARRYING ON UNAUTHORIZED ACTIVITIES.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2021-S977A (ACTIVE) - Details

See Assembly Version of this Bill:: A2631
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Add §8, amd §§2800, 2824 & 6, Pub Auth L; amd §104, N-PC L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8659, A10745
2023-2024: S6746, A8121

2021-S977A (ACTIVE) - Summary

2021-S977A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S977A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the public authorities law and the not-for-profit corpo-
ration law, in relation to reviews by the authority budget office and
granting the authorities budget office the authority to commence an
action or special proceeding to annul the corporate existence or
dissolve a corporation that has acted beyond its capacity or power or to
restrain it from carrying on unauthorized activities

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase oversight powers of the Authorities Budget Office.

 
SUMMARY OF PROVISIONS:

Section 1. Requires that a public authority publish a response to recom-
mendations made by the Authorities Budget Office in any reports or
letters within 30 days of receiving such recommendations. If the Author-

ities Budget Office makes recommendations for corrective action, the
authority had 180 days to respond detailing the corrective actions
taken, and if not, why the recommendations were not implemented. Failure
to comply will make the authority delinquent in its reporting require-
ments.

Section 2. Makes the knowing and willful submission of a false financial
report to the Authorities Budget Office perjury in the third degree.

Section 3. Allows the Authorities Budget Office to remove authority
board members that fail to complete state mandated training. Any board
member that has not completed their mandated training would be notified
of their suspension for three months for failure to complete their
training. The suspension ends when the person completes the training,
unless they fail to complete it before the three months, at which time
the person would be removed from the board. The individual could be
reinstated if they complete the training.

Section 4. Directs the Department of State to notify the Authorities
Budget Office of the creation of any new non-profit local development
corporations.

Section 5. Provides the Authorities Budget Office power to commence an
action or proceeding to annul the corporate existence or dissolve a
corporation that has acted beyond its capacity or power, or restrain it
from carrying on unauthorized activities.

Section 6. Effective Date.

 
JUSTIFICATION:

Public authorities and public benefit corporations are corporate instru-
ments of the State created by the Legislature to further public inter-
ests. In New York, these authorities are responsible for the develop-
ment, operation and maintenance of critical public infrastructure,
including bridges, roads utilities and parks.


The public deserves assurances that these entities are acting in their
best interests. This legislation provides more oversight powers to the
Authorities Budget Office to improve public authority governance and
create greater transparency and accountability to taxpayers.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8659/A10745

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.

2021-S977A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  977--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, COMRIE -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Corporations,
   Authorities  and  Commissions  --  committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the public authorities law and the not-for-profit corpo-
   ration law, in relation to reviews by the authority budget office  and
   granting  the  authorities  budget office the authority to commence an
   action or special proceeding  to  annul  the  corporate  existence  or
   dissolve  a corporation that has acted beyond its capacity or power or
   to restrain it from carrying on unauthorized activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 8 to read as follows:
   § 8. REPORTS OF  PUBLIC  AUTHORITIES  BY  AUTHORITIES  BUDGET  OFFICE;
 RECOMMENDATIONS  FOR  CORRECTIVE ACTION. WHENEVER THE AUTHORITIES BUDGET
 OFFICE ISSUES A LETTER OR REPORT REGARDING THE ACTIVITIES AND OPERATIONS
 OF ANY PUBLIC AUTHORITY, THE HEAD OF  THE  PUBLIC  AUTHORITY  WHICH  THE
 LETTER OR REPORT WAS ABOUT SHALL SUBMIT A WRITTEN RESPONSE TO THE LETTER
 OR  REPORT WITHIN THIRTY DAYS OF THE RECEIPT OF THE LETTER OR REPORT. IF
 THE LETTER OR REPORT MAKES RECOMMENDATIONS FOR CORRECTIVE  ACTION,  SUCH
 HEAD  SHALL  REPORT WITHIN ONE HUNDRED EIGHTY DAYS AFTER RECEIPT THEREOF
 TO THE AUTHORITIES BUDGET OFFICE WHAT STEPS WERE TAKEN TO IMPLEMENT SUCH
 RECOMMENDATIONS, AND, WHERE RECOMMENDATIONS WERE  NOT  IMPLEMENTED,  THE
 REASONS  THEREFOR. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION
 SHALL MAKE THE AUTHORITY DELINQUENT IN ITS REPORTING REQUIREMENTS.
   § 2. Subdivision 3 of section 2800 of the public authorities  law,  as
 amended  by  chapter  766  of  the  laws  of 2005, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03819-02-1

 S. 977--A                           2
 
   3. Every financial  report  submitted  under  this  section  shall  be
 approved  by the board and shall be certified, UNDER PENALTY OF PERJURY,
 in writing by the chief executive officer and the chief financial  offi-
 cer  of  such  authority  that  based on the officer's knowledge (a) the
 information  provided  therein is accurate, correct and does not contain
 any untrue statement of material fact; (b) does not  omit  any  material
 fact  which,  if  omitted,  would  cause  the financial statements to be
 misleading in light of the circumstances under which such statements are
 made; and (c) fairly presents in all  material  respects  the  financial
 condition and results of operations of the authority as of, and for, the
 periods  presented  in  the financial statements.  A KNOWING AND WILLFUL
 VIOLATION OF THIS SECTION SHALL CONSTITUTE PERJURY IN THE THIRD DEGREE.
   § 3. Subdivision 2 of section 2824 of the public authorities  law,  as
 added by section 766 of the laws of 2005, is amended to read as follows:
   2.  (A) Individuals appointed to the board of a public authority shall
 participate in state approved training regarding their legal, fiduciary,
 financial and ethical responsibilities  as  directors  of  an  authority
 within  one  year of appointment to a board. Board members shall partic-
 ipate in such continuing training as may be required to remain  informed
 of  best  practices,  regulatory  and  statutory changes relating to the
 effective oversight of the management and financial activities of public
 authorities and to adhere to the highest standards of responsible gover-
 nance.
   (B) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, A MEMBER IN NON-COM-
 PLIANCE WITH THE REQUIREMENTS SET FORTH IN THIS SECTION SHALL BE SUBJECT
 TO THE ENFORCEMENT POWERS OF THE AUTHORITIES  BUDGET  OFFICE,  INCLUDING
 BUT  NOT  LIMITED TO REMOVAL FROM THE BOARD OF SAID PUBLIC AUTHORITY. IF
 AN INDIVIDUAL APPOINTED TO THE BOARD OF  A  PUBLIC  AUTHORITY  DOES  NOT
 COMPLETE THEIR STATE APPROVED TRAINING PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION  THE AUTHORITY BUDGET OFFICE SHALL NOTIFY SAID INDIVIDUAL OF
 THEIR OFFICIAL SUSPENSION AS A BOARD MEMBER. THE SUSPENSION SHALL BE FOR
 A PERIOD OF THREE MONTHS AND SHALL COMMENCE  WITH  RECEIPT  OF  OFFICIAL
 NOTICE  OF  THE SUSPENSION BY THE AUTHORITIES BUDGET OFFICE. THE SUSPEN-
 SION SHALL BE TERMINATED  IF  SUCH  INDIVIDUAL  COMPLETES  THE  REQUIRED
 TRAINING  WITHIN  THE  THREE MONTH SUSPENSION PERIOD. IF SUCH INDIVIDUAL
 FAILS TO COMPLETE THE REQUIRED TRAINING WITHIN THE THREE  MONTH  SUSPEN-
 SION  PERIOD,  THE  AUTHORITIES  BUDGET OFFICE MAY REMOVE THE INDIVIDUAL
 FROM THE PUBLIC AUTHORITY BOARD.
   (C) AN INDIVIDUAL THAT HAS BEEN REMOVED FROM A PUBLIC AUTHORITY  BOARD
 BY  THE  AUTHORITIES  BUDGET  OFFICE  PURSUANT  TO PARAGRAPH (B) OF THIS
 SUBDIVISION, MAY ONLY BE REINSTATED TO THAT PUBLIC AUTHORITY BOARD  ONCE
 THEY PROVIDE THE AUTHORITIES BUDGET OFFICE WITH OFFICIAL NOTICE CONFIRM-
 ING  THE TRAINING REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDI-
 VISION HAVE BEEN MET.
   § 4. Section 104 of the not-for-profit corporation law is  amended  by
 adding a new paragraph (h) to read as follows:
   (H) IF AN INSTRUMENT WHICH IS DELIVERED TO THE DEPARTMENT OF STATE FOR
 FILING  RELATES  TO  A  NOT-FOR-PROFIT  CORPORATION  CREATED PURSUANT TO
 SECTION FOURTEEN HUNDRED ELEVEN OF THIS CHAPTER OR TO AN ENTITY THAT MAY
 BE DEEMED A LOCAL AUTHORITY AS DEFINED BY SUBDIVISION TWO OF SECTION TWO
 OF THE PUBLIC AUTHORITIES LAW, THE   DEPARTMENT OF STATE  SHALL  REVIEW,
 MAKE, CERTIFY AND TRANSMIT ELECTRONICALLY A COPY OF EACH SUCH INSTRUMENT
 RELATING TO LOCAL ECONOMIC DEVELOPMENT TO THE AUTHORITIES BUDGET OFFICE.
   §  5.  Paragraphs  (i)  and  (j)  of subdivision 2 of section 6 of the
 public authorities law, as added by chapter 506 of the laws of 2009, are
 amended and a new paragraph (k) is added to read as follows:

 S. 977--A                           3
 
   (i) compel any authority which is deemed to be in non-compliance  with
 this title and title one of this article or article nine of this chapter
 to  submit  to  the  authorities budget office a detailed explanation of
 such failure to comply; [and]
   (j)  commence  a special proceeding in supreme court, when it does not
 receive from a state or local authority upon request information, books,
 records or other documentation necessary to perform its duties,  seeking
 an order directing the production of the same[.]; AND
   (K)  COMMENCE  AN  ACTION OR SPECIAL PROCEEDING TO ANNUL THE CORPORATE
 EXISTENCE OR DISSOLVE A CORPORATION THAT HAS ACTED BEYOND  ITS  CAPACITY
 OR POWER OR TO RESTRAIN IT FROM CARRYING ON UNAUTHORIZED ACTIVITIES.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S977A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 19, 2021 - Floor Vote

Floor Vote: May 19, 2021

Feb 16, 2022 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: Feb 16, 2022

Apr 20, 2021 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: Apr 20, 2021

Bill Amendments

co-Sponsors

2021-S977 - Details

2021-S977 - Summary

2021-S977 - Sponsor Memo

2021-S977 - Bill Text download pdf

co-Sponsors

2021-S977A (ACTIVE) - Details

2021-S977A (ACTIVE) - Summary

2021-S977A (ACTIVE) - Sponsor Memo

2021-S977A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S977A

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Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Leroy Comrie

2021-S977 - Details

2021-S977 - Summary

2021-S977 - Sponsor Memo

2021-S977 - Bill Text download pdf

co-Sponsors

Leroy Comrie

Andrew Gounardes

James Skoufis

2021-S977A (ACTIVE) - Details

2021-S977A (ACTIVE) - Summary

2021-S977A (ACTIVE) - Sponsor Memo

2021-S977A (ACTIVE) - Bill Text download pdf

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