NY State Senate Bill 2021-S235A

Senate Bill S235A

2021-2022 Legislative Session

Allows for the examination of industrial development agencies and not-for-profit corporations by county comptrollers

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Feb 08, 2022	referred to local governments delivered to assembly passed senate
Jan 31, 2022	advanced to third reading
Jan 26, 2022	2nd report cal.
Jan 25, 2022	1st report cal.325
Jan 05, 2022	referred to corporations, authorities and commissions returned to senate died in assembly
Jun 03, 2021	referred to local governments delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.318
Feb 02, 2021	print number 235a
Feb 02, 2021	amend (t) and recommit to corporations, authorities and commissions
Jan 06, 2021	referred to corporations, authorities and commissions

Votes

- Feb 8, 2022 - Floor Vote
  S235A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 8, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 3, 2021 - Floor Vote
  S235A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jan 25, 2022 - Corporations, Authorities And Commissions Committee Vote
  S235A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Jan 25, 2022
      
      aye (7)
      
      Comrie
      
      Gaughran
      
      Martucci
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis
  Feb 9, 2021 - Corporations, Authorities And Commissions Committee Vote
  S235A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Feb 9, 2021
      
      aye (7)
      
      Comrie
      
      Gaughran
      
      Martucci
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis

Bill Amendments

Original

A (Active)

2021-S235 - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Add §34-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8701
2023-2024: S2297

2021-S235 - Summary

Allows for the examination of industrial development agencies and not-for-profit corporations by county comptrollers.

2021-S235 - Sponsor Memo

                                
 
BILL NUMBER: S235

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to allowing for
the examination of industrial development agencies and not-for-profit
corporations by county comptrollers

 
PURPOSE:

To allow for independent examination and audit of industrial development
agencies and not-for-profit corporations on the local county level.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the public authorities law permitting
the county comptroller or local equivalent to examine and audit the
projects and actions of industrial development agencies operating within
a county as well as local non-for-profit corporations.

Section 2 sets the effective date.

 
JUSTIFICATION:

New York State law authorizes industrial development agencies to grant
incentives, including tax abatements and PILOTs, to businesses and
projects to promote job growth and the vitality of our local economies.
The actions they take, including granting PILOTs, tax abatements, and
terms of the incentives, have substantial impacts on community members,
workers, and taxpayers. Yet, many of these actions are veiled from those
that are affected.

This bill would add an additional level of accountability by allowing
for the local audit and examination of IDA projects and actions.  Addi-
tionally, this bill enables the same examination of local not-for-profit
corporations. These measures allow for enhanced public confidence in
institutions designed to help people on a local level by allowing for
concerns of the public to be handled brought to the attention of a local
entity that is more attune with local concerns.

 
LEGISLATIVE HISTORY:

S8701 of 2020, Referred to Rules.

 
FISCAL IMPLICATIONS:

None

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

2021-S235 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    235
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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, in relation to allowing for
   the examination of industrial development agencies and  not-for-profit
   corporations by county comptrollers
 
   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 2803-a to read as follows:
   §  2803-A. EXAMINATION OF INDUSTRIAL DEVELOPMENT AGENCIES AND NOT-FOR-
 PROFIT CORPORATIONS BY COUNTY COMPTROLLERS. 1. EXAMINATION OF INDUSTRIAL
 DEVELOPMENT AGENCY PROJECTS AND ACTIONS BY COUNTY  COMPTROLLERS.  (A)  A
 COUNTY COMPTROLLER MAY CONDUCT AN AUDIT OF A PROJECT AND/OR ACTION OF AN
 INDUSTRIAL DEVELOPMENT AGENCY LOCATED WITHIN THE COUNTY.
   (B)  IN  COUNTIES  WHERE  THERE  IS  NO  COUNTY COMPTROLLER, THE CHIEF
 ELECTED OFFICIAL OF THE COUNTY SHALL DESIGNATE THE  BUDGET  DIRECTOR  OR
 FINANCE DIRECTOR TO UNDERTAKE SUCH AUDITS.
   (C)  FOR  PURPOSES  OF  THIS  SECTION, INDUSTRIAL DEVELOPMENT AGENCIES
 INCLUDE SUCH PUBLIC AUTHORITIES DEFINED IN PARAGRAPH (C) OF  SUBDIVISION
 TWO OF SECTION TWO OF THIS CHAPTER.
   2.  EXAMINATION OF NOT-FOR-PROFIT CORPORATIONS BY COUNTY COMPTROLLERS.
 (A) A COUNTY COMPTROLLER MAY CONDUCT AN AUDIT OF A NOT-FOR-PROFIT CORPO-
 RATION AFFILIATED WITH, SPONSORED BY, OR CREATED BY A COUNTY, CITY, TOWN
 OR VILLAGE GOVERNMENT, LOCATED WITHIN THE COUNTY.
   (B) IN COUNTIES WHERE  THERE  IS  NO  COUNTY  COMPTROLLER,  THE  CHIEF
 ELECTED  OFFICIAL  OF  THE COUNTY SHALL DESIGNATE THE BUDGET DIRECTOR OR
 FINANCE DIRECTOR TO UNDERTAKE SUCH AUDITS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02678-01-1

 S. 235                              2
 
   (C) FOR PURPOSES OF THIS SECTION, NOT-FOR-PROFIT CORPORATIONS  INCLUDE
 SUCH  PUBLIC  AUTHORITIES DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWO OF
 SECTION TWO OF THIS CHAPTER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2021-S235A (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Add §34-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8701
2023-2024: S2297

2021-S235A (ACTIVE) - Summary

Allows for the examination of industrial development agencies and not-for-profit corporations by county comptrollers.

2021-S235A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S235A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to allowing for
the examination of industrial development agencies and not-for-profit
corporations by county comptrollers

 
PURPOSE:

To allow for independent examination and audit of industrial development
agencies and not-for-profit corporations on the local county level.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the public authorities law permitting
the county comptroller or local equivalent to examine and audit the
projects and actions of industrial development agencies operating within
a county as well as local non-for-profit corporations.

Section 2 sets the effective date.

 
JUSTIFICATION:

New York State law authorizes industrial development agencies to grant
incentives, including tax abatements and PILOTs, to businesses and
projects to promote job growth and the vitality of our local economies.
The actions they take, including granting PILOTs, tax abatements, and
terms of the incentives, have substantial impacts on community members,
workers, and taxpayers. Yet, many of these actions are veiled from those
that are affected.

This bill would add an additional level of accountability by allowing
for the local audit and examination of IDA projects and actions.  Addi-
tionally, this bill enables the same examination of local not-for-profit
corporations such as local development corporations.  These measures
allow for enhanced public confidence in institutions designed to help
people on a local level by allowing for concerns of the public to be
handled brought to the attention of a local entity that is more attune
with local concerns.

 
LEGISLATIVE HISTORY:

S8701 of 2020, Referred to Rules.

 
FISCAL IMPLICATIONS:

None

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

2021-S235A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  235--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 general municipal law, in relation to  allowing  for
   the  examination of industrial development agencies and not-for-profit
   corporations by county comptrollers
 
   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 34-b to read as follows:
   § 34-B. EXAMINATION OF INDUSTRIAL DEVELOPMENT  AGENCIES  AND  NOT-FOR-
 PROFIT CORPORATIONS BY COUNTY COMPTROLLERS. 1. EXAMINATION OF INDUSTRIAL
 DEVELOPMENT  AGENCY  PROJECTS  AND ACTIONS BY COUNTY COMPTROLLERS. (A) A
 COUNTY COMPTROLLER MAY CONDUCT AN AUDIT OF A PROJECT AND/OR ACTION OF AN
 INDUSTRIAL DEVELOPMENT AGENCY LOCATED WITHIN THE COUNTY.
   (B) IN COUNTIES WHERE  THERE  IS  NO  COUNTY  COMPTROLLER,  THE  CHIEF
 ELECTED  OFFICIAL  OF  THE COUNTY SHALL DESIGNATE THE BUDGET DIRECTOR OR
 FINANCE DIRECTOR TO UNDERTAKE SUCH AUDITS.
   (C) FOR PURPOSES OF  THIS  SECTION,  INDUSTRIAL  DEVELOPMENT  AGENCIES
 INCLUDE  SUCH PUBLIC AUTHORITIES DEFINED IN PARAGRAPH (C) OF SUBDIVISION
 TWO OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
   2. EXAMINATION OF NOT-FOR-PROFIT CORPORATIONS BY COUNTY  COMPTROLLERS.
 (A) A COUNTY COMPTROLLER MAY CONDUCT AN AUDIT OF A NOT-FOR-PROFIT CORPO-
 RATION AFFILIATED WITH, SPONSORED BY, OR CREATED BY A COUNTY, CITY, TOWN
 OR VILLAGE GOVERNMENT, LOCATED WITHIN THE COUNTY.
   (B)  IN  COUNTIES  WHERE  THERE  IS  NO  COUNTY COMPTROLLER, THE CHIEF
 ELECTED OFFICIAL OF THE COUNTY SHALL DESIGNATE THE  BUDGET  DIRECTOR  OR
 FINANCE DIRECTOR TO UNDERTAKE SUCH AUDITS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02678-02-1

 S. 235--A                           2
 
   (C)  FOR PURPOSES OF THIS SECTION, NOT-FOR-PROFIT CORPORATIONS INCLUDE
 SUCH PUBLIC AUTHORITIES DEFINED IN PARAGRAPH (B) OF SUBDIVISION  TWO  OF
 SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S235A

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Sponsored By

Shelley B. Mayer