NY State Senate Bill 2025-S8173

Senate Bill S8173

2025-2026 Legislative Session

Allows state finance authorities to place liens on federal property within the state in the event of federal noncompliance with congressionally approved spending

download bill text pdf

Current Bill Status - In Senate Committee Finance 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2025	referred to finance

2025-S8173 (ACTIVE) - Details

See Assembly Version of this Bill:: A8636
Current Committee:: Senate Finance
Law Section:: State Law
Laws Affected:: Add §50-b, State L; amd §8, St Fin L

2025-S8173 (ACTIVE) - Summary

Allows the state comptroller and commissioner of taxation and finance to place liens on federal property within the state in the event of federal noncompliance with congressionally approved spending.

2025-S8173 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8173

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the state law and the state finance law, in relation to
allowing state finance authorities to place liens on federal property
within the state in the event of federal noncompliance with congression-
ally approved spending

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow state finance authorities to place liens on federal property
located within New York State in the event of federal noncompliance with
a court order upholding congressionally approved spending.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Authorizes New York State to reserve jurisdiction over land
owned by the United States in New York State, in the event that the
federal government is found to be non-compliant with a court decision
upholding federal congressionally approved spending. Section 2: Amends

state finance laws by establishing that in event of federal non-compli-
ance with court decisions upholding congressionally approved spending,
the comptroller or the commissioner may, in consultation with the attor-
ney general, place liens on federal property within the state.

Section 3: Provides that this act shall take effect immediately.

 
JUSTIFICATION:

In the event that the Federal government withholds funds the State is
owed, and does so in contravention of a court decision, the State would
be authorized to respond by placing a lien on federally owned properties
located in New York State. This bill would expand the toots available to
New York to fight back against any illegal withholding of federal funds
by the Trump Administration.  The Governor, the Comptroller, and the
Director of the Division of the Budget, acting jointly and unanimously,
may direct the Commissioner of the Department of Taxation and Finance to
place liens on federal property in the State.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S8173 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8173
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state law and the state finance law, in relation  to
   allowing  state finance authorities to place liens on federal property
   within the state in the event of federal noncompliance  with  congres-
   sionally approved spending
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state law is amended by adding a new  section  50-b  to
 read as follows:
   §  50-B.  DELINQUENT FEDERAL FUNDS; STATE JURISDICTION. FOR DELINQUENT
 FEDERAL FUNDS AS DETERMINED  UNDER  SUBDIVISION  TWENTY-ONE  OF  SECTION
 EIGHT  OF  THE  STATE  FINANCE LAW, THE STATE RESERVES JURISDICTION WITH
 RESPECT TO LAND THAT THE UNITED STATES OR ANY UNIT OF THE UNITED  STATES
 LEASES  OR  OTHERWISE  HOLDS IN THE STATE WHEN THE FEDERAL GOVERNMENT IS
 FOUND NOT IN COMPLIANCE WITH COURT DECISIONS UPHOLDING FEDERAL  CONGRES-
 SIONALLY APPROVED SPENDING.
   §  2.  Section  8  of the state finance law is amended by adding a new
 subdivision 21 to read as follows:
   21. A. IN CONJUNCTION WITH THE COMMISSIONER OF TAXATION  AND  FINANCE,
 DETERMINE  AND COLLECT DELINQUENT FEDERAL FUNDS OWED TO THE STATE BY THE
 UNITED STATES GOVERNMENT IN THE  EVENT  OF  FEDERAL  NONCOMPLIANCE  WITH
 COURT DECISIONS UPHOLDING CONGRESSIONALLY APPROVED SPENDING.
   B.  IN THE EVENT OF FEDERAL NONCOMPLIANCE WITH COURT DECISIONS UPHOLD-
 ING CONGRESSIONALLY APPROVED SPENDING, THE COMPTROLLER  OR  THE  COMMIS-
 SIONER  MAY,  IN  CONSULTATION WITH THE ATTORNEY GENERAL, PLACE LIENS ON
 FEDERAL PROPERTY WITHIN THE STATE.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11931-01-5

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