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A05415 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the public authorities law and the general municipal law, in relation to clarifying and making certain technical corrections to the public authorities reform act of 2009; and to repeal certain provisions of the public authorities law relating thereto PURPOSE: To clarify and make certain technical corrections to the Public Authori- ties Reform Act of 2009. SUMMARY OF PROVISIONS: Section 1 of this bill amends Subdivisions 1 and 2 of Section 2800 of the Public Authorities Law to allow durable information to be posted on the website of a public authority rather than submitted annually in the Public Authorities Reporting Information System ("PARIS"), to remove references to Section 2806 which should be repealed, and to make other technical changes to conform to current PARIS data fields. Subdivision 2 of this bill amends Subdivision 4 of Section 2800 of the Public Authorities Law to clarify that a waiver granted pursuant to such Subdivision shall not apply to the filing requirement imposed on an industrial development agency by Section 859 of the General Municipal Law or to any other requirement that a State or local authority file or submit documents or information to the State Comptroller. Section 3 of this bill amends Section 2801 of the Public Authorities Law to require submission of an adopted six year budget plan no later than 30 days prior to the start of a public authority's fiscal year. Subdi- vision 3 is repealed in this section, since the budget report is required prior to the fiscal year and would not be included in the annu- al report filed at the conclusion of the fiscal year. Section 4 of this bill amends Subdivisions 2 and 7 of Section 2802 of the Public Authorities Law to make certain minor technical corrections. Section 5 of this bill repeals Section 2806 of the Public Authorities Law requiring the filing of annual personnel reports by January 15, since such data is already collected pursuant to Section 2800 of the Public Authorities Law. Section 6 of this bill amends the opening paragraph of Subdivision 2 of Section 2825 of the Public Authorities Law to clarify that ex officio local authority board members are considered to be independent in the same way as ex officio State directors. Section 7 of this bill amends the opening paragraph of Subdivision 6 of Section 2827-a of the Public Authorities Law to require any subsidiary public benefit corporation to provide to the State Comptroller and the director of the Authorities Budget Office (A130) a report on such subsidiary. Section 8 of this bill amends Subdivision 1 and Paragraph (a) of Subdi- vision 8 of Section 2879 of the Public Authorities Law to require that procurement reports be submitted to the ABO within 90 days of the end of the authority's fiscal year. This would apply to State and local author- ities. Current law only requires State authorities to submit a report annually. Section 9 of this bill amends Subdivision 3 of Section 2896 of the Public Authorities Law to clarify that property reports are to be filed within 90 days of the end of the authority's fiscal year as part of the annual report required under Section 2800 of the Public Authorities Law. This Section also adds that such report shall contain such other infor- mation as required by the ABO. Section 10 of this bill amends Paragraphs (a) and (b) of Subdivision 7 of Section 2925 of the Public Authorities Law to require the filing of annual investment reports within 90 days of the end of the authority's fiscal year. Section 11 of this bill amends Subdivision 2 of Section 561-a of the General Municipal Law to establish that urban renewal agencies must submit an annual financial report and audit to the commissioner of hous- ing and community renewal, the Comptroller and the ABO within 90 days after the close of the authority's fiscal year. Section 12 of this bill amends Subdivision 1 of Section 859 of the General Municipal Law to conform financial reporting by industrial development agencies to the Public Authorities Law. Additionally, this Section establishes that a waiver granted pursuant to such Subdivision shall not apply to any filing requirement imposed on an agency by or pursuant to Section 2800 of the Public Authorities Law. Section 13 of this bill provides for an immediate effective date. PRIOR LEGISLATIVE HISTORY: S.4075-A and A.3630 (Passed Assembly) of 2013 - 2014 S. 5820-B and A. 7798-B (Passed Assembly) of 2011-2012 JUSTIFICATION: The Public Authorities Reform Act of 2009 was signed into law in Decem- ber of that year. This Act improved public authority transparency and accountability through enhanced reporting and oversight provisions. The statutory changes suggested in this bill seek to clarify the reporting and compliance responsibilities of public authorities pursuant to the Act as well as to enhance public access to authority information. BUDGET IMPLICATIONS: This bill has no significant fiscal impact. EFFECTIVE DATE: This bill would take effect immediately.