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S06879 Summary:

BILL NOS06879A
 
SAME ASSAME AS A06795-A
 
SPONSORWALCZYK
 
COSPNSR
 
MLTSPNSR
 
Rpld Art 13 Title 149, amd 471, Pub Hous L
 
Transfers the village of West Carthage housing authority to the town of Wilna housing authority.
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S06879 Actions:

BILL NOS06879A
 
05/12/2023REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
05/22/20231ST REPORT CAL.1166
05/23/2023AMENDED (T) 6879A
05/23/20232ND REPORT CAL.
05/24/2023ADVANCED TO THIRD READING
06/08/2023PASSED SENATE
06/08/2023DELIVERED TO ASSEMBLY
06/08/2023referred to ways and means
06/09/2023substituted for a6795a
06/09/2023ordered to third reading rules cal.793
06/09/2023home rule request
06/09/2023home rule request
06/09/2023passed assembly
06/09/2023returned to senate
10/13/2023DELIVERED TO GOVERNOR
10/25/2023SIGNED CHAP.599
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S06879 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6879--A
            Cal. No. 1166
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 12, 2023
                                       ___________
 
        Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  --  reported  favorably  from  said committee,
          ordered to first report, amended on first report, ordered to a  second
          report  and  ordered  reprinted,  retaining  its place in the order of
          second report
 
        AN ACT to amend the public housing law, in relation to the  transfer  of
          the  village  of  West Carthage housing authority to the town of Wilna
          housing authority; and to repeal  certain  provisions  of  the  public
          housing law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Title 149 of article  13  of  the  public  housing  law  is
     2  REPEALED.
     3    § 2. Section 471 of the public housing law, as added by chapter 684 of
     4  the laws of 1960, is amended to read as follows:
     5    §  471.  Town  of  Wilna  housing  authority.   1. A municipal housing
     6  authority, to be known as the town of Wilna housing authority is  hereby
     7  created and established for the town of Wilna in the county of Jefferson
     8  for  the accomplishment of any or all of the purposes specified in arti-
     9  cle eighteen of the constitution of the state  of  New  York.  It  shall
    10  constitute  a  body  corporate and politic, be perpetual in duration and
    11  consist of five members. It shall have the  powers  and  duties  now  or
    12  hereafter  conferred by this chapter upon municipal housing authorities.
    13  It shall be organized in the manner prescribed by  and  subject  to  the
    14  provisions  of this chapter and the authority, its members, officers and
    15  employees and its operations and activities shall  in  all  respects  be
    16  governed by the provisions of this chapter.
    17    2.  Notwithstanding  any other provision of law, rule or regulation to
    18  the contrary, the village of West Carthage  housing  authority,  in  its
    19  entirety,  shall  be transferred to the town of Wilna housing authority.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10829-02-3

        S. 6879--A                          2
 
     1  All powers and duties of the village of West Carthage housing  authority
     2  pursuant  to section thirty-seven of this chapter or any other provision
     3  relating to municipal housing authorities under article  three  of  this
     4  chapter shall be transferred to and assumed by the town of Wilna housing
     5  authority.
     6    §  3. Transfer of functions. All of the functions and powers possessed
     7  by, and all of the  obligations  and  duties  of  the  village  of  West
     8  Carthage  housing  authority are transferred and assigned to, assumed by
     9  and devolved upon the town of Wilna  housing  authority,  in  accordance
    10  with and pursuant to the provisions of this act.
    11    §  4.  Transfer  of  employees. Notwithstanding any other provision of
    12  law, rule, or regulation to the contrary, upon the transfer of functions
    13  from the village of West Carthage housing  authority  pursuant  to  this
    14  act,  all  employees  of  the village of West Carthage housing authority
    15  shall be transferred to the town of Wilna housing  authority.  Employees
    16  transferred  pursuant  to  this  section  shall  be  transferred without
    17  further examination or qualification and shall retain  their  respective
    18  civil  service  classifications,  status  and collective bargaining unit
    19  designations and collective bargaining agreements.
    20    § 5. Transfer of records. All  books,  papers,  and  property  of  the
    21  village  of  West  Carthage  housing  authority shall be provided to and
    22  deemed to be in the possession of the town of Wilna housing authority.
    23    § 6. Continuity of authority. For the purpose  of  succession  of  all
    24  functions,  powers,  duties and obligations transferred and assigned to,
    25  devolved upon and assumed by it pursuant to this act, the town of  Wilna
    26  housing  authority  shall be deemed and held to constitute the continua-
    27  tion of the village of West Carthage housing authority.
    28    § 7. Completion of unfinished business. Any business or  other  matter
    29  undertaken or commenced by the village of West Carthage housing authori-
    30  ty  pertaining  to  or connected with the functions, powers, obligations
    31  and duties hereby transferred and assigned to the town of Wilna  housing
    32  authority  and  pending  on  the  effective  date  of  this  act, may be
    33  conducted and completed by the town of Wilna housing  authority  in  the
    34  same  manner  and  under the same terms and conditions and with the same
    35  effect as if conducted and completed by the  village  of  West  Carthage
    36  housing authority.
    37    §  8.  Continuation  of rules and regulations. All rules, regulations,
    38  acts, orders, determinations, and  decisions  of  the  village  of  West
    39  Carthage housing authority pertaining to the functions and powers trans-
    40  ferred  and  assigned pursuant to this act, in force at the time of such
    41  transfer and assumption, shall continue in  full  force  and  effect  as
    42  rules,  regulations,  acts,  orders, determinations and decisions of the
    43  town of Wilna housing authority until duly modified or abrogated by  the
    44  board of such authority.
    45    §  9. Terms occurring in laws, contracts and other documents. Whenever
    46  the village of West Carthage housing authority, or the board thereof, is
    47  referred to or designated in any contract or document pertaining to  the
    48  functions,  powers,  obligations  and  duties  hereby transferred to and
    49  assigned to the town of  Wilna  housing  authority,  such  reference  or
    50  designation  shall  be  deemed  to  refer  to  the town of Wilna housing
    51  authority or such authority's board, as applicable.
    52    § 10. Existing rights and remedies preserved.  No  existing  right  or
    53  remedy  of  any  character  shall  be  lost, impaired or affected by any
    54  provisions of this act.
    55    § 11. Pending actions and proceedings. No action or proceeding pending
    56  at the time when this act shall take effect, brought by or  against  the

        S. 6879--A                          3
 
     1  village  of West Carthage housing authority, or the board thereof, shall
     2  be affected by any provision of this act, but the same may be prosecuted
     3  or defended in the name of the town of Wilna housing authority,  or  the
     4  board  thereof.  In  all such actions and proceedings, the town of Wilna
     5  housing authority, upon application of the court, shall  be  substituted
     6  as a party.
     7    §  12.  Transfer of assets and liabilities. All assets and liabilities
     8  of the village of West Carthage housing authority are hereby transferred
     9  to and assumed by the town of Wilna housing authority.
    10    § 13. This act shall take effect immediately.
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