S00790 Summary:

BILL NOS00790
 
SAME ASSAME AS A02073
 
SPONSORALESI
 
COSPNSR
 
MLTSPNSR
 
Amd SS2800, 2801, 2895, 2896 & 2897, Pub Auth L; amd S51, Exec L; amd SS86 & 102, Pub Off L
 
Clarifies the application of the accountability standards, open meetings law and freedom of information requirements to local development corporations.
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S00790 Actions:

BILL NOS00790
 
01/15/2009REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
01/27/20091ST REPORT CAL.3
02/02/20092ND REPORT CAL.
02/03/2009ADVANCED TO THIRD READING
02/09/2009PASSED SENATE
02/09/2009DELIVERED TO ASSEMBLY
02/09/2009referred to governmental operations
01/06/2010died in assembly
01/06/2010returned to senate
01/06/2010REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
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S00790 Floor Votes:

There are no votes for this bill in this legislative session.
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S00790 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           790
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2009
                                       ___________
 
        Introduced  by  Sen.  ALESI  -- 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, the executive law and the
          public officers law, in relation to clarifying the application of  the

          accountability standards, open meetings law and freedom of information
          requirements to local development corporations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision  2  of  section  2800  of  the
     2  public  authorities law, as added by chapter 766 of the laws of 2005, is
     3  amended to read as follows:
     4    (a) Every local authority, [continued or created by  this  chapter  or
     5  any  other  chapter  of  the  laws of the state of New York] pursuant to
     6  section two of this chapter shall submit to the chief executive officer,
     7  the chief fiscal officer, the chairperson of the legislative body of the
     8  local government or local governments and the entity established  pursu-

     9  ant  to section twenty-seven of [the] chapter seven hundred sixty-six of
    10  the laws of two thousand five [which  added  this  subdivision],  within
    11  ninety  days  after  the end of its fiscal year, a complete and detailed
    12  report or reports setting forth: (1) its operations and accomplishments;
    13  (2) its receipts and disbursements, or  revenues  and  expenses,  during
    14  such  fiscal  year  in accordance with the categories or classifications
    15  established by such authority for its own operating and  capital  outlay
    16  purposes;  (3)  its assets and liabilities at the end of its fiscal year
    17  including the status of reserve, depreciation, special  or  other  funds
    18  and  including  the receipts and payments of these funds; (4) a schedule
    19  of its bonds and notes outstanding  at  the  end  of  its  fiscal  year,

    20  together  with  a  statement of the amounts redeemed and incurred during
    21  such fiscal year as part of a schedule of debt  issuance  that  includes
    22  the  date  of  issuance, term, amount, interest rate and means of repay-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03470-01-9

        S. 790                              2
 
     1  ment. Additionally, the debt  schedule  shall  also  include  all  refi-
     2  nancings,  calls, refundings, defeasements and interest rate exchange or
     3  other such agreements, and for any  debt  issued  during  the  reporting
     4  year,  the schedule shall also include a detailed list of costs of issu-
     5  ance for such debt; (5) a compensation schedule that shall  include,  by

     6  position,  title  and name of the person holding such position or title,
     7  the salary, compensation, allowance  and/or  benefits  provided  to  any
     8  officer,  director  or employee in a decision making or managerial posi-
     9  tion of such authority whose salary is in excess of one hundred thousand
    10  dollars; (6) the projects undertaken by such authority during  the  past
    11  year; (7) a listing of (i) all real property of such authority having an
    12  estimated  fair  market value in excess of fifteen thousand dollars that
    13  the authority intends to dispose of; (ii) all such property held by  the
    14  authority  at the end of the period covered by the report; and (iii) all
    15  such property disposed of during such period. The report  shall  contain
    16  an  estimate  of  fair  market  value  for all such property held by the
    17  authority at the end of the period and the price received by the author-

    18  ity and the name of the purchaser for all  such  property  sold  by  the
    19  authority  during  such period; (8) such authority's code of ethics; and
    20  (9) an assessment of the effectiveness of its internal control structure
    21  and procedures.
    22    § 2. Subdivision 2 of section 2801 of the public authorities  law,  as
    23  added by chapter 766 of the laws of 2005, is amended to read as follows:
    24    2. Local authorities. For the local authority fiscal year ending on or
    25  after December thirty-first, two thousand seven and annually thereafter,
    26  every  local  authority [heretofore or hereafter continued or created by
    27  this chapter or any other chapter of the laws of the state of New  York]
    28  pursuant to section two of this chapter shall submit to the chief execu-
    29  tive  officer, the chief fiscal officer, the chairperson of the legisla-

    30  tive body of the local government or governments and the  entity  estab-
    31  lished  pursuant  to section twenty-seven of [the] chapter seven hundred
    32  sixty-six of the laws of two thousand five [which  added  this  subdivi-
    33  sion],  for  their information, annually not less than sixty days before
    34  the commencement of its fiscal  year,  in  the  form  submitted  to  its
    35  members  or  trustees,  budget  information  on  operations  and capital
    36  construction setting forth the estimated receipts and  expenditures  for
    37  the  next  fiscal  year  and  the  current  fiscal  year, and the actual
    38  receipts and expenditures for the last completed fiscal year.
    39    § 3. Subdivision 1 of section 2895 of the public authorities  law,  as
    40  added by chapter 766 of the laws of 2005, is amended to read as follows:

    41    1.  "Contracting  officer"  shall  mean  the  officer or employee of a
    42  public authority or local authority pursuant  to  section  two  of  this
    43  chapter  who shall be appointed by resolution of the board of the public
    44  or local authority to be responsible for the disposition of property.
    45    § 4. Section 2896 of the public authorities law, as added  by  chapter
    46  766 of the laws of 2005, is amended to read as follows:
    47    §  2896.  Duties  of  public and local authorities with respect to the
    48  disposal of property. 1. Every public and local authority, as defined in
    49  section two of this chapter, shall  adopt  by  resolution  comprehensive
    50  guidelines which shall (a) detail the public or local authority's opera-
    51  tive policy and instructions regarding the use, awarding, monitoring and

    52  reporting of contracts for the disposal of property, and (b) designate a
    53  contracting  officer  who  shall  be responsible for the public or local
    54  authority's compliance with, and enforcement of, such  guidelines.  Such
    55  guidelines  shall  be  consistent  with, and shall require the public or
    56  local authority's contracting activities to comply  with  this  section,

        S. 790                              3
 
     1  the  [authorities] authority's enabling legislation and any other appli-
     2  cable law for the disposal of property, except that such guidelines  may
     3  be  stricter than the provisions of this section, the authorities enabl-
     4  ing legislation and any other applicable law for the disposal of proper-
     5  ty  if  the  public  or local authority determines that additional safe-

     6  guards  are  necessary  to  assure  the  integrity  of  its  disposition
     7  activities.  Guidelines  approved by the public or local authority shall
     8  be annually reviewed and approved by the governing body of the public or
     9  local authority. On or before the thirty-first  day  of  March  in  each
    10  year,  the  public  or local authority shall file with the comptroller a
    11  copy of the guidelines most recently reviewed and approved by the public
    12  or local authority, including the name of the public or  local  authori-
    13  ty's  designated  contracting officer. At the time of filing such guide-
    14  lines with the comptroller, every public or local authority  shall  also
    15  post  such  guidelines  on  the  public  or  local  authority's internet

    16  website. If the local authority does not maintain its own website,  then
    17  the  guidelines  shall  be  posted  on the website of the locality which
    18  created such authority. Guidelines posted on the public or local author-
    19  ity's internet website shall be maintained  on  such  website  at  least
    20  until  the  procurement  guidelines for the following year are posted on
    21  such website.
    22    2. Each public or local authority shall:
    23    a. maintain adequate inventory controls and accountability systems for
    24  all property under its control;
    25    b. periodically inventory such property to  determine  which  property
    26  shall be disposed of;
    27    c. produce a written report of such property in accordance with subdi-
    28  vision three of this section;
    29    d.  transfer  or  dispose  of such property as promptly as possible in

    30  accordance with section twenty-eight hundred ninety-seven of this title.
    31    3. a. Each public or local authority shall publish, not less frequent-
    32  ly than annually, a report listing all real property of  the  public  or
    33  local  authority.    Such  report  shall  consist  of  a  list  and full
    34  description of all real and personal property disposed  of  during  such
    35  period.  The  report  shall  contain the price received by the public or
    36  local authority and the name of the purchaser for all such property sold
    37  by [the] such public or local authority during such period.
    38    b. The public authority shall deliver copies of  such  report  to  the
    39  comptroller,  the  director  of  the budget, the commissioner of general
    40  services, and the legislature.

    41    c. The local authority shall deliver copies  of  such  report  to  the
    42  comptroller, the chief executive officer of the locality, and the chair-
    43  person of the legislative body of the local government.
    44    §  5.  Section 2897 of the public authorities law, as added by chapter
    45  766 of the laws of 2005, is amended to read as follows:
    46    § 2897. Disposal of public or local authority property. 1. Supervision
    47  and direction.  Except  as  otherwise  provided  in  this  section,  the
    48  contracting  officer  designated by each public or local authority shall
    49  have supervision and direction over the disposition of property of  such
    50  public or local authority.
    51    2. Custody and control. (a) The custody and control of the property of
    52  a  public  authority,  pending its disposition, and the disposal of such

    53  property, shall be performed by the public authority in possession ther-
    54  eof or by the commissioner of general services when so authorized  under
    55  this section.

        S. 790                              4
 
     1    (b)  The  custody  and  control  of the property of a local authority,
     2  pending its disposition, and the disposal  of  such  property  shall  be
     3  performed by the local authority in possession thereof.
     4    3.  Method  of  disposition.  Subject  to section twenty-eight hundred
     5  ninety-six of this title, any public or local authority may  dispose  of
     6  property  for  not  less  than the fair market value of such property by
     7  sale, exchange, or transfer, for cash, credit, or other  property,  with
     8  or  without  warranty,  and  upon such other terms and conditions as the

     9  contracting officer deems proper, and it may execute such documents  for
    10  the  transfer of title or other interest in property and take such other
    11  action as it deems necessary or proper to dispose of such property under
    12  the provisions of this section. Provided, however, that  no  disposition
    13  of  real  property, any interest in real property, or any other property
    14  which because of its unique nature is not subject to fair market pricing
    15  shall be made unless an appraisal of the value of such property has been
    16  made by an independent appraiser and included in the record of the tran-
    17  saction.
    18    4. Sales by the commissioner of general services.  When  it  shall  be
    19  deemed advantageous to the state, any public authority may enter into an
    20  agreement  with  the  commissioner  of general services where under such
    21  commissioner may dispose of property  of  such  public  authority  under

    22  terms  and  conditions agreed to by the public authority and the commis-
    23  sioner of general services. In disposing  of  any  such  property  of  a
    24  public authority, the commissioner of general services shall be bound by
    25  the  terms of this title and references to the contracting officer shall
    26  be deemed to refer to such commissioner.
    27    5. Validity of deed, bill of sale, lease, or other instrument. A deed,
    28  bill of sale, lease, or other instrument executed by or on behalf of any
    29  public or local authority, purporting to transfer  title  or  any  other
    30  interest  in  property  of  a public or local authority under this title
    31  shall be conclusive evidence of compliance with the provisions  of  this
    32  title insofar as concerns title or other interest of any bona fide gran-
    33  tee or transferee who has given valuable consideration for such title or

    34  other  interest  and  has  not received actual or constructive notice of
    35  lack of such compliance prior to the closing.
    36    6. Bids for disposal; advertising; procedure; disposal by negotiation;
    37  explanatory statement. a. All disposals or  contracts  for  disposal  of
    38  property  of  a  public  or  local  authority  made or authorized by the
    39  contracting officer shall be made after publicly  advertising  for  bids
    40  except as provided in paragraph c of this subdivision.
    41    b.  Whenever public advertising for bids is required under paragraph a
    42  of this subdivision:
    43    (i) the advertisement for bids shall be made at such time prior to the
    44  disposal or contract, through such methods, and on such terms and condi-
    45  tions as shall permit full and  free  competition  consistent  with  the
    46  value and nature of the property;

    47    (ii) all bids shall be publicly disclosed at the time and place stated
    48  in the advertisement; and
    49    (iii)  the award shall be made with reasonable promptness by notice to
    50  the responsible bidder whose bid, conforming to the invitation for bids,
    51  will be most advantageous to the state or the locality, price and  other
    52  factors  considered;  provided, that all bids may be rejected when it is
    53  in the public interest to do so.
    54    c. Disposals and contracts for disposal of property may be  negotiated
    55  or  made  by public auction without regard to paragraphs a and b of this

        S. 790                              5
 
     1  subdivision but subject to obtaining such  competition  as  is  feasible
     2  under the circumstances, if:
     3    (i)  the personal property involved is of a nature and quantity which,

     4  if disposed of under paragraphs a  and  b  of  this  subdivision,  would
     5  aversely  affect  the  state  or local market for such property, and the
     6  estimated fair market value of  such  property  and  other  satisfactory
     7  terms of disposal can be obtained by negotiation;
     8    (ii)  the  fair  market  value of the property does not exceed fifteen
     9  thousand dollars;
    10    (iii) bid prices after advertising therefor are not reasonable, either
    11  as to all or some part of the property, or have not  been  independently
    12  arrived at in open competition;
    13    (iv)  the  disposal will be to the state or any political subdivision,
    14  and the estimated fair market value of the property and other  satisfac-
    15  tory terms of disposal are obtained by negotiation;
    16    (v)  the disposal is for an amount less than the estimated fair market
    17  value of the property, the terms of such disposal are obtained by public

    18  auction or negotiation, the disposal of  the  property  is  intended  to
    19  further  the public health, safety or welfare or an economic development
    20  interest of the state or a political subdivision  (to  include  but  not
    21  limited  to,  the  prevention  or remediation of a substantial threat to
    22  public health or safety, the creation  or  retention  of  a  substantial
    23  number  of job opportunities, or the creation or retention of a substan-
    24  tial source of revenues, or where the authority's  enabling  legislation
    25  permits),  the  purpose and the terms of such disposal are documented in
    26  writing and approved by resolution of the board of the public authority;
    27  or
    28    (vi) such action is otherwise authorized by law.
    29    d. (i) An explanatory statement shall be prepared of the circumstances
    30  of each disposal by negotiation of:

    31    (A) any personal property which has an estimated fair market value  in
    32  excess of fifteen thousand dollars;
    33    (B)  any  real  property  that  has  an estimated fair market value in
    34  excess of one hundred thousand dollars, except that  any  real  property
    35  disposed  of  by  lease or exchange shall only be subject to clauses (C)
    36  through (E) of this subparagraph;
    37    (C) any real property disposed of by lease for a term of five years or
    38  less, if the estimated fair annual rent is  in  excess  of  one  hundred
    39  thousand dollars for any of such years;
    40    (D)  any  real  property  disposed of by lease for a term of more than
    41  five years, if the total estimated rent over the term of the lease is in
    42  excess of one hundred thousand dollars; or
    43    (E) any real property or real and related personal  property  disposed
    44  of  by  exchange,  regardless  of value, or any property any part of the

    45  consideration for which is real property.
    46    (ii) Each such statement shall be transmitted to the persons  entitled
    47  to  receive  copies  of  the  report required under section twenty-eight
    48  hundred ninety-six of this title not less than ninety days in advance of
    49  such disposal, and a copy thereof shall be preserved in the files of the
    50  public or local authority making such disposal.
    51    § 6. Section 51 of the executive law, as added by chapter 766  of  the
    52  laws of 2005, is amended to read as follows:
    53    §  51.  Jurisdiction.  This  article shall, subject to the limitations
    54  contained herein, confer upon the office of the state inspector general,
    55  jurisdiction over all covered agencies. For the purposes of this article
    56  "covered agency" shall include all executive  branch  agencies,  depart-

        S. 790                              6
 

     1  ments,  divisions,  officers,  boards  and commissions, public and local
     2  authorities, as defined in section two of  the  public  authorities  law
     3  (other than multi-state or multi-national authorities), and public bene-
     4  fit  corporations,  the heads of which are appointed by the governor and
     5  which do not have their own inspector general by statute.    Wherever  a
     6  covered  agency  is  a  board,  commission, a public authority or public
     7  benefit corporation, the head of the agency is the chairperson thereof.
     8    § 7. Subdivision 3 of section 86 of the public officers law, as  added
     9  by chapter 933 of the laws of 1977, is amended to read as follows:
    10    3.  "Agency"  means  any state or municipal department, board, bureau,
    11  division, commission, committee, public or local authority  (as  defined

    12  in section two of the public authorities law), public corporation, coun-
    13  cil,  office  or  other governmental entity performing a governmental or
    14  proprietary function for the state or any  one  or  more  municipalities
    15  thereof, except the judiciary or the state legislature.
    16    §  8.  Subdivision  2  of  section  102 of the public officers law, as
    17  amended by chapter 704 of the laws of 1979 and such  section  as  renum-
    18  bered by chapter 652 of the laws of 1983, is amended to read as follows:
    19    2.  "Public  body" means any entity, for which a quorum is required in
    20  order to conduct public business and  which  consists  of  two  or  more
    21  members,  performing  a  governmental  function  for the state or for an
    22  agency or department thereof, or for a public corporation as defined  in
    23  section  sixty-six of the general construction law, or a local authority

    24  as defined by section two of the public authorities law, or committee or
    25  subcommittee or other similar body of such public body.
    26    § 9. This act shall take effect on the one hundred twentieth day after
    27  it shall have become a law; provided, however, that effective immediate-
    28  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    29  necessary  for  the implementation of this act on its effective date are
    30  authorized and directed to be made  and  completed  on  or  before  such
    31  effective date.
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