S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7888

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2011
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in  relation  to  the  defi-
  nition of local authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 2 of the public  authorities  law,
as  added  by  chapter  766  of  the laws of 2005, is amended to read as
follows:
  2. "local authority" shall mean (a) a public authority or public bene-
fit corporation created by or existing under this chapter or  any  other
law of the state of New York whose members do not hold a civil office of
the  state,  are  not  appointed by the governor or are appointed by the
governor specifically upon the recommendation of the local government or
governments; (b) a not-for-profit corporation affiliated with, sponsored
by, or created by a county, city, town or village government OR A  LOCAL
PUBLIC AUTHORITY; (c) a local industrial developmental agency or author-
ity or other local public benefit corporation; [or] (d) A LOCAL DEVELOP-
MENT CORPORATION INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEV-
EN  OF THE NOT-FOR-PROFIT CORPORATION LAW THAT (I) HAS ONE OR MORE BOARD
MEMBERS APPOINTED BY A COUNTY, CITY, TOWN OR  VILLAGE  GOVERNMENT  OR  A
PUBLIC  AUTHORITY, OR HAS ONE OR MORE BOARD MEMBERS THAT SERVE BY VIRTUE
OF HOLDING A CIVIL OFFICE OF A MUNICIPAL GOVERNMENT; (II) HAS ISSUED  OR
HAS  THE  AUTHORITY TO ISSUE TAX EXEMPT DEBT; (III) ACCEPTS, ADMINISTERS
OR MANAGES PUBLIC FUNDS OR FINANCIAL ASSISTANCE; (IV) PROVIDES OR GRANTS
STATE OR MUNICIPAL TAX EXEMPTIONS; OR  (V)  RELIES  ON  STATE  OR  LOCAL
GOVERNMENT  EMPLOYEES  OR STAFF OF A PUBLIC AUTHORITY FOR ADMINISTRATIVE
OR OPERATIONAL SUPPORT; (E) A  TYPE  C  NOT-FOR-PROFIT  CORPORATION,  AS
DEFINED BY SECTION TWO HUNDRED ONE OF THE NOT-FOR-PROFIT CORPORATION LAW
THAT  (I)  SUPPORTS, MANAGES, MARKETS, FUNDS, OR IMPLEMENTS PROGRAMS AND
PROJECTS, OR ACQUIRES PUBLIC PROPERTY FOR THE PURPOSE  OF  PROMOTING  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11702-02-1
              

A. 7888                             2

ACHIEVING  ECONOMIC  OR  INDUSTRIAL  DEVELOPMENT,  JOB  CREATION, OR JOB
RETENTION; (II) RELIES IN WHOLE OR IN PART ON LOAN REPAYMENTS OR PROJECT
REVENUE FOR ITS OPERATIONS; (III) HAS THE AUTHORITY TO ISSUE TAX  EXEMPT
DEBT;  (IV) APPROVES OR MAKES RECOMMENDATIONS FOR THE APPROVAL OF PUBLIC
FINANCIAL ASSISTANCE, INCLUDING PROVIDING LOANS FROM  A  REVOLVING  LOAN
FUND  FINANCED, IN WHOLE OR IN PART, BY FEDERAL, STATE, OR LOCAL GOVERN-
MENT FUNDS; OR (V) RELIES ON STATE  OR  LOCAL  GOVERNMENT  EMPLOYEES  OR
STAFF  OF  A PUBLIC AUTHORITY FOR ADMINISTRATIVE OR OPERATIONAL SUPPORT;
OR (F) an affiliate of [such] A local authority.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.