NY State Senate Bill 2017-S1526

Archive: Last 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2018	reported and committed to finance
Jan 03, 2018	referred to corporations, authorities and commissions
Jan 10, 2017	referred to corporations, authorities and commissions

Votes

- May 15, 2018 - Corporations, Authorities And Commissions Committee Vote
  S1526
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 15, 2018
      
      aye (5)
      
      Alcantara
      
      Comrie
      
      Larkin
      
      Ortt
      
      Ranzenhofer
      
      aye wr (2)
      
      Amedore
      
      Kavanagh

2017-S1526 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Public Authorities Law
Laws Affected:: Amd §2897, Pub Auth L; add §33-a, amd §3, Pub Lds L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5908
2013-2014: S446
2015-2016: S897
2019-2020: S2759
2021-2022: S3151
2023-2024: S1104

2017-S1526 (ACTIVE) - Summary

Relates to the sale or transfer of certain real property by the state or public authorities; requires mandatory review by the attorney general and comptroller of the sale of certain real property; requires notice to members of the legislature and county executives in districts and counties in which land subject to transfer is located of the proposed transfer of state property between state departments, divisions, bureaus, agencies, state agencies, or to a public authority or public benefit corporation.

2017-S1526 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1526

 TITLE OF BILL :

An act to amend the public authorities law and the public lands law,
in relation to the sale or transfer of certain real property by the
state or public authorities

 PURPOSE OR GENERAL IDEA OF BILL :

The legislation amends the public authorities law and public lands law
by mandating review and approval by the attorney general and the
comptroller of all proposed sales of real property by the state or
public authorities to private entities with an estimated fair market
value in excess of $250,000. The bill also requires review and
approval from members of legislature in affected areas prior to the
transfer of state land to a public authority or public benefit
corporation.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Section 2897 of the public authority's
law by adding a new subdivision 8 which will require the prior review
and approval by the comptroller and the attorney general of all
negotiated contracts for the disposal of real property with an
estimated fair market value in excess of two hundred and fifty

thousand dollars to a private entity. The bill requires that language
informing parties of the mandated review and approval must be included
in the contract. This section also sets forth that the comptroller and
attorney general must either approve or disapprove within 90 days of
submission to their respective offices otherwise the contract becomes
valid and enforceable without such approval.

Section 2 of the bill amends the public lands law by adding a new
section 33-a which will require the prior review and approval of the
comptroller and the attorney general of all private sale contracts
where a public sale is not otherwise required and the estimated fair
market value is in excess of two hundred and fifty thousand dollars.
The bill requires that language informing parties of the mandated
review and approval must be included in the contract. This section
also sets forth that the comptroller and attorney general must either
approve or disapprove within 90 days of submission to their respective
offices otherwise the contract becomes valid and enforceable without
such approval. The provisions of this section will also supersede
other statutes governing disposal of state lands which are
inconsistent with this section.

Section 3 of the bill amends subdivision 4 of section 3 of the public
lands law, as amended by chapter 785 of the laws of 1982, by
renumbering and adding a new subdivision 4 c that requires notice to
Senators and Members of the Assembly in whose districts the proposed
sale is to take place prior to the transfer of land from the state to
a public authority or public benefit corporation. State Legislators
have 30 days within which to provide written notice of objection to
the transfer with the Commissioner of General Services. The Director
of Budget and the Secretary of State shall review all objections and
make a final decision to affirm or reverse the proposed transfer
within 6 months of the notice of objection.

Section 4 of the bill provides for this act to take effect on the
ninetieth day after it becomes law.

 JUSTIFICATION :



Public authorities are given wide latitude in the management of
publicly owned real property and as a result have an important fiscal
and fiduciary responsibility to the taxpayers of this state.

Therefore, it is important that a detailed review be completed by both
the attorney general and the comptroller prior to any sale of real
property by a public authority, or by the state (when a public sale is
not required) to a private entity valued in excess of $250,000.

It is equally important that legislators be given notice and the
opportunity to object to transfers of state owned land to public
authorities or public benefit corporations that affect their
constituencies.

Principles of good government, including transparency and
accountability, call out for such notice and review provisions to
ensure that the taxpayers' interests are being protected.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: S.897-A/A.10649 (Galef)
2013-2014: S446 (Avella)
2011-2012: S.5908 (Avella)

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S1526 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1526
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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 and the public lands law, in
   relation to the sale or transfer of certain real property by the state
   or public authorities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 2897 of the public authorities law is amended by
 adding a new subdivision 8 to read as follows:
   8. COMPTROLLER AND ATTORNEY GENERAL APPROVAL OF CONTRACTS. A.  NEGOTI-
 ATED CONTRACTS FOR THE DISPOSAL OF REAL PROPERTY WITH AN ESTIMATED  FAIR
 MARKET  VALUE  IN  EXCESS  OF  TWO  HUNDRED  FIFTY THOUSAND DOLLARS TO A
 PRIVATE ENTITY SHALL REQUIRE SUPERVISION IN THE FORM OF PRIOR REVIEW AND
 APPROVAL OF SUCH CONTRACTS AND ANY SUCH CONTRACT ENTERED INTO  SHALL  BE
 SUBMITTED TO THE COMPTROLLER AND THE ATTORNEY GENERAL FOR THEIR APPROVAL
 AND SHALL NOT BE A VALID ENFORCEABLE CONTRACT UNLESS IT SHALL FIRST HAVE
 BEEN  SO  APPROVED.  THE  COMPTROLLER, IN CONSULTATION WITH THE ATTORNEY
 GENERAL, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY
 TO CARRY OUT THEIR RESPONSIBILITIES UNDER THIS  SECTION,  INCLUDING  BUT
 NOT  LIMITED  TO  THE  STANDARDS FOR APPROVING CONTRACTS SUBJECT TO THIS
 SUBDIVISION.
   B. WHERE A CONTRACT IS SUBJECT TO MANDATORY REVIEW BY THE  COMPTROLLER
 AND  THE  ATTORNEY  GENERAL PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
 THE VENDOR PUBLIC AUTHORITY SHALL INCLUDE OR CAUSE  TO  BE  INCLUDED  IN
 EACH  SUCH  CONTRACT  A  PROVISION  INFORMING  THE OTHER PARTY THAT SUCH
 CONTRACT IS SUBJECT TO THE  COMPTROLLER'S  AND  THE  ATTORNEY  GENERAL'S
 APPROVAL PURSUANT TO THIS SUBDIVISION AND THE COMPTROLLER'S AUTHORITY TO
 SUPERVISE  THE  ACCOUNTS  OF PUBLIC CORPORATIONS. IF THE COMPTROLLER AND
 THE ATTORNEY GENERAL HAVE  NOT  APPROVED  OR  DISAPPROVED  ANY  CONTRACT
 SUBJECT  TO  HIS OR HER APPROVAL WITHIN NINETY DAYS OF SUBMISSION TO HIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00620-01-7

 S. 1526                             2
 
 OR HER OFFICE, SUCH CONTRACT SHALL BECOME VALID AND ENFORCEABLE  WITHOUT
 SUCH APPROVAL.
   §  2.  The public lands law is amended by adding a new section 33-a to
 read as follows:
   § 33-A. COMPTROLLER AND ATTORNEY  GENERAL  APPROVAL  OF  PRIVATE  SALE
 CONTRACTS.  1. TO THE EXTENT A PUBLIC SALE IS NOT REQUIRED AND A NEGOTI-
 ATED CONTRACT FOR THE DISPOSAL OF UNAPPROPRIATED  STATE  LANDS  WITH  AN
 ESTIMATED FAIR MARKET VALUE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS TO
 A  PRIVATE ENTITY IS DEEMED AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE
 OR ANY OTHER PROVISION OF  LAW,  RULE  OR  REGULATION,  SUCH  NEGOTIATED
 CONTRACT  SHALL  REQUIRE  SUPERVISION  IN  THE  FORM OF PRIOR REVIEW AND
 APPROVAL OF SUCH CONTRACT AND ANY SUCH CONTRACT ENTERED  INTO  SHALL  BE
 SUBMITTED TO THE COMPTROLLER AND THE ATTORNEY GENERAL FOR THEIR APPROVAL
 AND  SHALL  NOT  BE A VALID ENFORCEABLE   CONTRACT UNLESS IT SHALL FIRST
 HAVE BEEN SO APPROVED. THE COMPTROLLER, IN CONSULTATION WITH THE  ATTOR-
 NEY  GENERAL,  SHALL  PROMULGATE  SUCH  RULES  AND REGULATIONS AS MAY BE
 NECESSARY TO  CARRY  OUT  THEIR  RESPONSIBILITIES  UNDER  THIS  SECTION,
 INCLUDING  BUT  NOT  LIMITED  TO  THE  STANDARDS FOR APPROVING CONTRACTS
 SUBJECT TO THIS SUBDIVISION.
   2. WHERE A CONTRACT IS SUBJECT TO MANDATORY REVIEW BY THE  COMPTROLLER
 AND  THE  ATTORNEY  GENERAL PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 THE VENDOR SHALL INCLUDE OR CAUSE TO BE INCLUDED IN EACH SUCH CONTRACT A
 PROVISION INFORMING THE OTHER PARTY THAT SUCH CONTRACT IS SUBJECT TO THE
 COMPTROLLER'S AND THE  ATTORNEY  GENERAL'S  APPROVAL  PURSUANT  TO  THIS
 SECTION.  IF  THE COMPTROLLER AND THE ATTORNEY GENERAL HAVE NOT APPROVED
 OR DISAPPROVED ANY CONTRACT SUBJECT TO HIS OR HER APPROVAL WITHIN NINETY
 DAYS OF SUBMISSION TO HIS   OR HER OFFICE, SUCH  CONTRACT  SHALL  BECOME
 VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL.
   3.  THE  PROVISIONS OF THIS SECTION SHALL BE EFFECTIVE NOTWITHSTANDING
 THE PROVISIONS OF ANY OTHER GENERAL  OR  SPECIAL  LAW  RELATING  TO  THE
 DISPOSAL  OF LANDS BELONGING TO THE STATE, AND ANY SUCH STATUTE OR PARTS
 THEREOF RELATING TO SUCH DISPOSAL OF STATE LANDS  INSOFAR  AS  THEY  ARE
 INCONSISTENT WITH THE PROVISIONS OF THIS SECTION ARE HEREBY SUPERSEDED.
   § 3. Subdivision 4 of section 3 of the public lands law, as amended by
 chapter 785 of the laws of 1982, is amended to read as follows:
   4.  A.  Notwithstanding  any  other provision of this chapter or other
 statute, the commissioner of general services, upon the  application  of
 any  state  department, or a division, bureau or agency thereof, or upon
 the application of any state agency, may transfer to such state  depart-
 ment,  division,  bureau,  or  agency, or state agency, the jurisdiction
 over any lands, including lands under water, abandoned canal  lands  and
 salt  springs  reservation  land,  upon such terms and conditions as the
 commissioner may deem just and  proper  and  upon  the  consent  of  the
 department,  or a division, bureau or agency thereof, or any state agen-
 cy, already having jurisdiction over such lands and notwithstanding  any
 other provision of this chapter or other statute, authority to give such
 consent  is hereby conferred upon the head of any such state department,
 or a division, bureau or agency thereof, or any state agency;  provided,
 however,  that  if  the commissioner of general services determines that
 any such land under the jurisdiction of any state department, or a divi-
 sion, bureau or agency thereof, or any state agency other than a  public
 authority  or  public  benefit  corporation  is under utilized or is not
 being utilized in a manner consistent with the  best  interests  of  the
 state,  such  commissioner may on his OR HER own initiative, and without
 the application or consent referred to above but subject to  the  proce-
 dure  and review provided in section two-a of this article, transfer the

 S. 1526                             3
 
 jurisdiction over such land to any other state department,  or  a  divi-
 sion,  bureau  or agency thereof, or any other state agency other than a
 public authority or public benefit corporation.
   B.  Should such land be under the jurisdiction of the office of mental
 health or the office of mental retardation and  developmental  disabili-
 ties  upon  which  a  community residential facility for the disabled as
 defined in section 41.34 of the mental hygiene law exists,  the  commis-
 sioner of general services shall, prior to transferring the jurisdiction
 over  such  land to any other state department, or a division, bureau or
 agency thereof, or any other state agency other than a public  authority
 or public benefit corporation offer such land for sale at public auction
 pursuant  to  section  thirty-three  of this chapter; provided, however,
 that the provisions of section four hundred six of  the  eminent  domain
 procedure law shall apply to such property.
   C.  NO TRANSFER OF LAND, AS DESCRIBED IN THIS SUBDIVISION, OR GRANT OR
 CONVEYANCE  OF  LAND TO A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION
 SHALL BE DEEMED VALID UNLESS NOTICE  IS  PROVIDED  IN  WRITING  TO  EACH
 MEMBER  OF  THE  LEGISLATURE  IN  WHOSE DISTRICT ANY PORTION OF THE LAND
 SUBJECT TO THE PROPOSED TRANSFER IS LOCATED.  SUCH NOTICE SHALL  PROVIDE
 A DESCRIPTION OF THE LAND, IDENTIFICATION OF THE PROPOSED TRANSFEROR AND
 TRANSFEREE  STATE DEPARTMENTS, DIVISIONS, BUREAUS, AGENCIES, STATE AGEN-
 CIES, PUBLIC AUTHORITIES OR PUBLIC BENEFIT CORPORATIONS  AND  THE  TERMS
 AND  CONDITIONS OF THE PROPOSED TRANSFER. UNLESS WITHIN THIRTY DAYS FROM
 THE DATE SUCH NOTICE IS GIVEN, A MEMBER OF THE LEGISLATURE  ENTITLED  TO
 NOTICE  PURSUANT  TO THIS PARAGRAPH OBJECTS TO SUCH PROPOSED ACTION, THE
 COMMISSIONER OF GENERAL SERVICES MAY EFFECT SUCH TRANSFER  OF  JURISDIC-
 TION.  IF  WITHIN  THIRTY DAYS OF THE GIVING OF SUCH NOTICE, A MEMBER OF
 THE LEGISLATURE ENTITLED TO NOTICE PURSUANT TO THIS PARAGRAPH OBJECTS TO
 THE ACTION PROPOSED BY THE COMMISSIONER OF GENERAL  SERVICES  BY  FILING
 NOTICE  TO  SUCH  EFFECT WITH THE COMMISSIONER OF GENERAL SERVICES, SUCH
 PROPOSED ACTION SHALL BE REVIEWED BY THE DIRECTOR OF THE BUDGET AND  THE
 SECRETARY  OF STATE. THEY SHALL AFFIRM OR REVERSE THE PROPOSED ACTION BY
 THE COMMISSIONER AND THAT DECISION SHALL BE FINAL. IF  THEY  AFFIRM  THE
 PROPOSED  ACTION  OR FAIL TO RENDER A DETERMINATION WITHIN SIX MONTHS OF
 THE DATE OF THE NOTICE,  THE  COMMISSIONER  MAY  THEREUPON  EFFECT  SUCH
 TRANSFER.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S1526

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 15, 2018 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: May 15, 2018

2017-S1526 (ACTIVE) - Details

2017-S1526 (ACTIVE) - Summary

2017-S1526 (ACTIVE) - Sponsor Memo

2017-S1526 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1526

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S1526 (ACTIVE) - Details

2017-S1526 (ACTIVE) - Summary

2017-S1526 (ACTIVE) - Sponsor Memo

2017-S1526 (ACTIVE) - Bill Text download pdf

Comments