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S4451Senate2011-2012 Session

Relates to the powers, duties and activities of the authority budget office and clarifies entities subject to the authority of that office; repealer

Sponsor Michael H. RanzenhoferSD-61Affects Economy
Status
In Senate Committee
Corporations, Authorities And Commissions
Impact
Pending
Passage
Pending

Bill progress

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In committee · Corporations, Authorities And Commissions

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Sponsors

Primary sponsor
Michael H. Ranzenhofer

Senator · Senate District 61

Chair, Corporations, Authorities And Commissions

No co-sponsors yet.

History

  1. Print number 4451b
  2. Amend and recommit to corporations, authorities and commissions
  3. Referred to corporations, authorities and commissions
  4. Print number 4451a
  5. Amend (t) and recommit to corporations, authorities and commissions
  6. Referred to corporations, authorities and commissions

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4451B

Title of bill

An act to amend the public authorities law, the general municipal law and the not-for-profit corporation law, in relation to the powers, duties and activities of the authority budget office and to clarify entities subject to the authority of that office; and to repeal subdivision 3 of section 2801 and section 2806 of the public authorities law relating thereto

Summary of specific provisions

Specifically, this bill makes the following changes:

Read the full memo (758 words)

-Amends definition of local authority to assure that certain LDCs receiving public funds and performing public functions would be subject to reporting.

-Amends Section 5 of Title 2 establishing the Authorities Budget Office (ABO) to allow the director of the ABO to hire employees and fix their compensation.

-Provides for the reviewing of local authorities, their filings as required by PARA, public contracts and other related expenditures.

-Creates the ABO board of directors to oversee the ABO.

-Amends subdivisions 1 and 2 of Section 2800 of the Public Authorities Law to clarify that reports are to be filed with the ABO, to allow static information to be posted on the website of a public authority rather than submitted annually in PARIS, to remove references to Section 2806 which should be repealed and to make other technical changes to conform to current PARIS data fields.

-Repeals subdivision 3 of Section 2801 of the Public Authorities law and amends subdivisions 1 and 2 to require submission of an adopted six year budget in a manner and form prescribed by the ABO no later than thirty days prior to the start of a public authority's fiscal year. Subdivision 3 is repealed because the budget is required before the end of the fiscal year and would not be included in a report filed at the end of the year.

-Amends subdivisions 2 and 7 of Section 2802 of the Public Authorities Law by requiring local authorities to submit an audit report; however, authorities, both state or local, can withhold information covered by subdivision 2 of section 87 of the public officers law.

-Repeals section 2806 of the Public Authorities Law requiring the filing of annual personnel reports by January 15.

-Amends subdivision 2 of Section 2825 of the Public Authorities law to be clear that ex officio local authority board members are considered to be independent in the same way as ex officio state directors.

-Amends Section 2879 of the Public Authorities law to require procurement reports be submitted to the ABO within 90 days of the end of the fiscal year. This would apply to both state and local authorities. Current law only requires state authorities to submit a report annually.

-Amends Section 2827 of the Public Authorities law to allow the ABO to make recommendations as to which officers should be removed. Amends subdivision 3 of section 2896 of the Public Authorities Law to be clear that property reports are to be filed within 90 days of the end of the fiscal year as part of the annual report required under section 2800.

-Amends subdivision 7 of Section 2925 of the Public Authorities Law to require the filing of annual investment reports with the ABO within 90 days of the end of the fiscal year.

-Amends subdivision 2 of section 561-a of the General Municipal law to clarify that urban renewal agencies must submit an annual financial report and audit to the ABO.

-Amends various provisions of the General Municipal Law to conform financial reporting by industrial development agencies to Public Authorities Law.

-Amends paragraph (a) of section 1411 of the Not-For-Profit Corporation Law to make clear that certain local development corporations incorporated under section 1411 are public authorities, as defined in Public Authorities Law, for purposes of reporting.

Justification

These statutory changes are made at the suggestion of the Authorities Budget Office, whose role was defined in the groundbreaking Public Authorities Reform Act (PARA) of 2009. The ABO seeks to operate efficiently and seeks to codify all of the reporting requirements as mandated by PARA. The passage of this bill will not only make it easier for the ABO to obtain reporting data for the over 700 public authorities in New York State, but it will also clarify the law so that certain authorities who may have been uncertain about whether they are legally mandated to comply with PARA will now have those questions resolved.

Prior legislative history

2010: A.11223A - Passed the Assembly. 2011: S.4451A/A.6144A -- CORPS/Corps

Fiscal implications to state and local government

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.