Repeals certain provisions of law relating to the Sleepy Hollow parking authority and the Western Finger Lakes solid waste management authority

BILL NUMBER:S5141

Title of bill

An act to repeal certain provisions of the public authorities law relating to certain authorities; and to transfer any books, records and remaining rights of any dissolved authority to an identifiable location

Purpose

This bill would repeal the statutory authorization for public authorities that have ceased operations, or have dissolved by operation of law and vest their records, property, rights, titles and interest, and all obligations and liabilities in the municipality in whose interest such authorities were created.

Summary of provisions

Section 1 of the bill sets forth the legislative intent of the bill.

Section 2 of the bill would repeal PAL Article 7, Title 18-A, establishing the Sleepy Hollow Parking Authority.

Section 2-a of the bill would provide that any existing records, property, rights, title and interest of such agency would vest in and be possessed by the Village of Sleepy Hollow.

Section 3 of the bill would repeal PAL Article 8, Title 30, establishing the Western Finger Lakes Solid Waste management Authority.

Section 3-a of the bill would provide that any existing records, property, rights, title and interest of such agency would be disposed of as shall be agreed to by all participating counties of the authority.

Section 4 of the bill provides a separability clause.

Section 5 of the bill would make it effective 60 days after it becomes a law.

Legislative history

New Bill.

Justification

Chapter 374 of the Laws of 2012 dissolved 28 inactive and otherwise defunct state and local authorities that no longer served the public purpose for which they were created. The authorities proposed for dissolution in this bill either should have been included in Chapter 374 or have been identified as inactive since its enactment.

Public Authority Dissolution

This bill would repeal the statutory authorization for certain authorities which are either defunct or which were never ultimately established by local law. The authorities listed in this bill have

been determined inactive by the Authorities Budget Office, based on consultation with the affected local government. Although these authorities no longer function, their authorization continues in State Law. This bill would repeal various sections of the Public Authorities Law, to formally dissolve those authorities that are no longer actively engaged in the public purpose for which they were established. None of these authorities has any outstanding debt or other obligations.

This bill would advance the State's effort to maintain an accurate inventory of authorities in the State. It would update state law to reflect the fact that certain authorities have, as a practical matter, ceased to exist. By eliminating defunct authorities, this bill would ensure that if a local government wishes once again to use an authority for such a purpose, it must obtain new legislation at the state level authorizing such use. This bill would thus promote the State's interest in curbing the proliferation of unnecessary authorities.

Fiscal implications

None for the State. The entities formally dissolved by this bill have no outstanding debt, so there are no fiscal implications for bondholders.

Effective date

This bill would take effect 60 days after it becomes a law