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A4253Assembly2017-2018 SessionSame asS4046

Expand Loan Fund Transparency

Official title

“Relates to the administration of the regional revolving loan fund program”

Sponsor Fred ThieleAD-1Affects Economy
Status
Signed by Governor
Impact
3/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill expands reporting requirements and online transparency for New York’s regional revolving loan programs, including administration and use of repaid funds.

Why it matters

  1. Increases accountability. by requiring detailed annual reports from lending organizations, including specifics on loan numbers, funds used, loan purposes, job creation/retention, economic impact, and the financial status of each loan—giving policymakers and the public a clearer view into how funds are actually being used.

  2. Mandates online publication of reports. , ensuring that this information is not only sent to government officials but also made easily accessible to the public. This addresses long-standing concerns about transparency in local economic development initiatives.

  3. Clarifies oversight of repaid funds. by explicitly authorizing the corporation to enter into agreements about the administration and use of recovered loans and ensuring that these funds continue to be used for their originally intended economic development purposes, rather than being diverted elsewhere.

  4. Protects existing agreements. by specifying that all contracts, loans, and obligations made before the law’s effective date will remain under their original terms, reducing legal uncertainty for current participants and lenders.

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Who cares

Headline styles

Expand Loan Fund Transparency

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Fred Thiele

Assembly Member · Assembly District 1

No co-sponsors yet.

History

  1. Approval memo.45
  2. Signed chap.474
  3. Delivered to governor
  4. Returned to assembly
  5. Passed senateVote 63–0
  6. 3rd reading cal.1293
  7. Substituted for S4046
  8. Referred to corporations, authorities and commissions
  9. Delivered to senate
  10. Passed assembly
  11. Advanced to third reading cal.340
  12. Reported
Show 2 earlier actions
  1. Reported referred to ways and means
  2. Referred to small business

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S4046Senate

Expand Loan Fund Oversight

Senate Floor Calendar · Sponsor Kenneth P. LaValle

Impact 3 · Low0% to pass

Full text

4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 4046 A. 4253

2017-2018 Regular Sessions

SENATE - ASSEMBLY

February 2, 2017

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Small Business

AN ACT to amend the New York state urban development corporation act, in relation to the regional revolving loan program

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 16-a of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new subdivision 3-a to read as follows:

(3-a) Notwithstanding subdivision three of this section, where applicable, the corporation is authorized to enter into agreements as may be necessary for the administration and reporting of funds repaid, received, expended or collected in a manner consistent with the provisions in section sixteen-t of this act. The use of such funds by the corporation shall be consistent with the terms, conditions and restrictions set forth in subdivision four of this section, to provide financial assistance to eligible regional corporations as defined in subdivision eighteen of section three of this act. Outstanding expenses, loans and other obligations executed prior to the effective date of this subdivision shall be subject to the terms and conditions of the original contract or contracts.

§ 2. Subdivision 20 of section 16-a of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as amended by chapter 524 of the laws of 2005, is amended to read as follows:

(20) Reporting. (a) The lending organization shall submit to the corporation annual reports stating: the number of program loans made;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04124-01-7

S. 4046 2 A. 4253

the amount of program funding used for loans; the use of loan proceeds by the borrower; the number of jobs created or retained; a description of the economic development generated; the status of each outstanding program loan, including fund balance; and such other information as the corporation may require.

(b) The corporation shall, on or before October 1, 1988 and on or before each October first thereafter, submit a report to the governor and the legislature on the operations and accomplishments of the regional revolving loan program. Such report shall include a summary of the information contained in the reports submitted pursuant to subdivision sixteen of this section and of the results of the audits performed by the corporation pursuant to subdivision nineteen of this section, and shall set forth the status of the regional revolving loan program for the previous fiscal year, including grants to the regional corporations, earnings and account balances as reported to the corporation. The report to be submitted on October 1, 2005 and on or before each October first thereafter shall be consolidated with the annual program report of the corporation required under the provisions of subdivision (b) of section thirty of this act, as amended.

(c) Beginning January 1, 2018, notwithstanding any law to the contrary, the corporation shall publish on its website annual reports required under paragraphs (a) and (b) of this subdivision.

§ 3. Subdivision 2 of section 16-c of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new paragraph (i) to read as follows:

(i) Notwithstanding any other provisions of this subdivision, where applicable, the corporation is authorized to enter into agreements as may be necessary for the administration and reporting of funds repaid, received, expended or collected in a manner consistent with the provisions in section sixteen-t of this act. The use of such funds by the corporation shall be consistent with the terms, conditions and restrictions set forth under this subdivision, to provide financial assistance to eligible businesses as defined in subdivisions three and five of section two hundred ten of the economic development law. Outstanding expenses, loans and other obligations executed prior to the effective date of this paragraph shall be subject to the terms and conditions of the original contract or contracts.

(i) The lending organization shall submit to the corporation annual reports stating: the number of program loans made; the amount of program funding used for loans; the use of loan proceeds by the borrower; the number of jobs created or retained; a description of the economic development generated; the status of each outstanding program loan, including fund balance; and such other information as the corporation may require.

(ii) Beginning January 1, 2018, notwithstanding any law to the contrary, the corporation shall publish on its website annual reports required under subparagraph (i) of this paragraph.

§ 4. Subdivision 3 of section 16-c of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, is amended by adding two new paragraphs (d) and (e) to read as follows:

(d) Notwithstanding any other provisions of this subdivision, where applicable, the corporation is authorized to enter into agreements as may be necessary for the administration and reporting of funds repaid, received, expended or collected in a manner consistent with the provisions in section sixteen-t of this act. The use of such funds by the corporation shall be consistent with the terms, conditions and

S. 4046 3 A. 4253

restrictions set forth under this subdivision, to provide financial assistance to eligible businesses as defined in subdivisions three and five of section two hundred ten of the economic development law. Outstanding expenses, loans and other obligations executed prior to the effective date of this paragraph shall be subject to the terms and conditions of the original contract or contracts.

(e)(i) The lending organization shall submit to the corporation annual reports stating: the number of program loans made; the amount of program funding used for loans; the use of loan proceeds by the borrower; the number of jobs created or retained; a description of the economic development generated; the status of each outstanding program loan, including fund balance; and such other information as the corporation may require.

(ii) Beginning January 1, 2018, notwithstanding any law to the contrary, the corporation shall publish on its website annual reports required under subparagraph (i) of this paragraph.

§ 5. Subdivision 8 of section 16-d of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding two new paragraphs (g-1) and (k-1) to read as follows:

(g-1) Notwithstanding any other provision in this subdivision, where applicable, the corporation is authorized to enter into agreements as may be necessary for the administration and reporting of funds repaid, received, expended or collected in a manner consistent with the provisions in section sixteen-t of this act. The use of such funds by the corporation shall be consistent with the terms, conditions and restrictions set forth in this section, to provide financial assistance to eligible entities as designated under this subdivision. Outstanding expenses, loans and other obligations executed prior to the effective date of this paragraph shall be subject to the terms and conditions of the original contract or contracts.

(k-1) Notwithstanding any other provision in this subdivision, where applicable, the corporation is authorized to enter into agreements as may be necessary for the administration and reporting of funds repaid, received, expended or collected in a manner consistent with the provisions in section sixteen-t of this act. The use of such funds by the corporation shall be consistent with the terms, conditions and restrictions set forth in this section, to provide financial assistance to eligible entities as designated under this subdivision. Outstanding expenses, loans and other obligations executed prior to the effective date of this paragraph shall be subject to the terms and conditions of the original contract or contracts.

§ 6. Subdivision 14 of section 16-d of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new paragraph (c) to read as follows:

(c) (i) The lending organization shall submit to the corporation annual reports stating: the number of program loans made; the amount of program funding used for loans; the use of loan proceeds by the borrower; the number of jobs created or retained; a description of the economic development generated; the status of each outstanding program loan, including fund balance; and such other information as the corporation may require.

(ii) Beginning January 1, 2018, notwithstanding any law to the contrary, the corporation shall publish on its website annual reports required under this paragraph and paragraphs (a) and (b) of this subdivision.

§ 7. Subdivision 14 of section 16-t of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo-

S. 4046 4 A. 4253

ration act, as amended by section 1 of part II of chapter 59 of the laws of 2013, is amended and a new subdivision 14-a is added to read as follows:

14. The lending organization shall submit to the corporation annual reports stating: the number of program loans made; the amount of program funding used for loans; the use of loan proceeds by the borrower; the number of jobs created or retained; a description of the economic development generated; the status of each outstanding program loan, including fund balance; and such other information as the corporation may require.

14-a. Beginning January 1, 2018, notwithstanding any law to the contrary, the corporation shall publish on its website annual reports required under subdivision fourteen of this section.

§ 8. This act shall take effect immediately.

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