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A09562 Summary:

BILL NOA09562
 
SAME ASSAME AS S01104
 
SPONSORZinerman
 
COSPNSR
 
MLTSPNSR
 
Amd 2897, Pub Auth L; add 33-a, amd 3, Pub Lds L
 
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.
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A09562 Actions:

BILL NOA09562
 
03/20/2024referred to governmental operations
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A09562 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9562
 
SPONSOR: Zinerman
  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: The legislation amends the public authorities law and public lands law by mandating review and approval by the attorney general and the comp- troller 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 disap- prove 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 and 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 Secre- tary 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 nine- tieth 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 fiduci- ary 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 impor- tant 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.   LEGISLATIVE HISTORY: No Assembly sponsor history 2022: S3151 2017 -2018: S.1526. 2019-20: Passed thru Committee.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A09562 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9562
 
                   IN ASSEMBLY
 
                                     March 20, 2024
                                       ___________
 
        Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
          tee on Governmental Operations
 
        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:

     1    Section  1.  Section  2897 of the public authorities law is amended by
     2  adding a new subdivision 8 to read as follows:
     3    8. Comptroller and attorney general approval of contracts. a.  Negoti-
     4  ated contracts for the disposal of real property with an estimated  fair
     5  market  value  in  excess  of  two  hundred  fifty thousand dollars to a
     6  private entity shall require supervision in the form of prior review and
     7  approval of such contracts and any such contract entered into  shall  be
     8  submitted to the comptroller and the attorney general for their approval
     9  and shall not be a valid enforceable contract unless it shall first have
    10  been  so  approved.  The  comptroller, in consultation with the attorney
    11  general, shall promulgate such rules and regulations as may be necessary
    12  to carry out their responsibilities under this  section,  including  but
    13  not  limited  to  the  standards for approving contracts subject to this
    14  subdivision.
    15    b. Where a contract is subject to mandatory review by the  comptroller
    16  and  the  attorney  general pursuant to paragraph a of this subdivision,
    17  the vendor public authority shall include or cause  to  be  included  in
    18  each  such  contract  a  provision  informing  the other party that such
    19  contract is subject to the  comptroller's  and  the  attorney  general's
    20  approval pursuant to this subdivision and the comptroller's authority to
    21  supervise  the  accounts  of public corporations. If the comptroller and
    22  the attorney general have  not  approved  or  disapproved  any  contract
    23  subject  to  his or her approval within ninety days of submission to his
    24  or her office, such contract shall become valid and enforceable  without
    25  such approval.
    26    §  2.  The public lands law is amended by adding a new section 33-a to
    27  read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03336-01-3

        A. 9562                             2
 
     1    § 33-a. Comptroller and attorney  general  approval  of  private  sale
     2  contracts.  1. To the extent a public sale is not required and a negoti-
     3  ated contract for the disposal of unappropriated  state  lands  with  an
     4  estimated fair market value in excess of one hundred thousand dollars to
     5  a  private entity is deemed authorized by the provisions of this article
     6  or any other provision of  law,  rule  or  regulation,  such  negotiated
     7  contract  shall  require  supervision  in  the  form of prior review and
     8  approval of such contract and any such contract entered  into  shall  be
     9  submitted to the comptroller and the attorney general for their approval
    10  and  shall  not  be a valid enforceable   contract unless it shall first
    11  have been so approved. The comptroller, in consultation with the  attor-
    12  ney  general,  shall  promulgate  such  rules  and regulations as may be
    13  necessary to  carry  out  their  responsibilities  under  this  section,
    14  including  but  not  limited  to  the  standards for approving contracts
    15  subject to this subdivision.
    16    2. Where a contract is subject to mandatory review by the  comptroller
    17  and  the  attorney  general pursuant to subdivision one of this section,
    18  the vendor shall include or cause to be included in each such contract a
    19  provision informing the other party that such contract is subject to the
    20  comptroller's and the  attorney  general's  approval  pursuant  to  this
    21  section.  If  the comptroller and the attorney general have not approved
    22  or disapproved any contract subject to his or her approval within ninety
    23  days of submission to his   or her office, such  contract  shall  become
    24  valid and enforceable without such approval.
    25    3.  The  provisions of this section shall be effective notwithstanding
    26  the provisions of any other general  or  special  law  relating  to  the
    27  disposal  of lands belonging to the state, and any such statute or parts
    28  thereof relating to such disposal of state lands  insofar  as  they  are
    29  inconsistent with the provisions of this section are hereby superseded.
    30    § 3. Subdivision 4 of section 3 of the public lands law, as amended by
    31  chapter 672 of the laws of 2019, is amended to read as follows:
    32    4.  a.  Notwithstanding  any  other provision of this chapter or other
    33  statute, the commissioner of general services, upon the  application  of
    34  any  state  department, or a division, bureau or agency thereof, or upon
    35  the application of any state agency, may transfer to such state  depart-
    36  ment,  division,  bureau,  or  agency, or state agency, the jurisdiction
    37  over any lands, including lands under water, abandoned canal  lands  and
    38  salt  springs  reservation  land,  upon such terms and conditions as the
    39  commissioner may deem just and  proper  and  upon  the  consent  of  the
    40  department,  or a division, bureau or agency thereof, or any state agen-
    41  cy, already having jurisdiction over such lands and notwithstanding  any
    42  other provision of this chapter or other statute, authority to give such
    43  consent  is hereby conferred upon the head of any such state department,
    44  or a division, bureau or agency thereof, or any state agency;  provided,
    45  however,  that  if  the commissioner of general services determines that
    46  any such land under the jurisdiction of any state department, or a divi-
    47  sion, bureau or agency thereof, or any state agency other than a  public
    48  authority  or  public  benefit  corporation  is under utilized or is not
    49  being utilized in a manner consistent with the  best  interests  of  the
    50  state,  such  commissioner  may  on  his own initiative, and without the
    51  application or consent referred to above but subject  to  the  procedure
    52  and  review  provided  in  section  two-a  of this article, transfer the
    53  jurisdiction over such land to any other state department,  or  a  divi-
    54  sion,  bureau  or agency thereof, or any other state agency other than a
    55  public authority or public benefit corporation.

        A. 9562                             3
 
     1    b. Should such land be under the jurisdiction of the office of  mental
     2  health  or  the  office  for people with developmental disabilities upon
     3  which a community residential facility for the disabled  as  defined  in
     4  section  41.34  of  the  mental  hygiene law exists, the commissioner of
     5  general services shall, prior to transferring the jurisdiction over such
     6  land  to  any  other  state  department, or a division, bureau or agency
     7  thereof, or any other state agency other  than  a  public  authority  or
     8  public  benefit  corporation  offer such land for sale at public auction
     9  pursuant to section thirty-three of  this  chapter;  provided,  however,
    10  that  the  provisions  of section four hundred six of the eminent domain
    11  procedure law shall apply to such property.
    12    c.  No transfer of land, as described in this subdivision, or grant or
    13  conveyance of land to a public authority or public  benefit  corporation
    14  shall  be  deemed  valid  unless  notice  is provided in writing to each
    15  member of the legislature in whose district  any  portion  of  the  land
    16  subject  to the proposed transfer is located.  Such notice shall provide
    17  a description of the land, identification of the proposed transferor and
    18  transferee state departments, divisions, bureaus, agencies, state  agen-
    19  cies,  public  authorities  or public benefit corporations and the terms
    20  and conditions of the proposed transfer. Unless within thirty days  from
    21  the  date  such notice is given, a member of the legislature entitled to
    22  notice pursuant to this paragraph objects to such proposed  action,  the
    23  commissioner  of  general services may effect such transfer of jurisdic-
    24  tion. If within thirty days of the giving of such notice,  a  member  of
    25  the legislature entitled to notice pursuant to this paragraph objects to
    26  the  action  proposed  by the commissioner of general services by filing
    27  notice to such effect with the commissioner of  general  services,  such
    28  proposed  action shall be reviewed by the director of the budget and the
    29  secretary of state. They shall affirm or reverse the proposed action  by
    30  the  commissioner  and  that decision shall be final. If they affirm the
    31  proposed action or fail to render a determination within six  months  of
    32  the  date  of  the  notice,  the  commissioner may thereupon effect such
    33  transfer.
    34    § 4. This act shall take effect on the ninetieth day  after  it  shall
    35  have become a law.
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