Bill Text: NY A04729 | 2015-2016 | General Assembly | Introduced


Bill Title: Prohibits the formation of a subsidiary of a public authority without prior approval of the legislature.

Sponsorship: Slight Partisan Bill (Democrat 9-4)

Status: (Introduced - Dead) 2016-01-06 - referred to corporations, authorities and commissions [A04729 Detail]

Download: New_York-2015-A04729-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4729
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2015
                                      ___________
       Introduced  by  M. of A. COLTON, ZEBROWSKI, JAFFEE, ABINANTI, BRONSON --
         Multi-Sponsored by -- M. of A.  LOPEZ,  McDONOUGH  --  read  once  and
         referred to the Committee on Corporations, Authorities and Commissions
       AN  ACT  to amend the public authorities law, in relation to prohibiting
         the formation of a subsidiary of  a  public  authority  without  prior
         permission of the legislature
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 2827-a of the  public  authorities
    2  law,  as added by chapter 506 of the laws of 2009, is amended to read as
    3  follows:
    4    1. Notwithstanding any law to the contrary, no state  authority  shall
    5  hereafter  have  the power to organize any subsidiary corporation unless
    6  the legislature shall have enacted a law granting such  state  authority
    7  such  power  for  the organization of a specific corporation[, provided,
    8  however, that a state authority may organize  a  subsidiary  corporation
    9  pursuant to the following requirements:
   10    a. the purpose for which the subsidiary corporation shall be organized
   11  shall  be  for  a  project or projects which the state authority has the
   12  power to pursue pursuant to its corporate purposes;
   13    b. the primary reason for which the subsidiary  corporation  shall  be
   14  organized  shall  be  to  limit  the  potential  liability impact of the
   15  subsidiary's project or projects on the authority or  because  state  or
   16  federal  law  requires  that  the  purpose of a subsidiary be undertaken
   17  through a specific corporate structure; and
   18    c. the]. ANY subsidiary corporation shall make the reports  and  other
   19  disclosures  as are required of state authorities, unless the subsidiary
   20  corporation's operations and finances are consolidated with those of the
   21  authority of which it is a subsidiary.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05205-01-5
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