Bill Text: NY S00446 | 2013-2014 | General Assembly | Introduced
Bill Title: 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 valued at over one hundred thousand dollars and not a part of a competitive bidding process by the state or a public authority; 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S00446 Detail]
Download: New_York-2013-S00446-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
446
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
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 ONE HUNDRED THOUSAND DOLLARS TO A PRIVATE
6 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03377-01-3
S. 446 2
1 SUBJECT TO HIS OR HER APPROVAL WITHIN NINETY DAYS OF SUBMISSION TO HIS
2 OR HER OFFICE, SUCH CONTRACT SHALL BECOME VALID AND ENFORCEABLE WITHOUT
3 SUCH APPROVAL.
4 S 2. The public lands law is amended by adding a new section 33-a to
5 read as follows:
6 S 33-A. COMPTROLLER AND ATTORNEY GENERAL APPROVAL OF PRIVATE SALE
7 CONTRACTS. 1. TO THE EXTENT A PUBLIC SALE IS NOT REQUIRED AND A NEGOTI-
8 ATED CONTRACT FOR THE DISPOSAL OF UNAPPROPRIATED STATE LANDS WITH AN
9 ESTIMATED FAIR MARKET VALUE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS TO
10 A PRIVATE ENTITY IS DEEMED AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE
11 OR ANY OTHER PROVISION OF LAW, RULE OR REGULATION, SUCH NEGOTIATED
12 CONTRACT SHALL REQUIRE SUPERVISION IN THE FORM OF PRIOR REVIEW AND
13 APPROVAL OF SUCH CONTRACT AND ANY SUCH CONTRACT ENTERED INTO SHALL BE
14 SUBMITTED TO THE COMPTROLLER AND THE ATTORNEY GENERAL FOR THEIR APPROVAL
15 AND SHALL NOT BE A VALID ENFORCEABLE CONTRACT UNLESS IT SHALL FIRST
16 HAVE BEEN SO APPROVED. THE COMPTROLLER, IN CONSULTATION WITH THE ATTOR-
17 NEY GENERAL, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
18 NECESSARY TO CARRY OUT THEIR RESPONSIBILITIES UNDER THIS SECTION,
19 INCLUDING BUT NOT LIMITED TO THE STANDARDS FOR APPROVING CONTRACTS
20 SUBJECT TO THIS SUBDIVISION.
21 2. WHERE A CONTRACT IS SUBJECT TO MANDATORY REVIEW BY THE COMPTROLLER
22 AND THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
23 THE VENDOR SHALL INCLUDE OR CAUSE TO BE INCLUDED IN EACH SUCH CONTRACT A
24 PROVISION INFORMING THE OTHER PARTY THAT SUCH CONTRACT IS SUBJECT TO THE
25 COMPTROLLER'S AND THE ATTORNEY GENERAL'S APPROVAL PURSUANT TO THIS
26 SECTION. IF THE COMPTROLLER AND THE ATTORNEY GENERAL HAVE NOT APPROVED
27 OR DISAPPROVED ANY CONTRACT SUBJECT TO HIS OR HER APPROVAL WITHIN NINETY
28 DAYS OF SUBMISSION TO HIS OR HER OFFICE, SUCH CONTRACT SHALL BECOME
29 VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL.
30 3. THE PROVISIONS OF THIS SECTION SHALL BE EFFECTIVE NOTWITHSTANDING
31 THE PROVISIONS OF ANY OTHER GENERAL OR SPECIAL LAW RELATING TO THE
32 DISPOSAL OF LANDS BELONGING TO THE STATE, AND ANY SUCH STATUTE OR PARTS
33 THEREOF RELATING TO SUCH DISPOSAL OF STATE LANDS INSOFAR AS THEY ARE
34 INCONSISTENT WITH THE PROVISIONS OF THIS SECTION ARE HEREBY SUPERSEDED.
35 S 3. Subdivision 4 of section 3 of the public lands law, as amended by
36 chapter 785 of the laws of 1982, is amended to read as follows:
37 4. A. Notwithstanding any other provision of this chapter or other
38 statute, the commissioner of general services, upon the application of
39 any state department, or a division, bureau or agency thereof, or upon
40 the application of any state agency, may transfer to such state depart-
41 ment, division, bureau, or agency, or state agency, the jurisdiction
42 over any lands, including lands under water, abandoned canal lands and
43 salt springs reservation land, upon such terms and conditions as the
44 commissioner may deem just and proper and upon the consent of the
45 department, or a division, bureau or agency thereof, or any state agen-
46 cy, already having jurisdiction over such lands and notwithstanding any
47 other provision of this chapter or other statute, authority to give such
48 consent is hereby conferred upon the head of any such state department,
49 or a division, bureau or agency thereof, or any state agency; provided,
50 however, that if the commissioner of general services determines that
51 any such land under the jurisdiction of any state department, or a divi-
52 sion, bureau or agency thereof, or any state agency other than a public
53 authority or public benefit corporation is under utilized or is not
54 being utilized in a manner consistent with the best interests of the
55 state, such commissioner may on his own initiative, and without the
56 application or consent referred to above but subject to the procedure
S. 446 3
1 and review provided in section two-a of this article, transfer the
2 jurisdiction over such land to any other state department, or a divi-
3 sion, bureau or agency thereof, or any other state agency other than a
4 public authority or public benefit corporation.
5 B. Should such land be under the jurisdiction of the office of mental
6 health or the office of mental retardation and developmental disabili-
7 ties upon which a community residential facility for the disabled as
8 defined in section 41.34 of the mental hygiene law exists, the commis-
9 sioner of general services shall, prior to transferring the jurisdiction
10 over such land to any other state department, or a division, bureau or
11 agency thereof, or any other state agency other than a public authority
12 or public benefit corporation offer such land for sale at public auction
13 pursuant to section thirty-three of this chapter; provided, however,
14 that the provisions of section four hundred six of the eminent domain
15 procedure law shall apply to such property.
16 C. NO TRANSFER OF LAND, AS DESCRIBED IN THIS SUBDIVISION, OR GRANT OR
17 CONVEYANCE OF LAND TO A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION
18 SHALL BE DEEMED VALID UNLESS NOTICE IS PROVIDED IN WRITING TO EACH
19 MEMBER OF THE LEGISLATURE IN WHOSE DISTRICT ANY PORTION OF THE LAND
20 SUBJECT TO THE PROPOSED TRANSFER IS LOCATED AND THE CHIEF EXECUTIVE
21 OFFICER OR OFFICERS OF THE COUNTY IN WHICH ANY PORTION OF THE LAND IS
22 LOCATED. SUCH NOTICE SHALL PROVIDE A DESCRIPTION OF THE LAND, IDENTIFI-
23 CATION OF THE PROPOSED TRANSFEROR AND TRANSFEREE STATE DEPARTMENTS,
24 DIVISIONS, BUREAUS, AGENCIES, STATE AGENCIES, PUBLIC AUTHORITIES OR
25 PUBLIC BENEFIT CORPORATIONS AND THE TERMS AND CONDITIONS OF THE PROPOSED
26 TRANSFER. UNLESS WITHIN THIRTY DAYS FROM THE DATE SUCH NOTICE IS GIVEN,
27 A MEMBER OF THE LEGISLATURE OR A CHIEF EXECUTIVE OFFICER OF A COUNTY
28 ENTITLED TO NOTICE PURSUANT TO THIS PARAGRAPH OBJECTS TO SUCH PROPOSED
29 ACTION, THE COMMISSIONER OF GENERAL SERVICES MAY EFFECT SUCH TRANSFER OF
30 JURISDICTION. IF WITHIN THIRTY DAYS OF THE GIVING OF SUCH NOTICE, A
31 MEMBER OF THE LEGISLATURE OR A CHIEF EXECUTIVE OFFICER OF A COUNTY ENTI-
32 TLED TO NOTICE PURSUANT TO THIS PARAGRAPH OBJECTS TO THE ACTION PROPOSED
33 BY THE COMMISSIONER OF GENERAL SERVICES BY FILING NOTICE TO SUCH EFFECT
34 WITH THE COMMISSIONER OF GENERAL SERVICES, SUCH PROPOSED ACTION SHALL BE
35 REVIEWED BY THE DIRECTOR OF THE BUDGET AND THE SECRETARY OF STATE. THEY
36 SHALL AFFIRM OR REVERSE THE PROPOSED ACTION BY THE COMMISSIONER AND THAT
37 DECISION SHALL BE FINAL. IF THEY AFFIRM THE PROPOSED ACTION OR FAIL TO
38 RENDER A DETERMINATION WITHIN SIX MONTHS OF THE DATE OF THE NOTICE, THE
39 COMMISSIONER MAY THEREUPON EFFECT SUCH TRANSFER.
40 S 4. This act shall take effect on the ninetieth day after it shall
41 have become a law.
