Bill Text: NY A06795 | 2023-2024 | General Assembly | Amended


Bill Title: Transfers the village of West Carthage housing authority to the town of Wilna housing authority.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-06-09 - substituted by s6879a [A06795 Detail]

Download: New_York-2023-A06795-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6795--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
          Committee on Housing -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to amend the public housing law, in relation to the transfer of
          the village of West Carthage housing authority to the  town  of  Wilna
          housing  authority;  and  to  repeal  certain provisions of the public
          housing law relating thereto

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

     1    Section  1.  Title  149  of  article  13  of the public housing law is
     2  REPEALED.
     3    § 2. Section 471 of the public housing law, as added by chapter 684 of
     4  the laws of 1960, is amended to read as follows:
     5    § 471. Town of Wilna  housing  authority.    1.  A  municipal  housing
     6  authority,  to be known as the town of Wilna housing authority is hereby
     7  created and established for the town of Wilna in the county of Jefferson
     8  for the accomplishment of any or all of the purposes specified in  arti-
     9  cle  eighteen  of  the  constitution  of the state of New York. It shall
    10  constitute a body corporate and politic, be perpetual  in  duration  and
    11  consist  of  five  members.  It  shall have the powers and duties now or
    12  hereafter conferred by this chapter upon municipal housing  authorities.
    13  It  shall  be  organized  in the manner prescribed by and subject to the
    14  provisions of this chapter and the authority, its members, officers  and
    15  employees  and  its  operations  and activities shall in all respects be
    16  governed by the provisions of this chapter.
    17    2. Notwithstanding any other provision of law, rule or  regulation  to
    18  the  contrary,  the  village  of West Carthage housing authority, in its
    19  entirety, shall be transferred to the town of Wilna  housing  authority.
    20  All  powers and duties of the village of West Carthage housing authority
    21  pursuant to section thirty-seven of this chapter or any other  provision
    22  relating  to  municipal  housing authorities under article three of this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10829-03-3

        A. 6795--A                          2

     1  chapter shall be transferred to and assumed by the town of Wilna housing
     2  authority.
     3    §  3. Transfer of functions. All of the functions and powers possessed
     4  by, and all of the  obligations  and  duties  of  the  village  of  West
     5  Carthage  housing  authority are transferred and assigned to, assumed by
     6  and devolved upon the town of Wilna  housing  authority,  in  accordance
     7  with and pursuant to the provisions of this act.
     8    §  4.  Transfer  of  employees. Notwithstanding any other provision of
     9  law, rule, or regulation to the contrary, upon the transfer of functions
    10  from the village of West Carthage housing  authority  pursuant  to  this
    11  act,  all  employees  of  the village of West Carthage housing authority
    12  shall be transferred to the town of Wilna housing  authority.  Employees
    13  transferred  pursuant  to  this  section  shall  be  transferred without
    14  further examination or qualification and shall retain  their  respective
    15  civil  service  classifications,  status  and collective bargaining unit
    16  designations and collective bargaining agreements.
    17    § 5. Transfer of records. All  books,  papers,  and  property  of  the
    18  village  of  West  Carthage  housing  authority shall be provided to and
    19  deemed to be in the possession of the town of Wilna housing authority.
    20    § 6. Continuity of authority. For the purpose  of  succession  of  all
    21  functions,  powers,  duties and obligations transferred and assigned to,
    22  devolved upon and assumed by it pursuant to this act, the town of  Wilna
    23  housing  authority  shall be deemed and held to constitute the continua-
    24  tion of the village of West Carthage housing authority.
    25    § 7. Completion of unfinished business. Any business or  other  matter
    26  undertaken or commenced by the village of West Carthage housing authori-
    27  ty  pertaining  to  or connected with the functions, powers, obligations
    28  and duties hereby transferred and assigned to the town of Wilna  housing
    29  authority  and  pending  on  the  effective  date  of  this  act, may be
    30  conducted and completed by the town of Wilna housing  authority  in  the
    31  same  manner  and  under the same terms and conditions and with the same
    32  effect as if conducted and completed by the  village  of  West  Carthage
    33  housing authority.
    34    §  8.  Continuation  of rules and regulations. All rules, regulations,
    35  acts, orders, determinations, and  decisions  of  the  village  of  West
    36  Carthage housing authority pertaining to the functions and powers trans-
    37  ferred  and  assigned pursuant to this act, in force at the time of such
    38  transfer and assumption, shall continue in  full  force  and  effect  as
    39  rules,  regulations,  acts,  orders, determinations and decisions of the
    40  town of Wilna housing authority until duly modified or abrogated by  the
    41  board of such authority.
    42    §  9. Terms occurring in laws, contracts and other documents. Whenever
    43  the village of West Carthage housing authority, or the board thereof, is
    44  referred to or designated in any contract or document pertaining to  the
    45  functions,  powers,  obligations  and  duties  hereby transferred to and
    46  assigned to the town of  Wilna  housing  authority,  such  reference  or
    47  designation  shall  be  deemed  to  refer  to  the town of Wilna housing
    48  authority or such authority's board, as applicable.
    49    § 10. Existing rights and remedies preserved.  No  existing  right  or
    50  remedy  of  any  character  shall  be  lost, impaired or affected by any
    51  provisions of this act.
    52    § 11. Pending actions and proceedings. No action or proceeding pending
    53  at the time when this act shall take effect, brought by or  against  the
    54  village  of West Carthage housing authority, or the board thereof, shall
    55  be affected by any provision of this act, but the same may be prosecuted
    56  or defended in the name of the town of Wilna housing authority,  or  the

        A. 6795--A                          3

     1  board  thereof.  In  all such actions and proceedings, the town of Wilna
     2  housing authority, upon application of the court, shall  be  substituted
     3  as a party.
     4    §  12.  Transfer of assets and liabilities. All assets and liabilities
     5  of the village of West Carthage housing authority are hereby transferred
     6  to and assumed by the town of Wilna housing authority.
     7    § 13. This act shall take effect immediately.
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