Bill Text: NY S02759 | 2019-2020 | 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; 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) 2020-12-28 - COMMITTED TO RULES [S02759 Detail]
Download: New_York-2019-S02759-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2759 2019-2020 Regular Sessions IN SENATE January 29, 2019 ___________ Introduced by Sen. COMRIE -- 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06091-01-9S. 2759 2 1 or her office, such contract shall become valid and enforceable without 2 such approval. 3 § 2. The public lands law is amended by adding a new section 33-a to 4 read as follows: 5 § 33-a. Comptroller and attorney general approval of private sale 6 contracts. 1. To the extent a public sale is not required and a negoti- 7 ated contract for the disposal of unappropriated state lands with an 8 estimated fair market value in excess of one hundred thousand dollars to 9 a private entity is deemed authorized by the provisions of this article 10 or any other provision of law, rule or regulation, such negotiated 11 contract shall require supervision in the form of prior review and 12 approval of such contract and any such contract entered into shall be 13 submitted to the comptroller and the attorney general for their approval 14 and shall not be a valid enforceable contract unless it shall first 15 have been so approved. The comptroller, in consultation with the attor- 16 ney general, shall promulgate such rules and regulations as may be 17 necessary to carry out their responsibilities under this section, 18 including but not limited to the standards for approving contracts 19 subject to this subdivision. 20 2. Where a contract is subject to mandatory review by the comptroller 21 and the attorney general pursuant to subdivision one of this section, 22 the vendor shall include or cause to be included in each such contract a 23 provision informing the other party that such contract is subject to the 24 comptroller's and the attorney general's approval pursuant to this 25 section. If the comptroller and the attorney general have not approved 26 or disapproved any contract subject to his or her approval within ninety 27 days of submission to his or her office, such contract shall become 28 valid and enforceable without such approval. 29 3. The provisions of this section shall be effective notwithstanding 30 the provisions of any other general or special law relating to the 31 disposal of lands belonging to the state, and any such statute or parts 32 thereof relating to such disposal of state lands insofar as they are 33 inconsistent with the provisions of this section are hereby superseded. 34 § 3. Subdivision 4 of section 3 of the public lands law, as amended by 35 chapter 785 of the laws of 1982, is amended to read as follows: 36 4. a. Notwithstanding any other provision of this chapter or other 37 statute, the commissioner of general services, upon the application of 38 any state department, or a division, bureau or agency thereof, or upon 39 the application of any state agency, may transfer to such state depart- 40 ment, division, bureau, or agency, or state agency, the jurisdiction 41 over any lands, including lands under water, abandoned canal lands and 42 salt springs reservation land, upon such terms and conditions as the 43 commissioner may deem just and proper and upon the consent of the 44 department, or a division, bureau or agency thereof, or any state agen- 45 cy, already having jurisdiction over such lands and notwithstanding any 46 other provision of this chapter or other statute, authority to give such 47 consent is hereby conferred upon the head of any such state department, 48 or a division, bureau or agency thereof, or any state agency; provided, 49 however, that if the commissioner of general services determines that 50 any such land under the jurisdiction of any state department, or a divi- 51 sion, bureau or agency thereof, or any state agency other than a public 52 authority or public benefit corporation is under utilized or is not 53 being utilized in a manner consistent with the best interests of the 54 state, such commissioner may on his or her own initiative, and without 55 the application or consent referred to above but subject to the proce- 56 dure and review provided in section two-a of this article, transfer theS. 2759 3 1 jurisdiction over such land to any other state department, or a divi- 2 sion, bureau or agency thereof, or any other state agency other than a 3 public authority or public benefit corporation. 4 b. Should such land be under the jurisdiction of the office of mental 5 health or the office of mental retardation and developmental disabili- 6 ties upon which a community residential facility for the disabled as 7 defined in section 41.34 of the mental hygiene law exists, the commis- 8 sioner of general services shall, prior to transferring the jurisdiction 9 over such land to any other state department, or a division, bureau or 10 agency thereof, or any other state agency other than a public authority 11 or public benefit corporation offer such land for sale at public auction 12 pursuant to section thirty-three of this chapter; provided, however, 13 that the provisions of section four hundred six of the eminent domain 14 procedure law shall apply to such property. 15 c. No transfer of land, as described in this subdivision, or grant or 16 conveyance of land to a public authority or public benefit corporation 17 shall be deemed valid unless notice is provided in writing to each 18 member of the legislature in whose district any portion of the land 19 subject to the proposed transfer is located. Such notice shall provide 20 a description of the land, identification of the proposed transferor and 21 transferee state departments, divisions, bureaus, agencies, state agen- 22 cies, public authorities or public benefit corporations and the terms 23 and conditions of the proposed transfer. Unless within thirty days from 24 the date such notice is given, a member of the legislature entitled to 25 notice pursuant to this paragraph objects to such proposed action, the 26 commissioner of general services may effect such transfer of jurisdic- 27 tion. If within thirty days of the giving of such notice, a member of 28 the legislature entitled to notice pursuant to this paragraph objects to 29 the action proposed by the commissioner of general services by filing 30 notice to such effect with the commissioner of general services, such 31 proposed action shall be reviewed by the director of the budget and the 32 secretary of state. They shall affirm or reverse the proposed action by 33 the commissioner and that decision shall be final. If they affirm the 34 proposed action or fail to render a determination within six months of 35 the date of the notice, the commissioner may thereupon effect such 36 transfer. 37 § 4. This act shall take effect on the ninetieth day after it shall 38 have become a law.
