BILL NUMBER: S2324
SPONSOR: COMRIE
 
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 OR GENERAL IDEA OF BILL:
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.
 
PRIOR LEGISLATIVE HISTORY:
2024: S1104 Comrie/ A9562 Zinerman
2022: S3151
2017-2018: S.1526.
2019-20: Passed thru Committee.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S2324: 2897 public authorities law, 3 public lands law, 3(4) public lands law