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Topic: New York State public benefit corporations

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	OPINIONS OF THE ATTORNEY GENERAL
		Under the stated facts, the federal officials designated to serve as members or directors of New York State public benefit corporations are serving as officials of the federal government rather than in their personal capacities.
		The requirement of financial disclosure, which is part of the New York State Ethics in Government Act of 1987, was instituted "in response to revelations of corruption in the NewYork City and State government that arose in 1985 and 1986, and the resulting public demand for increased scrutiny and accountability of public officials".
		Moreover, the Public Officers Law specifically excludes members or directors of multi-state authorities from the financial disclosure requirement.2 This is a further indication that New York never intended to impose its financial disclosure requirement on federal officials, representing the federal government as members and/or directors of New York State public benefit corporations.
	www.oag.state.ny.us /lawyers/opinions/1998/formal/98_f1.html (1178 words)

	NYS DOS, Counsel's Office, Legal Memoranda, Cemetery Regulation in New York State
		New York is the most populous of the six states (including, Connecticut, Massachusetts, Maine, New Jersey, and Wyoming) in which cemeteries are required to be operated only on a non-profit basis.
		As a trust fund, the principal of the PMF must be invested in accordance with State law and may not be utilized for current expenses except with the permission of a judge of the Supreme Court of New York State.
		The public session of the meeting is open to the public; the executive portion of the meeting, at which confidential matters are discussed, is closed to the public.
	www.dos.state.ny.us /cnsl/cemreg.html (884 words)

	New York State Ethics Commission Advisory Opinion No. 96-20 (Site not responding. Last check: 2007-10-26)
		As Commissioner of [the agency], [the requesting individual], by virtue of [State law], sat as a member of [the public benefit corporation]; and, by virtue of [State law], sat as a member of and was Chairman of the Council.
		The issue presented by [the requesting individual's] request is whether a full-time, paid State official who serves as a member of a public benefit corporation and as chairman of a council by virtue of his full time position is considered a State officer when acting in his capacity as such member or chairman.
		At [the public benefit corporation], [the requesting individual] was a full member with all of the authority and responsibility of each of the other members, except, as a State official, he could designate [an employee of his agency] to represent him.
	www.nysl.nysed.gov /edocs/ethics/96-20.htm (1846 words)

	City Project \| Publications \| State of Distress
		It is precisely New York City's status as the state and regional economic, financial and cultural hub-a status reflected and sustained by the city's built environment and public services--that attracts the concentration of New York State government and public authority facilities.
		New York State's total tax bill for its properties in New York City would be approximately $212.7 million (as of FY 2004), an amount that represents less than half the burden to the state's $105 billion budget as its loss does to the city's $47 billion budget.
		New York State increasingly uses public authorities instead of its own state agencies to do the state's business in a wide range of matters, primarily because of the freedom such authorities confer on the state: freedom from ordinary budget, land use and political processes that ensure some measure of public control, scrutiny and accountability.
	www.cityproject.org /publications/reports/StateOfDistress.html (8182 words)

	Council urges restrained spending in state budget -- Jan. 2, 2003
		New York State should restrain state spending and reject higher taxes in crafting a 2003 state budget in challenging fiscal circumstances, The Business Council has advised Governor George Pataki.
		New York should reject any calls to decouple state tax policy from federal tax policy in any way that eeduces the benefit of such a proposal to New York, the letter said.
		Lawsuits against the state are heard by the state Court of Claims, which uses established precedents and a non-jury process to set awards.
	www.bcnys.org /whatsnew/2003/0102gpltr.htm (796 words)

	Procedures For Forming And Changing Not-For-Profit Corporations In New York State
		Corporations organized for charitable purposes* are required to register and report to the Office of the Attorney General pursuant to Estates, Powers and Trusts Law §8-1.4.
		The corporation is organized exclusively to purchase substandard single-family homes located in Southeast Queens, New York City, and to rehabilitate such property with funds primarily obtained from governmental or foundation grants, or public support, for the purpose of resale to selected purchasers committed to long-term occupancy.
		The aforementioned purposes and activities are authorized by the (Authorizing Agency) of the State of ___________ to be conducted by the corporation in the State of ______________.
	www.oag.state.ny.us /business/not_for_profit.html (3402 words)

	New York American Reform Party Application
		My announcement is this: A new state party is forming affiliated with the national American Reform Party, and it will run independent and reform-minded candidates in Suffolk County (and hopefully elsewhere) in 2005 and statewide candidates in 2006, hoping to get the minimum number of votes needed to attain official ballot status.
		New York State is one of the worst in the country in this regard.
		We intend to engage in the public debate in a manner that emphasizes the contrast between the future and the politics of the past.
	www.americanreform.org /ARP-State-Affiliates/new-york.html (2777 words)

	NYSERDA - Bond Counsel Services - RFP 840
		State the names of the partners, associates, and paralegals who would be assigned to the Authority's account, provide their resumes, the location of their primary office, and describe their anticipated commitments to other clients during the next 12 months.
		State the experience and expertise of the firm in dealing with the issuance of non-fixed rate debt and "derivative" obligations (describe the particular issues and the legal function of the firm).
		State the specific maximum overall dollar limit which the firm would accept on fees and expenses for each of two hypothetical individual bond issues: one a new money issue and the other a refunding issue, each in the principal amount of $100 million.
	www.nyserda.org /funding/840RFP.html (3338 words)

	Thelen Reid Report No. 43: New York Lien Law Bars Recovery on Mechanic's Lien Discharge Bond (Site not responding. Last check: 2007-10-26)
		New York Lien Law bars recovery on mechanic's lien discharge bond for work performed for a private developer, where public benefit corporation holds legal title to the real estate.
		MJR Electrical Contracting Corporation, as reported in The New York Law Journal on Nov. 29, 2000 (Judge York), involved a supplier who was not paid for materials furnished to a project being built by Loews, a major motion picture theatre developer.
		Because the New York Legislature explicitly used the phrase "industrial development agency" in the exception, and because a public benefit corporation and an industrial development agency are generally not interchangeable and were not interchangeable in this case, the Lien Law had to be interpreted as barring enforcement of the mechanic's lien.
	www.thelenreid.com /articles/report/rep43_idx.htm (588 words)

	DEC Releases State Agency Environmental Audit - NYSDEC Press Release (Site not responding. Last check: 2007-10-26)
		New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced that the 2001 State Agency Environmental Audit Report has been completed and submitted to Governor Pataki, the State Legislature and the State Division of the Budget.
		Enacted by the Legislature in 1988, the State Agency Environmental Audit Law requires that all State agencies, public authorities and public benefit corporations conduct annual audits detailing their compliance with New York's environmental laws.
		A copy of the 2001 State Agency Environmental Audit Report is available on DEC's website at www.dec.state.ny.us/website/ppu or by writing: NYS DEC, Pollution Prevention Unit, 12th Floor, 625 Broadway, Albany, New York 12233-8010.
	www.dec.state.ny.us /website/press/pressrel/2002/2002x26.html (522 words)

	The Public Policy Institute - Putting stock in New York State
		New York's costs are so far out of line that the state sticks local governments with a substantial share—and that, in turn, is a major reason our property taxes are so high.
		States generally try to avoid penalizing companies that have a high proportion of jobs within the state but a large share of their sales elsewhere.
		Keeping the securities industry growing in New York is vital for many reasons—to power the engine of the downstate economy, to pay for billions of dollars’ worth of vital public services all across the state, and to keep the luster on the national and international reputation of the Empire State.
	www.ppinys.org /reports/secure00.htm (1562 words)

	AIANYS / Government Affairs (Site not responding. Last check: 2007-10-26)
		The AIA New York State, Inc., the state association of The American Institute of Architects, represents the interests of the more than 14,750 licensed, registered architects in New York State.
		New York State should enact legislation, which would provide state and local public owners with a choice to choose either a single-prime contract or a multiple-prime contract for their public works project.
		We support initiatives to revamp local, state and federal community planning and zoning practices and principles to revitalize development; encourage the re-generation of the physical fabric and infrastructure of our urban, suburban and rural communities across the state; and enhance and improve the quality of life for our residents.
	aianys.org /government (873 words)

	New York State Parks :: Parks Grant Programs - FAQ
		Municipalities, State agencies, public benefit corporations, public authorities and not for profit corporations with an ownership interest in the property may apply.
		Not for profit corporations must be subject to New York State's not for profit corporation law, have a charities registration number and be approved for tax exempt status under the IRS code.
		State Agencies are required to insure that all state contracts in excess of $25,000 comply with EEO requirements.
	nysparks.state.ny.us /grants/programs/parks_faq.asp (1209 words)

	New York State Ethics Commission
		State officers and employees are often interested in seeking elected political office or volunteering for political campaigns.
		In general, State officers and employees are charged to pursue a course of conduct that will not raise suspicion among the public that they are likely to be engaged in acts in violation of the public trust.
		If you are employed by the State and your principal employment is in connection with an activity that is financed in whole or in part by loans or grants made by the United States or a federal agency, you must not violate the Federal Hatch Act.
	www.dos.state.ny.us /ethc/poliacts.html (718 words)

	State Funding Profiles, Funding Profile: New York: The Trust for Public Land
		New York, though third largest in population, experienced below-average population growth of only 5.5 percent between 1990 and 2000 (the national average is 13.1 percent).
		Between 1989 and 1999, the state's median household income, adjusted for inflation, dropped by 7.5 percent, the 5th lowest growth rate in the nation, at a time when the national average increased by 3.7 percent.
		In 1989, New York's median household income was $42,316, ranking the state 12th nationally, but in 1999 it fell to 27th at $39,139.
	www.tpl.org /tier3_cdl.cfm?content_item_id=878&folder_id=706 (1016 words)

	NYSERDA - Saratoga Technology + Energy Park Counsel Services - RFP 727-02
		State the names of the partners and associates who would be assigned to NYSERDA's account, provide their resumes, and describe the percentage of the firm's time commitment to the NYSERDA account that each person would be anticipated to provide.
		State the experience and expertise of the firm and the individuals listed in response to item 1 above in general representation of public entities, including particularly New York State public benefit corporations or public authorities.
		State the rates at which the services of partners, associates, and non-attorney law clerks, paralegals, or other paraprofessionals would be provided to NYSERDA during the first two years of representation; which partners and associates are expected to perform which services, to the extent reasonably projectable; and how these services would be billed.
	www.nyserda.org /funding/727RFP.html (2595 words)

	NYSERDA - Board of Directors Opposition to Legislative Appropriation of SBC Funds (Site not responding. Last check: 2007-10-26)
		WHEREAS, the New York State Energy Research and Development Authority developed plans for the administration of the SBC Program and the RPS Program and a certain rate proceeding and submitted them to the Public Service Commission; and
		Corporate Commitment Award (the first in the nation to go to a public agency), the 2004 Public Relations Society of America ATotem Award@ for the ANew Pet@ television public service announcement; the 2004 Climate Protection Award from the United States Environmental Protection Agency (for environmentally economic and sound energy programs), the 2004 ENERGY STAR
		WHEREAS, the New York State Energy Research and Development Authority established programs to address the SBC Program goals of improving system-wide reliability and peak reduction through end-user efficiency action, improving energy efficiency and access to energy options for under-served customers, reducing environmental impacts of energy use, and facilitating competition to benefit end-users; and
	www.nyserda.org /about/board/resolution.asp (391 words)

	Introduction to New York State's Lobby Data 2002 (Site not responding. Last check: 2007-10-26)
		Annually, about 2,930 lobbyists representing 1,640 clients and 53 public corporations register with and report to the Commission on their activities effecting State level decision-makers.
		Lobbyists, clients and public corporations filing on-line, directly input all of their data into this database which is available in real time.
		For those submit their filings on paper, data is inputted by the Commission's staff, on a delayed basis due to heavy staff workloads.
	www.nylobby.state.ny.us /databasesearch.html (226 words)

	Editorial; Competitive state bids best serve taxpayers (Site not responding. Last check: 2007-10-26)
		The New York State Canal Corp. clearly was wrong to strike a deal with a Buffalo developer to build housing along the 524-mile canal system without more widespread advertising of such a massive project across the state.
		First, while it seems to behoove developers and entrepreneurs to subscribe to this publication, more widespread advertising would be the right thing to do when it involves projects of such magnitude.
		Hutchens' general manager, Thomas Bystryck, said the contract was fair and that $6,000 in donations from the company to Gov. George Pataki's campaign -- $5,000 in 1999 and $1,000 in 2000 -- was not a factor in the deal made last year.
	www.uticaod.com /archive/2003/09/19/opinion/15385.html (449 words)

	New York State Department of Agriculture and Markets
		New York State Law includes several right-to-farm protections that are intended to help farmers remain economically viable and encourage them to keep their land in agricultural production.
		Requires government and public benefit corporations to minimize or avoid to the extent practicable adverse agricultural impacts associated with acquiring land or advancing public funds for the construction of residential, commercial or industrial facilities, and water and sewer facilities, to serve non-farm structures within an agricultural district.
		Benefit Assessment Limitation– a limitation on the imposition of benefit assessments for certain improvements on farms.
	www.agmkt.state.ny.us /GROWNY/taxsave.html (398 words)

	NYS Office of Cyber Security & Critical Infrastructure Coordination - Security (Site not responding. Last check: 2007-10-26)
		Additionally, an executive awareness session, focused on the Policy and the importance of cyber security within each state entity was held in May 2003, with nearly 150 State agency commissioners, executive deputies, information security officers and others in attendance.
		Senior management is fully committed to information security and agrees that every person employed by or on behalf of New York State government has important responsibilities to continuously maintain security and privacy of state entity data.
		This annual event is open to all New York State and local government entities, and State academia.
	www.cscic.state.ny.us /security.htm (339 words)

	1.6 What is the Enterprise? - Principles Governing The New York State Information Technology Enterprise Architecture
		The position of Chief Information Officer for the State of New York was established by Executive Order 117, issued by Governor Pataki on January 28, 2002.
		All public benefit corporations the heads of which are appointed by the Governor; and
		Various external entities, though not formally part of the Enterprise as defined above, nevertheless interact with the State and are thus affected by the standards and practices adopted by New York State for its EA.
	www.oft.state.ny.us /policy/p04-001/01-06.htm (318 words)

	New York State Archives Policy on Access to Records (Site not responding. Last check: 2007-10-26)
		The New York State Archives provides access to its records in compliance with state and federal statutes, in a manner that is as open and timely as reasonably possible.
		The mission of the New York State Archives is to preserve and ensure access to those records created by state government that have been determined to have enduring value.
		This law grants the public access to all records of the executive branch of the state government, as well as local government records, unless disclosure would be harmful to an individual or preclude a government agency from carrying out its duties.
	www.archives.nysed.gov /a/nysaservices/ns_research_access.shtml (1881 words)

	New York State 2003/04 Budget
		Any partnership or S corporation that is required to make estimated tax payments for the benefit of its nonresident partner/member/shareholder must furnish such nonresident partner/member/shareholder with a statement showing the amount of the tax withheld.
		New York City was authorized to increase the New York City sales tax on June 4, 2003, from 4% to 4.125%.
		New York now joins 37 other states, including California and the District of Columbia, that have enacted the Simplified Sales and Use Tax Administration Act, which authorizes those states to enter into multistate negotiations to streamline their sales and use tax laws.
	www.nysscpa.org /cpajournal/2003/0803/dept/d086603.htm (1985 words)

	Wireless Communications Policy # P03-003
		The purpose of this policy is to ensure that the New York State’s wireless communications infrastructure is deployed and managed in an effective manner.
		In order to achieve that objective, this policy requires all wireless communication initiatives involving State government entities to be centrally coordinated, in advance, through the New York State Office for Technology.
		All submissions and/or questions should be directed to the New York State, Office for Technology, Statewide Wireless Network, State Capitol, ESP, PO Box 2062, Albany, New York 12220-0062 or by E-Mail to lisa.herman@oft.state.ny.us.
	www.oft.state.ny.us /policy/NYSTechPolicyP03-003.htm (976 words)

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