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A05905 Summary:

BILL NOA05905
 
SAME ASNo Same As
 
SPONSORKolb
 
COSPNSRMontesano, Friend, Lupinacci, Brabenec
 
MLTSPNSRBarclay, Butler, Crouch, DiPietro, Finch, Fitzpatrick, Goodell, Hawley, Lopez, McKevitt, McLaughlin, Oaks, Raia, Thiele
 
Amd 50, Pub Auth L
 
Provides that minority members of the public authorities control board shall have voting privileges and shall act upon a four-fifths vote.
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A05905 Actions:

BILL NOA05905
 
02/17/2017referred to corporations, authorities and commissions
04/25/2017held for consideration in corporations, authorities and commissions
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A05905 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5905
 
SPONSOR: Kolb (MS)
  TITLE OF BILL: An act to amend the public authorities law, in relation to the powers, functions and duties of the New York state public authorities control board   PURPOSE OR GENERAL IDEA OF BILL: This bill would grant voting power to all members of the Public Authori- ties Control Board (PACB).   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Grants voting power on the PACB to members appointed by the recommendations of the Minority Leaders of each of the legislative hous- es. In addition, in order to pass a resolution the board would now require a 4/5 vote instead of a 3-way consensus. Section 2. Provides the effective date.   JUSTIFICATION: The Public Authorities Control Board has been a crucial oversight mech- anism for large capital project spending. The state relies heavily on public authorities to issue debt, loans or grants on behalf of the state. The minority members often vote on large capital project appro- priations during the budget process but then do not receive a vote when it comes to who receives the funds, what the intended purpose is and when the disbursement of these funds take place. By only allowing the majority members and the governor's representative a vote on these capi- tal programs, it becomes easier to fund pet projects or initiatives.   PRIOR LEGISLATIVE HISTORY: A.6730 (2015-16), Held in Corporations, Authorities and Commissions; A.1739 (2013-14), Held in Corporations, Authorities and Commissions; A.4746 (2011-12), Held in Corporations, Authorities and Commissions; A.8126 (2009-10), Held in Corporations, Authorities and Commissions; A.6790 (2007-08), Held in Corporations, Authorities and Commissions.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A05905 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5905
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 17, 2017
                                       ___________
 
        Introduced  by M. of A. KOLB, MONTESANO, FRIEND -- Multi-Sponsored by --
          M. of A.    BARCLAY,  BUTLER,  CROUCH,  FINCH,  FITZPATRICK,  GOODELL,
          HAWLEY,  LOPEZ,  McKEVITT, McLAUGHLIN, OAKS, RAIA, THIELE -- read once
          and referred to the Committee on Corporations, Authorities and Commis-
          sions

        AN ACT to amend the public authorities law, in relation to  the  powers,
          functions  and duties of the New York state public authorities control
          board
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 2 of section 50 of the public authorities law,
     2  as amended by chapter 838 of the laws of 1983, is  amended  to  read  as
     3  follows:
     4    2. The membership of the board shall consist of five persons appointed
     5  by  the  governor,  of which one shall be upon the recommendation of the
     6  temporary president of the senate, one upon the  recommendation  of  the
     7  speaker  of  the  assembly,  one upon the recommendation of the minority
     8  leader of the senate and one upon the  recommendation  of  the  minority
     9  leader  of the assembly. [The members appointed by the governor upon the
    10  recommendation of the minority leader of the  senate  and  the  minority
    11  leader  of the assembly shall be non-voting members whose comments shall
    12  be entered upon any official record of board  proceedings  in  the  same
    13  manner as voting members' comments, unless objection is raised by any of
    14  the  voting  members in which case, notwithstanding any provision of law
    15  to the contrary, such comments by non-voting members  shall  not  be  so
    16  entered.]  The  term of the members first appointed shall continue until
    17  January thirty-first, nineteen hundred seventy-seven,  except  that  the
    18  term  of  the  members  first  appointed upon the recommendations of the
    19  minority leader of the senate and the minority leader  of  the  assembly
    20  shall continue until January thirty-first, nineteen hundred eighty-four,
    21  and  thereafter  their  successors  shall  serve  for a term of one year
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08138-01-7

        A. 5905                             2
 
     1  ending on January thirty-first in each year. Upon recommendation of  the
     2  nominating party, the governor may replace any member in accordance with
     3  the provision contained [herein] in this subdivision for the appointment
     4  of  members. The governor shall designate one of the members to serve as
     5  chairman. The board shall act by [unanimous] a four-fifths vote  of  the
     6  [voting]  members of the board.  Any determination of the board shall be
     7  evidenced by a  certification  thereof  executed  by  all  the  [voting]
     8  members.  Each  member  of  the  board  shall be entitled to designate a
     9  representative to attend meetings of the board in his or her place,  and
    10  to  vote  or  otherwise  act on his or her behalf in his or her absence.
    11  Notice of such designation shall be furnished in writing to the board by
    12  the designating member. A representative shall serve at the pleasure  of
    13  the  designating  member during the member's term of office. A represen-
    14  tative shall not be authorized to delegate any of his or her  duties  or
    15  functions to any other person.
    16    § 2. This act shall take effect immediately.
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