|SAME AS||No Same As|
|COSPNSR||Montesano, Friend, Lupinacci, Brabenec|
|MLTSPNSR||Barclay, Butler, Crouch, DiPietro, Finch, Fitzpatrick, Goodell, Hawley, 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.|
|02/17/2017||referred to corporations, authorities and commissions|
|04/25/2017||held for consideration in corporations, authorities and commissions|
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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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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 the10 recommendation of the minority leader of the senate and the minority11 leader of the assembly shall be non-voting members whose comments shall12 be entered upon any official record of board proceedings in the same13 manner as voting members' comments, unless objection is raised by any of14 the voting members in which case, notwithstanding any provision of law15 to the contrary, such comments by non-voting members shall not be so16 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. LBD08138-01-7A. 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.