A00220 Summary:
BILL NO | A00220 |
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SAME AS | SAME AS S01872 |
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SPONSOR | Paulin (MS) |
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COSPNSR | Dinowitz, Seawright, Buchwald, Otis, Abinanti, Galef, Carroll |
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MLTSPNSR | Cook, Crouch |
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Add §6-a, Pub Auth L | |
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Authorizes the authorities budget office to suspend local authority board members and executive staff for failure to submit any report required by public authorities law section 2800. |
A00220 Actions:
BILL NO | A00220 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/09/2019 | referred to corporations, authorities and commissions | |||||||||||||||||||||||||||||||||||||||||||||||||
02/12/2019 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/12/2019 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
03/14/2019 | advanced to third reading cal.124 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/18/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
03/18/2019 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
03/18/2019 | REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
04/10/2019 | SUBSTITUTED FOR S1872 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/10/2019 | 3RD READING CAL.105 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/10/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
04/10/2019 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
08/12/2019 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
08/22/2019 | signed chap.181 |
A00220 Committee Votes:
Paulin | Aye | Lawrence | Aye | ||||||
Cook | Aye | Blankenbush | Aye | ||||||
Galef | Aye | Friend | Aye | ||||||
Rodriguez | Excused | Malliotakis | Aye | ||||||
Quart | Aye | Palmesano | Aye | ||||||
Otis | Aye | Lalor | Aye | ||||||
Rozic | Aye | LiPetri | Aye | ||||||
Kim | Excused | ||||||||
Buchwald | Aye | ||||||||
Seawright | Aye | ||||||||
Dilan | Aye | ||||||||
Richardson | Aye | ||||||||
De La Rosa | Aye | ||||||||
Pheffer Amato | Aye | ||||||||
Vanel | Aye | ||||||||
Carroll | Aye | ||||||||
Niou | Aye | ||||||||
Fall | Aye | ||||||||
Jean-Pierre | Aye | ||||||||
Lentol | Aye | Ra | Aye | ||||||
Schimminger | Aye | Giglio | Aye | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Cook | Aye | Morinello | Aye | ||||||
Cymbrowitz | Aye | Palumbo | Aye | ||||||
O'Donnell | Aye | Garbarino | Aye | ||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Aye | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Hevesi | Aye | ||||||||
Fahy | Aye | ||||||||
Seawright | Aye | ||||||||
Rosenthal | Excused | ||||||||
Go to top
A00220 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
ER
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
ER
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
ER
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
ER
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
ER
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A00220 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A220 SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the public authorities law, in relation to authorizing the authorities budget office to suspend local authority board members and executive staff   PURPOSE OR GENERAL IDEA OF BILL: To authorize the Authorities Budget Office to suspend local authority board members and chief executive officers that are substantially delin- quent in filing required reports.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the public authorities law to allow the Authorities Budget Office (ABO) to suspend local authority board members or chief executive officers that have failed to file the reports required under the public authorities law for more than three years after the due date. This section also establishes the procedures the ABO must follow in order to issue a suspension, which include notification and an explana- tion of the failure to file a required report. The notification proce- dures would include: *the issuance of a notice of intent to suspend, informing the board member(s) or CFO that the local authority has 30 days to remedy the non-compliance; and *in the event the board member(s) or CEO fails to respond to the notice, the issuance of a notice of suspension, which shall give the local authority 180 days to comply prior to suspension. Finally, this section authorizes the appointing authority, typically a local municipal official or legislative body, to reinstate a suspended board member. This section also authorizes the chairperson of a local authority to reinstate a suspended chief executive officer. In both instances, the facts and circumstances by how this decision was reached would be available to the public. Section two provides the effective date.   JUSTIFICATION: This bill would authorize the Authorities Budget Office (ABO) to suspend local authority board members and chief executive officers (CEOs) who have failed to file the reports that are annually required under the Public Authorities Law. Reports are due 90 days after the end of the authority's fiscal year. Currently, the ABO is only authorized to make recommendations and issue a public censure letter. Each year the ABO publishes a report listing authorities that are delin- quent in these filings. Many of these authorities are only a few months overdue and the filings are made, if not on time at least soon after they are due. However, there are some authorities that have not filed for years, and these are the authorities that this bill captures. The current lack of strong enforcement measures has led some authorities to ignore this filing requirement knowing that they can do so with impuni- ty. By closing this gap in the ABO's enforcement powers, authority board members and CEOs can be held directly accountable for long term violations of filing requirements they are obligated to follow. This bill includes a public suspension process which would shine a light on authorities that are not otherwise providing information to which the public is entitled. As of February 2018, 129 local authorities failed to file reports with the ABC required by the Public Authorities Law. This includes annual reports and audit reports which are important documents to assure the public that a local authority is fulfilling its mission and remains accountable to the public they serve.   PRIOR LEGISLATIVE HISTORY: A.9999-A of 2018, passed assembly. Same as S.7749 of 2018, referred to corporations, authorities and commissions. A.3614 of 2017, referred to corporations, authorities and commissions. A.7744-A of 2015 and 2016, referred to codes. Same as S.7878, committed to rules.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Effective on the ninetieth day after it shall have become law.
A00220 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 220 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, BUCHWALD -- Multi- Sponsored by -- M. of A. COOK, CROUCH -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to authorizing the authorities budget office to suspend local authority board members and executive staff The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public authorities law is amended by adding a new 2 section 6-a to read as follows: 3 § 6-a. Power to suspend local authority board members and executive 4 staff. 1. The authorities budget office shall have the authority, 5 subject to subdivision two of this section, to suspend one or more 6 members of a local authority board of directors, or the chief executive 7 officer or equivalent position of a local authority for a period not to 8 exceed ninety days when such individual or individuals knowingly fails 9 or neglects to submit any report required by section twenty-eight 10 hundred of this chapter within thirty-six months of its due date. The 11 authorities budget office is authorized to terminate such a suspension 12 if the board member or chief executive officer demonstrates that he or 13 she has remedied their non-compliance. For the purposes of this section, 14 the "suspension" of an individual shall mean the temporary removal of 15 the rights, responsibilities, powers and duties of a person who is an 16 appointed board member of a local authority or the individual who serves 17 as chief executive officer through appointment or contract. Should the 18 authorities budget office suspend the full board of directors or a 19 majority of current board members the term "suspension" shall mean the 20 board of directors is prohibited from taking actions, votes, or adopting 21 resolutions, that bind the board to future agreements, contracts, finan- 22 cial commitments, indebtedness, or other actions, other than actions EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04270-01-9A. 220 2 1 necessary to resolve the noncompliance or satisfy existing legal or 2 administrative obligations. 3 2. (a) Pursuant to policies and procedures developed by the authori- 4 ties budget office and made available on its website, when the authori- 5 ties budget office has reason to believe that one or more board members 6 of a local authority has knowingly failed or neglected to submit any 7 report required by section twenty-eight hundred of this chapter within 8 thirty-six months of its due date, the authorities budget office shall 9 provide at least thirty days' notice of its intent to initiate suspen- 10 sion proceedings to the chairperson of the local authority, to the indi- 11 vidual or individuals responsible for appointing such board members, and 12 to each such board member. If the authorities budget office has reason 13 to believe that the chief executive officer of a local authority has 14 knowingly failed or neglected to submit any report required by section 15 twenty-eight hundred of this chapter within thirty-six months of its due 16 date, the authorities budget office shall provide at least thirty days' 17 notice of its intent to initiate suspension proceedings to the chair- 18 person of the local authority and to the chief executive officer. Such 19 notice shall include, but shall not be limited to (i) the date and a 20 brief description of the facts and nature of each non-compliance for 21 which such suspension is proposed; (ii) the number of days that the 22 authorities budget office proposes to suspend such board member or chief 23 executive officer; (iii) the option to submit a formal response to the 24 authorities budget office which demonstrates why such board member or 25 chief executive officer should not be suspended; and (iv) if applicable, 26 a period of time in which such local authority or board member or chief 27 executive officer may remedy the non-compliance. 28 (b) If, after the expiration of the deadline set forth in the notice 29 of intent pursuant to subparagraph (iv) of paragraph (a) of this subdi- 30 vision, the board member or members or chief executive officer, whichev- 31 er is applicable, has not responded to the notice or has not remedied 32 the non-compliance to the satisfaction of the authorities budget office, 33 the authorities budget office shall issue to the non-compliant board 34 member or members or chief executive officer a notice of suspension 35 which shall include: (i) the number of days of suspension; and (ii) the 36 date that such suspension shall commence, which date shall be at least 37 one hundred eighty days from the date of the issuance of the notice of 38 suspension. 39 3. (a) Whenever the authorities budget office has suspended one or 40 more board members of a local authority, the individual or individuals 41 who appointed those board members may act to reinstate a suspended board 42 member. If the appointing authority is a legislative body or a member of 43 the legislative body, any action to reinstate a suspended board member 44 shall occur in a public meeting of such body and following an opportu- 45 nity for the public to comment. Such action shall be deemed valid upon 46 passage of a written resolution of reinstatement by a majority and 47 recorded vote of the legislative body. Such resolution shall describe 48 the facts and circumstances by which the legislative body has reached 49 this determination. If the appointing authority is the chief executive 50 official of the municipality for whose benefit the local authority was 51 created, any action to reinstate a suspended board member shall be 52 through an official act of the chief executive official. Such act shall 53 be recorded in writing and shall describe the facts and circumstances by 54 which the chief executive official reached this determination. 55 (b) Whenever the authorities budget office has suspended the chief 56 executive officer of a local authority, the chairperson of such localA. 220 3 1 authority may initiate action to reinstate the suspended chief executive 2 officer. Any action to reinstate a suspended chief executive officer 3 shall occur in a public meeting of the board of directors and following 4 an opportunity for the public to comment. Such action shall be deemed 5 valid upon passage of a written resolution of reinstatement by a majori- 6 ty and recorded vote of the current board of directors. Such resolution 7 shall describe the facts and circumstances by which the board of direc- 8 tors reached this determination. 9 (c) For the purposes of this section, "reinstatement" shall mean the 10 restoration of the rights, responsibilities, powers and duties of a 11 board member or chief executive officer of a local authority. 12 § 2. This act shall take effect on the ninetieth day after it shall 13 have become a law.
A00220 LFIN:
  | NO LFIN |
A00220 Chamber Video/Transcript:
3-18-19 | Video (@ 00:08:55) | Transcript pdf | Transcript html |