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A00220 Summary:

BILL NOA00220
 
SAME ASSAME AS S01872
 
SPONSORPaulin (MS)
 
COSPNSRDinowitz, Seawright, Buchwald, Otis, Abinanti, Galef, Carroll
 
MLTSPNSRCook, Crouch
 
Add §6-a, Pub Auth L
 
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.
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A00220 Actions:

BILL NOA00220
 
01/09/2019referred to corporations, authorities and commissions
02/12/2019reported referred to codes
03/12/2019reported
03/14/2019advanced to third reading cal.124
03/18/2019passed assembly
03/18/2019delivered to senate
03/18/2019REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
04/10/2019SUBSTITUTED FOR S1872
04/10/20193RD READING CAL.105
04/10/2019PASSED SENATE
04/10/2019RETURNED TO ASSEMBLY
08/12/2019delivered to governor
08/22/2019signed chap.181
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A00220 Committee Votes:

CORPORATIONS, AUTHORITIES AND COMMISSIONS Chair:Paulin DATE:02/12/2019AYE/NAY:24/0 Action: Favorable refer to committee Codes
PaulinAyeLawrenceAye
CookAyeBlankenbushAye
GalefAyeFriendAye
RodriguezExcusedMalliotakisAye
QuartAyePalmesanoAye
OtisAyeLalorAye
RozicAyeLiPetriAye
KimExcused
BuchwaldAye
SeawrightAye
DilanAye
RichardsonAye
De La RosaAye
Pheffer AmatoAye
VanelAye
CarrollAye
NiouAye
FallAye
Jean-PierreAye

CODES Chair:Lentol DATE:03/12/2019AYE/NAY:21/0 Action: Favorable
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalExcused

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A00220 Floor Votes:

DATE:03/18/2019Assembly Vote  YEA/NAY: 143/0
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
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A00220 Memo:

NEW 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.
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A00220 Text:



 
                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.
                                                                   LBD04270-01-9

        A. 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 local

        A. 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.
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A00220 LFIN:

 NO LFIN
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A00220 Chamber Video/Transcript:

3-18-19Video (@ 00:08:55)Transcript pdf Transcript html
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