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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 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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