Bill Text: NY A03114 | 2009-2010 | General Assembly | Amended


Bill Title: Establishes a temporary state commission to be known as the commission on public authority reform to study and investigate reducing the number of public authorities and their subsidiaries in New York state; requires reporting; appropriates $100,000 therefor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-15 - held for consideration in corporations, authorities and commissions [A03114 Detail]

Download: New_York-2009-A03114-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3114--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced  by  M.  of  A.  SCHROEDER  --  read once and referred to the
         Committee on Corporations, Authorities and Commissions --  recommitted
         to  the  Committee  on  Corporations,  Authorities  and Commissions in
         accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT establishing a temporary state commission to study  and  investi-
         gate  reducing the number of public authorities and their subsidiaries
         in the state of  New  York;  making  an  appropriation  therefor;  and
         providing for the repeal of such provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. A temporary state commission, to be known as the commission
    2  on public authority reform, hereafter referred to as the commission,  is
    3  hereby   created  to  investigate,  evaluate  and  make  recommendations
    4  concerning  the  scope  and  effectiveness  involving  the  elimination,
    5  dissolution,  consolidation  or  merger  of public authorities and their
    6  subsidiaries in the state of New York.
    7    S 2. (a) The commission shall  consist  of  thirteen  members,  to  be
    8  appointed  as  follows:  three  members to be appointed by the governor;
    9  three members to be appointed by the temporary president of the  senate;
   10  three members to be appointed by the speaker of the assembly; one member
   11  to  be  appointed by the minority leader of the senate; one member to be
   12  appointed by the minority leader of the assembly; one  member  shall  be
   13  appointed  by  the comptroller, and one member shall be appointed by the
   14  attorney general. The appointees shall have  demonstrated  expertise  in
   15  the  development and financing of public authorities. The governor shall
   16  designate  the  chairperson  and  vice-chairperson  of  the  commission.
   17  Vacancies  in  the  membership  of the commission and among its officers
   18  shall be filled in the manner  provided  for  original  appointments  or
   19  designations.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03163-03-0
       A. 3114--A                          2
    1    (b)  The  members  of the commission shall receive no compensation for
    2  their services, but shall be allowed their actual and necessary expenses
    3  incurred in the performance of their duties under this act. The  commis-
    4  sion  may  employ  and  at pleasure remove such personnel as it may deem
    5  necessary  for  the  performance  of its functions and fix their compen-
    6  sation within the amounts made available by appropriation therefor.
    7    (c) The New York state public authorities control board shall  provide
    8  the  commission such facilities, assistance, and data as will enable the
    9  commission to carry out its powers and duties. Additionally,  all  other
   10  departments  or  agencies of the state or subdivisions thereof shall, at
   11  the request of the chairperson, provide the commission such  facilities,
   12  assistance,  and  data  as  will  enable the commission to carry out its
   13  powers and duties.
   14    S 3. Specifically  the  commission  shall  investigate  at  least  the
   15  following:
   16    (a)  the opportunities for the elimination, dissolution, consolidation
   17  or merger of public authorities and their subsidiaries in the  state  of
   18  New York; and
   19    (b)  reducing  the  number  of  all existing public authorities in the
   20  state of New York by fifty percent and reducing the number of all exist-
   21  ing subsidiaries in the state of New York by seventy-five percent.
   22    S 4. (a) For the accomplishment of its purposes,  the  commission  may
   23  meet  and  hold  public  and/or  private  hearings within or without the
   24  state, and shall have all the powers of a legislative committee pursuant
   25  to the legislative law. The commission is authorized  and  empowered  to
   26  undertake  any studies, inquiries, surveys or analyses it may deem rele-
   27  vant through its own personnel or in cooperation with  or  by  agreement
   28  with any other public or private agency.
   29    (b)  To  the  maximum  extent feasible, the commission may request and
   30  shall be entitled to receive and shall utilize and be provided with such
   31  facilities, resources and data from any court in the state and from  any
   32  subdivision,  department,  board,  bureau, commission, office, agency or
   33  other instrumentality of the state or of any political subdivision ther-
   34  eof as it deems necessary or desirable for the proper execution  of  its
   35  powers and duties and to effectuate the purposes set forth in this act.
   36    (c)  The  commission  is hereby authorized and empowered to enter into
   37  any agreements and to do and perform any acts  that  may  be  necessary,
   38  desirable  or  proper  to  carry out the purposes and objectives of this
   39  act.
   40    S 5. The commission shall make recommendations and  a  report  of  its
   41  findings.  The  commission  shall submit such recommendations and report
   42  developed by it relating to issues involving  the  elimination,  dissol-
   43  ution,  consolidation  or merger of public authorities and their subsid-
   44  iaries in the state of  New  York,  including  any  recommendations  for
   45  legislative  action  as  it  may  deem necessary and appropriate, to the
   46  governor, the temporary president of the senate and the speaker  of  the
   47  assembly no later than the thirty-first day of December in the year next
   48  succeeding  the  year  in  which  this act shall have become a law.  The
   49  commission shall issue a binding recommendation which shall be presented
   50  to the legislature to completely accept or reject such recommendation.
   51    S 6. The sum of one hundred thousand dollars ($100,000),  or  so  much
   52  thereof  as may be necessary, is hereby appropriated to pay the expenses
   53  incurred, including personal service, in carrying out the provisions  of
   54  this  act. Such moneys shall be payable out of the state treasury in the
   55  general fund to the credit of the state purposes account after audit  by
   56  and  on  the  warrant  of  the  comptroller  upon  vouchers certified or
       A. 3114--A                          3
    1  approved by the chairperson or vice-chairperson  of  the  commission  as
    2  prescribed by law.
    3    S  7.  This  act  shall  take  effect  immediately;  provided that the
    4  provisions of this act shall expire and be deemed repealed on the  first
    5  day next succeeding the date of the submission of the report as required
    6  in  section  five  of  this act; and provided further, however, that the
    7  chairperson of the temporary commission on public authority reform shall
    8  notify the legislative bill drafting commission upon the  submission  of
    9  its report as provided for in section five of this act in order that the
   10  commission  may  maintain  an accurate and timely effective data base of
   11  the official text of the laws of the state of New York in furtherance of
   12  effecting the provisions of  section  44  of  the  legislative  law  and
   13  section 70-b of the public officers law.
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