Bill Text: NY A05471 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the New York state thruway authority accountability act; names the commissioner of DOT as chair of the thruway authority board; directs the commissioner of DOT to submit a plan to merge the thruway authority into the department of transportation.
Spectrum: Partisan Bill (Republican 20-0)
Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A05471 Detail]
Download: New_York-2023-A05471-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5471 2023-2024 Regular Sessions IN ASSEMBLY March 10, 2023 ___________ Introduced by M. of A. BARCLAY, McDONOUGH, BLANKENBUSH, DiPIETRO, NORRIS, HAWLEY, PALMESANO, BRABENEC, J. M. GIGLIO, SMULLEN, WALSH, MILLER, MANKTELOW, JENSEN, GALLAHAN, DeSTEFANO, LEMONDES, TAGUE -- Multi-Sponsored by -- M. of A. ANGELINO, K. BROWN -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law and the transportation law, in relation to enacting the New York state thruway authority account- ability act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and be may cited as the "New York 2 state thruway authority accountability act". 3 § 2. Subdivision 1 of section 352 of the public authorities law, as 4 amended by chapter 766 of the laws of 2005, is amended to read as 5 follows: 6 1. (a) A board to be known as "New York state thruway authority" is 7 hereby created. Such board shall be a body corporate and politic consti- 8 tuting a public corporation. It shall consist of seven members appointed 9 by the governor by and with the advice and consent of the senate. [The10members first appointed shall serve for terms ending three, six and nine11years, respectively from January first next succeeding their appoint-12ment. Provided, however, that two board members first appointed on or13after the effective date of the chapter of the laws of two thousand five14which amended this subdivision shall serve an initial term of two years;15provided further that two other board members first appointed on or16after the effective date of the chapter of the laws of two thousand five17which amended this subdivision shall serve an initial term of three18years. Their successors shall be appointed for terms of nine years each.19A member to be designated as chairman in his or her appointment as a20member shall be chairman of such board until his or her term as member21expires.] The commissioner of transportation shall be designated and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03806-01-3A. 5471 2 1 serve ex-officio as the chair of the board until the end of the term of 2 the governor by whom he or she was appointed and until his or her 3 successor is appointed and has qualified. The chairman and the other 4 members shall serve without additional salary or other compensation, but 5 shall be entitled to reimbursement for their actual and necessary 6 expenses incurred in the performance of their official duties. 7 (b) Notwithstanding any other provision of law or the provisions of 8 any appointment by the governor, the terms of all members serving as 9 such as of March thirty-first, two thousand twenty-three, or on the 10 effective date of this paragraph, whichever date is later, shall imme- 11 diately terminate, except that such members shall continue to serve 12 until their successors are appointed and have qualified. 13 (c) Any member appointed shall have experience in one or more of the 14 following areas: transportation, business management, finance, account- 15 ing or management of large capital projects. 16 (d) Two members of the board appointed on or after April first, two 17 thousand twenty-three, shall be appointed to terms of three years; two 18 other members of the board shall be appointed to terms of four years; 19 and two members of the board shall be appointed to terms of five years, 20 provided, however, that such members shall continue to serve after the 21 end of their terms until their successors are appointed and have quali- 22 fied, and provided further that notwithstanding the term to which any 23 such member shall have been appointed such a continuation of the term of 24 a member shall not require confirmation by the senate. 25 § 3. Section 11 of the transportation law, as amended by chapter 460 26 of the laws of 1971, is amended to read as follows: 27 § 11. Department of transportation; commissioner. There shall be in 28 the state government a department of transportation. The head of the 29 department shall be the commissioner of transportation, who shall be 30 appointed by the governor, by and with the advice and consent of the 31 senate, and hold office until the end of the term of the governor by 32 whom he was appointed and until his successor is appointed and has qual- 33 ified. 34 The commissioner of transportation shall have sole charge of the 35 administration of the department and the New York state thruway authori- 36 ty established pursuant to title nine of article two of the public 37 authorities law. The commissioner of transportation shall serve as a 38 member and chair of the thruway authority board established pursuant to 39 section three hundred fifty-two of the public authorities law. 40 § 4. The transportation law is amended by adding a new section 23 to 41 read as follows: 42 § 23. New York state thruway authority administration and oversight. 43 1. The commissioner shall establish a plan to merge the operations of 44 the thruway authority with that of the department and consolidate 45 services where appropriate, provided that no employee of the authority 46 or the department shall be terminated as a consequence of the merger. 47 The commissioner shall submit a report to the governor and legislature 48 within one hundred twenty days of the effective date of this section. 49 The report shall be submitted to the temporary president of the senate, 50 the speaker of the assembly, the minority leader of the senate, the 51 minority leader of the assembly, the chair and ranking minority member 52 of the senate finance committee, the chair and ranking minority member 53 of the assembly ways and means committee, the chairs and ranking minori- 54 ty members of the senate and assembly corporations, authorities and 55 commissions committees, and the chairs and ranking minority members of 56 the senate and assembly transportation committees.A. 5471 3 1 2. (a) The commissioner shall, within sixty days of the effective date 2 of this section, and every three years thereafter, contract with a 3 certified public accounting firm for the provision of an independent, 4 comprehensive, forensic audit of the thruway authority. Such audit shall 5 be performed in accordance with generally accepted government auditing 6 standards. 7 (b) The certified independent public accounting firm providing the 8 independent, comprehensive, forensic audit of the thruway authority 9 shall be prohibited from providing audit services if the lead or coordi- 10 nating audit partner, having primary responsibility for the audit, or 11 the audit partner responsible for reviewing the audit, has performed 12 audit services for the authority within any of the ten previous fiscal 13 years of the authority. 14 (c) The certified independent accounting firm performing the audit 15 pursuant to this section shall be prohibited from performing any non-au- 16 dit services for the authority contemporaneously with the audit. 17 (d) It shall be prohibited for the certified independent public 18 accounting firm to perform any audit service if the chief executive 19 officer, comptroller, chief financial officer, chief accounting officer 20 or any other person serving in an equivalent position in the authority 21 was an employee, consultant or independent contractor of that certified 22 independent public accounting firm and participated in any capacity in 23 the audit of the authority at any time in the past. 24 (e) The certified independent public accounting firm contracted to 25 perform the independent, comprehensive, forensic audit of the thruway 26 authority shall, within one year of the initiation of the contract, 27 report its findings, conclusions and recommendations to the governor, 28 the state comptroller, the temporary president of the senate, the speak- 29 er of the assembly, the minority leader of the senate, the minority 30 leader of the assembly, the chair and ranking minority member of the 31 senate finance committee, the chair and ranking minority member of the 32 assembly ways and means committee, the chairs and ranking minority 33 members of the senate and the assembly corporations, authorities and 34 commissions committees, and the chairs and ranking minority members of 35 the senate and the assembly transportation committees. 36 § 5. Section 360 of the public authorities law, as amended by section 37 8 of part TT of chapter 54 of the laws of 2016, is amended to read as 38 follows: 39 § 360. Operation and maintenance. Operation and maintenance by the 40 authority of any thruway section or connection or any part thereof or of 41 a highway connection of which it has assumed jurisdiction shall be 42 performed (a) by the use of authority forces and equipment at the 43 expense of the authority or by agreement at the expense of the state or 44 other parties; (b) by contract with municipalities or independent 45 contractors; (c) at the request of the [authority] commissioner, by the 46 [commissioner and his subordinates in the department of transportation47as agents for,] authority and at the expense of the authority, or (d) by 48 a combination of such methods. 49 § 6. Section 363 of the public authorities law, as amended by chapter 50 766 of the laws of 1992, is amended to read as follows: 51 § 363. Annual report. The authority shall submit to the governor, to 52 the [legislature, to] speaker of the assembly, the temporary president 53 of the senate, the minority leader of the senate, the minority leader of 54 the assembly, the senate finance committee, the assembly ways and means 55 committee, the comptroller and to the director of the budget on or 56 before the first day of February of each year a detailed report settingA. 5471 4 1 forth its [operations and] fiscal transactions during the preceding 2 calendar year with a statement of its financial condition as of the end 3 of such year and a statement of all receipts and expenditures during 4 such year. Such report shall include detailed information relating to 5 additional expenditures incurred by the authority as a result of the 6 amendments made to subdivision four of section three hundred fifty-nine 7 of this [chapter] title pursuant to the chapter of the laws of nineteen 8 hundred ninety-two which enacted this sentence. 9 § 7. Section 14 of the transportation law is amended by adding a new 10 subdivision 13-a to read as follows: 11 13-a. As part of the department's annual budget request, to include 12 any requests for thruway authority toll increases and justification for 13 such increases. 14 § 8. This act shall take effect immediately.
