Bill Text: NY A08878 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the public authorities control board; grants voting power on the board to the minority leaders of each of the legislative houses; disallows members designation of representatives; requires forfeiture of governmental employment with the board.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-01 - held for consideration in corporations, authorities and commissions [A08878 Detail]

Download: New_York-2011-A08878-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8878
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN  ACT  to  amend the public authorities law, in relation to the public
         authorities control board
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions 2 and 3 of section 50 of the public authori-
    2  ties law, subdivision 2 as amended by chapter 838 of the  laws  of  1983
    3  and  subdivision  3  as  amended by chapter 809 of the laws of 1982, are
    4  amended to read as follows:
    5    2. The membership of the board shall consist of five persons appointed
    6  by the governor, of which one shall be upon the  recommendation  of  the
    7  temporary  president  of  the senate, one upon the recommendation of the
    8  speaker of the assembly, one upon the  recommendation  of  the  minority
    9  leader  of  the  senate  and one upon the recommendation of the minority
   10  leader of the assembly. [The members appointed by the governor upon  the
   11  recommendation  of  the  minority  leader of the senate and the minority
   12  leader of the assembly shall be non-voting members whose comments  shall
   13  be  entered  upon  any  official record of board proceedings in the same
   14  manner as voting members' comments, unless objection is raised by any of
   15  the voting members in which case, notwithstanding any provision  of  law
   16  to  the  contrary,  such  comments by non-voting members shall not be so
   17  entered.] The term of the members first appointed shall  continue  until
   18  January  thirty-first,  nineteen  hundred seventy-seven, except that the
   19  term of the members first appointed  upon  the  recommendations  of  the
   20  minority  leader  of  the senate and the minority leader of the assembly
   21  shall continue until January thirty-first, nineteen hundred eighty-four,
   22  and thereafter their successors shall serve  for  a  term  of  one  year
   23  ending  on January thirty-first in each year. Upon recommendation of the
   24  nominating party, the governor may replace any member in accordance with
   25  the provision contained herein  for  the  appointment  of  members.  The
   26  governor  shall  designate  one of the members to serve as chairman. The
   27  board shall act by unanimous vote of the voting members  of  the  board.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13471-01-1
       A. 8878                             2
    1  Any  determination  of  the  board shall be evidenced by a certification
    2  thereof executed by all the voting members. [Each member  of  the  board
    3  shall  be  entitled  to designate a representative to attend meetings of
    4  the  board  in  his place, and to vote or otherwise act on his behalf in
    5  his absence. Notice of such designation shall be furnished in writing to
    6  the board by the designating member. A representative shall serve at the
    7  pleasure of the designating member during the member's term of office. A
    8  representative shall not be authorized to delegate any of his duties  or
    9  functions to any other person.]
   10    3.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
   11  special or local, [no] ANY officer or employee  of  the  state,  of  any
   12  political subdivision of the state, of any governmental entity operating
   13  any public school or college or of any other public agency or instrumen-
   14  tality  or  unit of government which exercises governmental powers under
   15  the laws of the state, shall forfeit such office or employment by reason
   16  of acceptance or appointment as  a  member,  [representative,]  officer,
   17  employee or agent of the board [nor shall service as such member, repre-
   18  sentative,  officer,  employee or agent of the board be deemed incompat-
   19  ible or in conflict with such office or employment]. The members, [their
   20  representatives,] officers and  staff  to  the  board  shall  be  deemed
   21  employees within the meaning of section seventeen of the public officers
   22  law.
   23    S 2. This act shall take effect immediately.