BILL NO A04746
SAME AS No same as
SPONSOR Kolb (MS)
COSPNSR Tedisco, Castelli, Murray, Montesano
MLTSPNSR Amedore, Barclay, Burling, Butler, Conte, Crouch, Duprey, Finch,
Fitzpatrick, Goodell, Hawley, Hayes, Lopez P, McKevitt, McLaughlin,
Miller J, Molinaro, Oaks, Rabbitt, Raia, Reilich, Saladino, Sayward,
Tenney, Thiele
Amd SS51 & 50, Pub Auth L
Relates to the powers, functions and duties of the New York state public
authorities control board; provides that minority members of the public
authorities control board shall have voting privileges and shall act upon a
four-fifths vote.
BILL NO A04746
02/07/2011 referred to corporations, authorities and commissions
01/04/2012 referred to corporations, authorities and commissions
05/15/2012 held for consideration in corporations, authorities and commissions
S T A T E O F N E W Y O R K
________________________________________________________________________
4746
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
___________
Introduced by M. of A. KOLB, TEDISCO, CASTELLI, MURRAY -- Multi-Spon-
sored by -- M. of A. AMEDORE, BARCLAY, BURLING, BUTLER, CONTE,
CROUCH, DUPREY, FINCH, FITZPATRICK, HAWLEY, HAYES, P. LOPEZ, McKEVITT,
J. MILLER, MOLINARO, OAKS, RABBITT, RAIA, REILICH, SALADINO, SAYWARD,
THIELE -- read once and referred to the Committee on Corporations,
Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the powers,
functions and duties of the New York state 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. Subdivision 4 of section 51 of the public authorities law,
2 as added by chapter 838 of the laws of 1983, is amended to read as
3 follows:
4 4. Notwithstanding any other provisions of this section, the require-
5 ments of subdivisions one, two and three of this section shall not apply
6 with regard to any project FOR WHICH THE LEGISLATURE HAS APPROPRIATE
7 FUNDS SPECIFICALLY FOR SUCH PROJECT AND IN AN AMOUNT SUFFICIENT TO
8 FINANCE SUCH PROJECT, ANY PROJECT of the New York state environmental
9 facilities corporation, the New York state housing finance agency, the
10 New York state medical care facilities finance agency or the dormitory
11 authority in progress on the first day of April, nineteen hundred seven-
12 ty-six, with regard to any project of the New York state project finance
13 agency or the New York state urban development corporation in progress
14 on the first day of April, nineteen hundred seventy-eight, with regard
15 to any project of the job development authority or the battery park city
16 authority in progress on the first day of July, nineteen hundred eighty,
17 and with regard to a project of any other public benefit corporation
18 subject to the provisions of this section in progress on the first day
19 of July, nineteen hundred eighty-three, as determined by the New York
20 state public authorities control board whose affirmative determination
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05160-01-1
A. 4746 2
1 shall be conclusive as to all matters of law and fact for the purpose of
2 the limitations of this section.
3 S 2. Subdivision 2 of section 50 of the public authorities law, as
4 amended by chapter 838 of the laws of 1983, is amended to read as
5 follows:
6 2. The membership of the board shall consist of five persons appointed
7 by the governor, of which one shall be upon the recommendation of the
8 temporary president of the senate, one upon the recommendation of the
9 speaker of the assembly, one upon the recommendation of the minority
10 leader of the senate and one upon the recommendation of the minority
11 leader of the assembly. [The members appointed by the governor upon the
12 recommendation of the minority leader of the senate and the minority
13 leader of the assembly shall be non-voting members whose comments shall
14 be entered upon any official record of board proceedings in the same
15 manner as voting members' comments, unless objection is raised by any of
16 the voting members in which case, notwithstanding any provision of law
17 to the contrary, such comments by non-voting members shall not be so
18 entered.] The term of the members first appointed shall continue until
19 January thirty-first, nineteen hundred seventy-seven, except that the
20 term of the members first appointed upon the recommendations of the
21 minority leader of the senate and the minority leader of the assembly
22 shall continue until January thirty-first, nineteen hundred eighty-four,
23 and thereafter their successors shall serve for a term of one year
24 ending on January thirty-first in each year. Upon recommendation of the
25 nominating party, the governor may replace any member in accordance with
26 the provision contained [herein] IN THIS SUBDIVISION for the appointment
27 of members. The governor shall designate one of the members to serve as
28 chairman. The board shall act by [unanimous] A FOUR-FIFTHS vote of the
29 [voting] members of the board. Any determination of the board shall be
30 evidenced by a certification thereof executed by all the [voting]
31 members. Each member of the board shall be entitled to designate a
32 representative to attend meetings of the board in his OR HER place, and
33 to vote or otherwise act on his OR HER behalf in his OR HER absence.
34 Notice of such designation shall be furnished in writing to the board by
35 the designating member. A representative shall serve at the pleasure of
36 the designating member during the member's term of office. A represen-
37 tative shall not be authorized to delegate any of his OR HER duties or
38 functions to any other person.
39 S 3. This act shall take effect immediately.
