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A09999 Summary:

BILL NO	A09999A

SAME AS	SAME AS S07749

SPONSOR	Paulin (MS)

COSPNSR	Dinowitz, Seawright, Buchwald

MLTSPNSR	Cook, 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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A09999 Actions:

BILL NO

A09999A

03/07/2018

referred to corporations, authorities and commissions

05/14/2018

reported referred to codes

05/25/2018

amend and recommit to codes

05/25/2018

print number 9999a

06/05/2018

reported referred to rules

06/11/2018

reported

06/12/2018

rules report cal.116

06/12/2018

ordered to third reading rules cal.116

06/13/2018

passed assembly

06/13/2018

delivered to senate

06/13/2018

REFERRED TO RULES

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A09999 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Paulin      
DATE:05/14/2018AYE/NAY:22/0  Action: Favorable refer to committee Codes        Paulin Aye Lawrence Aye 
Cook Aye Blankenbush Aye 
Galef Aye Friend Aye 
Jenne Aye Malliotakis Aye 
Rodriguez Aye Palmesano Aye 
Abinanti Aye Montesano Aye 
Quart Aye Lalor Absent 
Otis Aye 
Rozic Aye 
Kim Excused 
Buchwald Aye 
Seawright Aye 
Dilan Aye 
Richardson Absent 
De La Rosa Aye 
Pheffer Amato Aye 
Vanel Absent 
Carroll Aye 
Espinal Aye 

Committee:CODES   Chair:Lentol      
DATE:06/05/2018AYE/NAY:22/0  Action: Favorable refer to committee Rules        Lentol Aye Curran Aye 
Schimminger Aye Giglio Aye 
Pretlow Aye Montesano Aye 
Cook Aye Morinello Aye 
Cymbrowitz Aye Palumbo Aye 
Titus Aye Garbarino Aye 
O'Donnell Aye 
Lavine Aye 
Perry Aye 
Zebrowski Aye 
Abinanti Aye 
Weprin Aye 
Mosley Aye 
Hevesi Aye 
Fahy Aye 
Seawright Aye 

Committee:RULES   Chair:Heastie      
DATE:06/11/2018AYE/NAY:29/0  Action: Favorable         Heastie Aye Kolb Aye 
Gottfried Aye Oaks Aye 
Lentol Aye Butler Aye 
Gantt Excused Crouch Aye 
Nolan Excused Finch Aye 
Weinstein Aye Barclay Aye 
Hooper Aye Raia Aye 
Ortiz Aye Hawley Aye 
Pretlow Aye 
Cook Aye 
Glick Aye 
Morelle Aye 
Aubry Aye 
Englebright Aye 
Dinowitz Aye 
Colton Aye 
Magnarelli Aye 
Perry Aye 
Galef Aye 
Paulin Aye 
Titus Aye 
Peoples-Stokes Aye 
Benedetto Aye

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A09999 Floor Votes:

Yes

Abbate

Yes

Cook

Yes

Garbarino

Yes

Lupardo

Yes

Pellegrino

Yes

Stec

Yes

Abinanti

Crespo

Yes

Giglio

Yes

Magee

Yes

Peoples-Stokes

Yes

Steck

Yes

Arroyo

Yes

Crouch

Yes

Glick

Yes

Magnarelli

Yes

Perry

Yes

Stern

Yes

Ashby

Yes

Curran

Yes

Goodell

Yes

Malliotakis

Yes

Pheffer Amato

Yes

Stirpe

Yes

Aubry

Yes

Cusick

Yes

Gottfried

Yes

McDonald

Pichardo

Yes

Tague

Yes

Barclay

Yes

Cymbrowitz

Yes

Gunther

Yes

McDonough

Yes

Pretlow

Yes

Taylor

Yes

Barnwell

Yes

Davila

Yes

Hawley

Yes

Mikulin

Yes

Quart

Yes

Thiele

Yes

Barrett

Yes

De La Rosa

Hevesi

Yes

Miller B

Yes

Titone

Yes

Barron

Yes

DenDekker

Yes

Hikind

Yes

Miller MG

Yes

Raia

Yes

Titus

Yes

Benedetto

Yes

Dickens

Yes

Hooper

Yes

Miller ML

Yes

Ramos

Vanel

Yes

Bichotte

Yes

Dilan

Yes

Hunter

Yes

Montesano

Yes

Richardson

Yes

Walker

Blake

Yes

Dinowitz

Yes

Hyndman

Yes

Morelle

Yes

Rivera

Yes

Wallace

Yes

Blankenbush

Yes

DiPietro

Yes

Jaffee

Yes

Morinello

Rodriguez

Yes

Walsh

Yes

Bohen

Yes

D'Urso

Yes

Jean-Pierre

Yes

Mosley

Yes

Rosenthal D

Yes

Walter

Yes

Brabenec

Yes

Englebright

Yes

Jenne

Yes

Murray

Yes

Rosenthal L

Yes

Weinstein

Yes

Braunstein

Yes

Epstein

Yes

Johns

Yes

Niou

Yes

Rozic

Yes

Weprin

Yes

Brindisi

Yes

Errigo

Yes

Jones

Yes

Nolan

Yes

Ryan

Yes

Williams

Yes

Bronson

Yes

Espinal

Yes

Joyner

Yes

Norris

Yes

Santabarbara

Yes

Woerner

Yes

Buchwald

Yes

Fahy

Yes

Kim

Yes

Oaks

Yes

Schimminger

Yes

Wright

Yes

Butler

Yes

Fernandez

Yes

Kolb

Yes

O'Donnell

Yes

Seawright

Yes

Zebrowski

Yes

Byrne

Yes

Finch

Lalor

Yes

Ortiz

Yes

Simon

Yes

Mr. Speaker

Yes

Cahill

Yes

Fitzpatrick

Yes

Lavine

Yes

Otis

Yes

Simotas

Yes

Carroll

Yes

Friend

Yes

Lawrence

Yes

Palmesano

Yes

Skoufis

Yes

Castorina

Yes

Galef

Yes

Lentol

Yes

Palumbo

Yes

Smith

Yes

Colton

Gantt

Yes

Lifton

Yes

Paulin

Yes

Solages

‡ Indicates voting via videoconference

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A09999 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9999--A
 
                   IN ASSEMBLY
 
                                      March 7, 2018
                                       ___________
 
        Introduced  by  M. of A. PAULIN, DINOWITZ, SEAWRIGHT, BUCHWALD -- Multi-
          Sponsored by -- M. of A. COOK, CROUCH -- read once and referred to the
          Committee on Corporations, Authorities and Commissions -- reported and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 6-a to read as follows:
     3    §  6-a.  Power  to suspend local authority board members and executive
     4  staff. 1. The  authorities  budget  office  shall  have  the  authority,
     5  subject  to  subdivision  two  of  this  section, to suspend one or more
     6  members of a local authority board of directors, or the chief  executive
     7  officer  or equivalent position of a local authority for a period not to
     8  exceed ninety days when such individual or individuals  knowingly  fails
     9  or  neglects  to  submit  any  report  required  by section twenty-eight
    10  hundred of this chapter within thirty-six months of its  due  date.  The
    11  authorities  budget  office is authorized to terminate such a suspension
    12  if the board member or chief executive officer demonstrates that  he  or
    13  she has remedied their non-compliance. For the purposes of this section,
    14  the  "suspension"  of  an individual shall mean the temporary removal of
    15  the rights, responsibilities, powers and duties of a person  who  is  an
    16  appointed board member of a local authority or the individual who serves
    17  as  chief  executive officer through appointment or contract. Should the
    18  authorities budget office suspend the  full  board  of  directors  or  a
    19  majority  of  current board members the term "suspension" shall mean the
    20  board of directors is prohibited from taking actions, votes, or adopting
    21  resolutions, that bind the board to future agreements, contracts, finan-
    22  cial commitments, indebtedness, or other  actions,  other  than  actions
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07597-02-8

        A. 9999--A                          2
 
     1  necessary  to  resolve  the  noncompliance  or satisfy existing legal or
     2  administrative obligations.
     3    2.  (a)  Pursuant to policies and procedures developed by the authori-
     4  ties budget office and made available on its website, when the  authori-
     5  ties  budget office has reason to believe that one or more board members
     6  of a local authority has knowingly failed or  neglected  to  submit  any
     7  report  required  by section twenty-eight hundred of this chapter within
     8  thirty-six months of its due date, the authorities budget  office  shall
     9  provide  at  least thirty days' notice of its intent to initiate suspen-
    10  sion proceedings to the chairperson of the local authority, to the indi-
    11  vidual or individuals responsible for appointing such board members, and
    12  to each such board member. If the authorities budget office  has  reason
    13  to  believe  that  the  chief executive officer of a local authority has
    14  knowingly failed or neglected to submit any report required  by  section
    15  twenty-eight hundred of this chapter within thirty-six months of its due
    16  date,  the authorities budget office shall provide at least thirty days'
    17  notice of its intent to initiate suspension proceedings  to  the  chair-
    18  person  of  the local authority and to the chief executive officer. Such
    19  notice shall include, but shall not be limited to (i)  the  date  and  a
    20  brief  description  of  the  facts and nature of each non-compliance for
    21  which such suspension is proposed; (ii) the  number  of  days  that  the
    22  authorities budget office proposes to suspend such board member or chief
    23  executive  officer;  (iii) the option to submit a formal response to the
    24  authorities budget office which demonstrates why such  board  member  or
    25  chief executive officer should not be suspended; and (iv) if applicable,
    26  a  period of time in which such local authority or board member or chief
    27  executive officer may remedy the non-compliance.
    28    (b) If, after the expiration of the deadline set forth in  the  notice
    29  of  intent pursuant to subparagraph (iv) of paragraph (a) of this subdi-
    30  vision, the board member or members or chief executive officer, whichev-
    31  er is applicable, has not responded to the notice or  has  not  remedied
    32  the non-compliance to the satisfaction of the authorities budget office,
    33  the  authorities  budget  office  shall issue to the non-compliant board
    34  member or members or chief executive  officer  a  notice  of  suspension
    35  which  shall include: (i) the number of days of suspension; and (ii) the
    36  date that such suspension shall commence, which date shall be  at  least
    37  one  hundred  eighty days from the date of the issuance of the notice of
    38  suspension.
    39    3. (a) Whenever the authorities budget office  has  suspended  one  or
    40  more  board  members of a local authority, the individual or individuals
    41  who appointed those board members may act to reinstate a suspended board
    42  member. If the appointing authority is a legislative body or a member of
    43  the legislative body, any action to reinstate a suspended  board  member
    44  shall  occur  in a public meeting of such body and following an opportu-
    45  nity for the public to comment. Such action shall be deemed  valid  upon
    46  passage  of  a  written  resolution  of  reinstatement by a majority and
    47  recorded vote of the legislative body. Such  resolution  shall  describe
    48  the  facts  and  circumstances by which the legislative body has reached
    49  this determination. If the appointing authority is the  chief  executive
    50  official  of  the municipality for whose benefit the local authority was
    51  created, any action to reinstate  a  suspended  board  member  shall  be
    52  through  an official act of the chief executive official. Such act shall
    53  be recorded in writing and shall describe the facts and circumstances by
    54  which the chief executive official reached this determination.
    55    (b) Whenever the authorities budget office  has  suspended  the  chief
    56  executive  officer  of  a local authority, the chairperson of such local

        A. 9999--A                          3
 
     1  authority may initiate action to reinstate the suspended chief executive
     2  officer. Any action to reinstate a  suspended  chief  executive  officer
     3  shall  occur in a public meeting of the board of directors and following
     4  an  opportunity  for  the public to comment. Such action shall be deemed
     5  valid upon passage of a written resolution of reinstatement by a majori-
     6  ty and recorded vote of the current board of directors. Such  resolution
     7  shall  describe the facts and circumstances by which the board of direc-
     8  tors reached this determination.
     9    (c) For the purposes of this section, "reinstatement" shall  mean  the
    10  restoration  of  the  rights,  responsibilities,  powers and duties of a
    11  board member or chief executive officer of a local authority.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.

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New York State Assembly

Speaker Carl E. Heastie

A09999 Summary:

A09999 Actions:

A09999 Committee Votes:

A09999 Floor Votes:

A09999 Text:

Heastie	Aye	Kolb	Aye
Gottfried	Aye	Oaks	Aye
Lentol	Aye	Butler	Aye
Gantt	Excused	Crouch	Aye
Nolan	Excused	Finch	Aye
Weinstein	Aye	Barclay	Aye
Hooper	Aye	Raia	Aye
Ortiz	Aye	Hawley	Aye
Pretlow	Aye
Cook	Aye
Glick	Aye
Morelle	Aye
Aubry	Aye
Englebright	Aye
Dinowitz	Aye
Colton	Aye
Magnarelli	Aye
Perry	Aye
Galef	Aye
Paulin	Aye
Titus	Aye
Peoples-Stokes	Aye
Benedetto	Aye