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A08022 Summary:

BILL NOA08022
 
SAME ASSAME AS S07655
 
SPONSORShrestha
 
COSPNSRReyes, Aubry, Mamdani, Dickens, Gonzalez-Rojas, Gallagher, Shimsky, Thiele, Lavine, Levenberg
 
MLTSPNSR
 
Rpld §2852, amd §§354, 1004 & 1678, Pub Auth L
 
Repeals the requirement that the senate vote to confirm the appointment of certain chief executive officers within a certain time period; amends certain provisions of law relating thereto.
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A08022 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8022
 
SPONSOR: Shrestha
  TITLE OF BILL: An act to amend the public authorities law, in relation to senate confirmation of certain chief executive officers; and to repeal section 2852 of the public authorities law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to restore the proper authority of the Senate regarding the confirmation process for the heads of certain public authorities, who currently are deemed to have been "confirmed" by the Senate even if the Senate has not voted on their nominations.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 repeals Public Authorities Law Section 2852. Section 2 amends Public Authorities Law Section 354 (6) to delete a reference to Section 2852. Section 3 amends Public Authorities Law Section 1004 to delete a reference to Section 2852. Section 4 amends Public Authorities Law Section 1678 (5) to delete a reference to Section 2852. Section 5 sets an effective date.   JUSTIFICATION: This bill seeks to restore to the Senate full and proper advice and consent power regarding nominations of chief executive officers of the NYS Dormitory, NYS Thruway Authority, New York Power Authority, and the Long Island Power Authority. Under current law, Public Authorities Law section 2852, appointments to these positions require confirmation by the Senate, but nominees are automatically deemed to have been confirmed if the Senate has failed to vote to confirm within 60 days. This unusual procedure is undemocratic and runs counter to basic princi- ples of the separation of powers. This infringes on the historic role of the Senate as the body which has special authority regarding nomi- nations. No other Public Authorities have been granted this unique status and such automatic "confirmation" does not exist for other Execu- tive appointments.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A08022 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8022
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 13, 2023
                                       ___________
 
        Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN  ACT  to  amend  the  public  authorities  law, in relation to senate
          confirmation of  certain  chief  executive  officers;  and  to  repeal
          section 2852 of the public authorities law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2852 of the public authorities law is REPEALED.
     2    § 2. Subdivision 6 of section 354 of the public  authorities  law,  as
     3  amended  by  section  2 of part TT of chapter 54 of the laws of 2016, is
     4  amended to read as follows:
     5    6. To appoint officers, agents and employees  and  fix  their  compen-
     6  sation,  provided, however, that the appointment of the executive direc-
     7  tor shall be subject to confirmation by the senate [in  accordance  with
     8  section twenty-eight hundred fifty-two of this chapter]; subject however
     9  to  the  provisions  of  the civil service law, which shall apply to the
    10  authority as a municipal corporation other than a city;
    11    § 3. Section 1004 of the public authorities law, as amended by chapter
    12  506 of the laws of 2009, is amended to read as follows:
    13    § 1004. Officers and employees; expenses. The  trustees  shall  choose
    14  from  among  their  own  number a chairman and vice-chairman. They shall
    15  select such officers and employees, including a chief executive  officer
    16  whose  appointment  shall  be  subject to confirmation by the senate [in
    17  accordance with section twenty-eight hundred fifty-two of this chapter],
    18  and such engineering, marketing and legal  officers  and  employees,  as
    19  they may require for the performance of their duties and shall prescribe
    20  the  duties  and  compensation  of each officer and employee. They shall
    21  adopt by-laws and rules and regulations suitable to the purposes of this
    22  title. As long as and to the extent that the authority is dependent upon
    23  appropriations for the payment of its expenses, it shall incur no  obli-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13093-01-3

        A. 8022                             2
 
     1  gations  for  salary,  office  or  other expenses prior to the making of
     2  appropriations adequate to meet the same.
     3    §  4.  Subdivision 5 of section 1678 of the public authorities law, as
     4  amended by chapter 506 of the laws  of  2009,  is  amended  to  read  as
     5  follows:
     6    5.  To  appoint  officers,  agents and employees and fix their compen-
     7  sation, provided, however, that the appointment of the executive  direc-
     8  tor  shall  be subject to confirmation by the senate [in accordance with
     9  section twenty-eight hundred fifty-two of this chapter];
    10    § 5. This act shall take effect immediately.
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