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.
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.
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.
