S T A T E   O F   N E W   Y O R K
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                                  3097

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. GANTT, SILVER, STIRPE, DelMONTE, GORDON, DESTITO,
  KOON  --  read  once  and  referred  to the Committee on Corporations,
  Authorities and Commissions

AN ACT to amend the public authorities law, in relation to  establishing
  the  terms  of  the members of the board of the New York state thruway
  authority

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 352 of the public authorities law,
as  amended  by  chapter  766 of the laws of 2005, is amended to read as
follows:
  1. (A) A board to be known as "New York state  thruway  authority"  is
hereby created. Such board shall be a body corporate and politic consti-
tuting a public corporation. It shall consist of seven members appointed
by  the  governor by and with the advice and consent of the senate. [The
members first appointed shall serve for terms ending three, six and nine
years, respectively from January first next  succeeding  their  appoint-
ment.  Provided,  however,  that two board members first appointed on or
after the effective date of the chapter of the laws of two thousand five
which amended this subdivision shall serve an initial term of two years;
provided further that two other board  members  first  appointed  on  or
after the effective date of the chapter of the laws of two thousand five
which  amended  this  subdivision  shall  serve an initial term of three
years. Their successors shall be  appointed  for  terms  of  nine  years
each.]  A  member to be designated as chairman in his or her appointment
as a member shall be chairman of such board until his  or  her  term  as
member  expires.  The chairman and the other members shall serve without
salary or other compensation, but shall be entitled to reimbursement for
their actual and necessary expenses incurred in the performance of their
official duties.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06044-01-9

              

A. 3097                             2

  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR  THE  PROVISIONS  OF
ANY  APPOINTMENT BY A GOVERNOR, THE TERMS OF ALL MEMBERS SERVING AS SUCH
ON MARCH THIRTY-FIRST, TWO THOUSAND NINE, OR ON THE  EFFECTIVE  DATE  OF
THIS  PARAGRAPH,  WHICHEVER  DATE  IS LATER, SHALL IMMEDIATELY TERMINATE
EXCEPT  THAT SUCH MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS
ARE APPOINTED AND HAVE QUALIFIED.
  (C) TWO MEMBERS OF THE BOARD APPOINTED ON OR AFTER  APRIL  FIRST,  TWO
THOUSAND  NINE,  SHALL  BE  APPOINTED TO TERMS OF THREE YEARS; TWO OTHER
MEMBERS OF THE BOARD SHALL BE APPOINTED TO  TERMS  OF  FOUR  YEARS;  AND
THREE  MEMBERS  OF  THE BOARD SHALL BE APPOINTED TO TERMS OF FIVE YEARS,
PROVIDED, HOWEVER, THAT SUCH MEMBERS SHALL CONTINUE TO SERVE  AFTER  THE
END  OF THEIR TERMS UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALI-
FIED, AND PROVIDED FURTHER THAT NOTWITHSTANDING THE TERM  TO  WHICH  ANY
SUCH  MEMBER  SHALL  HAVE  BEEN  APPOINTED, THE TERM OF EACH MEMBER THEN
SERVING SHALL TERMINATE ON THE SIXTIETH DAY AFTER THE INAUGURATION OF  A
GOVERNOR OTHER THAN THE ONE THAT ORIGINALLY APPOINTED SUCH MEMBER UNLESS
SUCH  NEW  GOVERNOR  SHALL  ORDER  THE  CONTINUATION OF THE TERM OF SUCH
MEMBER. SUCH A CONTINUATION OF THE TERM OF A MEMBER  SHALL  NOT  REQUIRE
CONFIRMATION BY THE SENATE.
  S 2. This act shall take effect immediately.