S T A T E O F N E W Y O R K
________________________________________________________________________
8126
2009-2010 Regular Sessions
I N A S S E M B L Y
May 5, 2009
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Introduced by M. of A. KOLB, TEDISCO -- Multi-Sponsored by -- M. of A.
ALFANO, AMEDORE, BACALLES, BALL, BARCLAY, BARRA, BURLING, BUTLER,
CONTE, CROUCH, DUPREY, FINCH, FITZPATRICK, HAWLEY, HAYES, P. LOPEZ,
McKEVITT, MILLER, MOLINARO, OAKS, O'MARA, QUINN, RABBITT, RAIA,
REILICH, SALADINO, SAYWARD, THIELE, TOWNSEND, WALKER -- 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:
Section 1. Subdivision 4 of section 51 of the public authorities law,
as added by chapter 838 of the laws of 1983, is amended to read as
follows:
4. Notwithstanding any other provisions of this section, the require-
ments of subdivisions one, two and three of this section shall not apply
with regard to any project FOR WHICH THE LEGISLATURE HAS APPROPRIATE
FUNDS SPECIFICALLY FOR SUCH PROJECT AND IN AN AMOUNT SUFFICIENT TO
FINANCE SUCH PROJECT, ANY PROJECT of the New York state environmental
facilities corporation, the New York state housing finance agency, the
New York state medical care facilities finance agency or the dormitory
authority in progress on the first day of April, nineteen hundred seven-
ty-six, with regard to any project of the New York state project finance
agency or the New York state urban development corporation in progress
on the first day of April, nineteen hundred seventy-eight, with regard
to any project of the job development authority or the battery park city
authority in progress on the first day of July, nineteen hundred eighty,
and with regard to a project of any other public benefit corporation
subject to the provisions of this section in progress on the first day
of July, nineteen hundred eighty-three, as determined by the New York
state public authorities control board whose affirmative determination
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09981-02-9
A. 8126 2
shall be conclusive as to all matters of law and fact for the purpose of
the limitations of this section.
S 2. Subdivision 2 of section 50 of the public authorities law, as
amended by chapter 838 of the laws of 1983, is amended to read as
follows:
2. The membership of the board shall consist of five persons appointed
by the governor, of which one shall be upon the recommendation of the
temporary president of the senate, one upon the recommendation of the
speaker of the assembly, one upon the recommendation of the minority
leader of the senate and one upon the recommendation of the minority
leader of the assembly. [The members appointed by the governor upon the
recommendation of the minority leader of the senate and the minority
leader of the assembly shall be non-voting members whose comments shall
be entered upon any official record of board proceedings in the same
manner as voting members' comments, unless objection is raised by any of
the voting members in which case, notwithstanding any provision of law
to the contrary, such comments by non-voting members shall not be so
entered.] The term of the members first appointed shall continue until
January thirty-first, nineteen hundred seventy-seven, except that the
term of the members first appointed upon the recommendations of the
minority leader of the senate and the minority leader of the assembly
shall continue until January thirty-first, nineteen hundred eighty-four,
and thereafter their successors shall serve for a term of one year
ending on January thirty-first in each year. Upon recommendation of the
nominating party, the governor may replace any member in accordance with
the provision contained [herein] IN THIS SUBDIVISION for the appointment
of members. The governor shall designate one of the members to serve as
chairman. The board shall act by [unanimous] A FOUR-FIFTHS vote of the
[voting] members of the board. Any determination of the board shall be
evidenced by a certification thereof executed by all the [voting]
members. Each member of the board shall be entitled to designate a
representative to attend meetings of the board in his OR HER place, and
to vote or otherwise act on his OR HER behalf in his OR HER absence.
Notice of such designation shall be furnished in writing to the board by
the designating member. A representative shall serve at the pleasure of
the designating member during the member's term of office. A represen-
tative shall not be authorized to delegate any of his OR HER duties or
functions to any other person.
S 3. This act shall take effect immediately.