Senate Bill S3827

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

                                 3827--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged and said  bill  committed  to  the  Committee  on
  Corporations,  Authorities  and  Commissions  -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  establishing a temporary state commission to study and investi-
  gate reducing the number of public authorities and their  subsidiaries
  in  the  state  of  New  York;  making  an appropriation therefor; and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1. A temporary state commission, to be known as the commission
on  public authority reform, hereafter referred to as the commission, is
hereby  created  to  investigate,  evaluate  and  make   recommendations
concerning  the  scope  and  effectiveness  involving  the  elimination,
dissolution, consolidation or merger of  public  authorities  and  their
subsidiaries in the state of New York.
  S  2.  (a)  The  commission  shall  consist of thirteen members, to be
appointed as follows: three members to be  appointed  by  the  governor;
three  members to be appointed by the temporary president of the senate;
three members to be appointed by the speaker of the assembly; one member
to be appointed by the minority leader of the senate; one member  to  be
appointed  by  the  minority leader of the assembly; one member shall be
appointed by the comptroller, and one member shall be appointed  by  the
attorney  general.  The  appointees shall have demonstrated expertise in
the development and financing of public authorities. The governor  shall
designate  the  chairperson  and  vice-chairperson  of  the  commission.
Vacancies in the membership of the commission  and  among  its  officers

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03163-02-0

              

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shall  be  filled  in  the  manner provided for original appointments or
designations.
  (b)  The  members  of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties under this act. The  commis-
sion  may  employ  and  at pleasure remove such personnel as it may deem
necessary for the performance of its functions  and  fix  their  compen-
sation within the amounts made available by appropriation therefor.
  (c)  The New York state public authorities control board shall provide
the commission such facilities, assistance, and data as will enable  the
commission  to  carry out its powers and duties. Additionally, all other
departments or agencies of the state or subdivisions thereof  shall,  at
the  request of the chairperson, provide the commission such facilities,
assistance, and data as will enable the  commission  to  carry  out  its
powers and duties.
  S  3.  Specifically  the  commission  shall  investigate  at least the
following:
  (a) the opportunities for the elimination, dissolution,  consolidation
or  merger  of public authorities and their subsidiaries in the state of
New York; and
  (b) reducing the number of all  existing  public  authorities  in  the
state of New York by fifty percent and reducing the number of all exist-
ing subsidiaries in the state of New York by seventy-five percent.
  S  4.  (a)  For the accomplishment of its purposes, the commission may
meet and hold public and/or  private  hearings  within  or  without  the
state, and shall have all the powers of a legislative committee pursuant
to  the  legislative  law. The commission is authorized and empowered to
undertake any studies, inquiries, surveys or analyses it may deem  rele-
vant  through  its  own personnel or in cooperation with or by agreement
with any other public or private agency.
  (b) To the maximum extent feasible, the  commission  may  request  and
shall be entitled to receive and shall utilize and be provided with such
facilities,  resources and data from any court in the state and from any
subdivision, department, board, bureau, commission,  office,  agency  or
other instrumentality of the state or of any political subdivision ther-
eof  as  it deems necessary or desirable for the proper execution of its
powers and duties and to effectuate the purposes set forth in this act.
  (c) The commission is hereby authorized and empowered  to  enter  into
any  agreements  and  to  do and perform any acts that may be necessary,
desirable or proper to carry out the purposes  and  objectives  of  this
act.
  S  5.  The  commission  shall make recommendations and a report of its
findings. The commission shall submit such  recommendations  and  report
developed  by  it  relating to issues involving the elimination, dissol-
ution, consolidation or merger of public authorities and  their  subsid-
iaries  in  the  state  of  New  York, including any recommendations for
legislative action as it may deem  necessary  and  appropriate,  to  the
governor,  the  temporary president of the senate and the speaker of the
assembly no later than the thirty-first day of December in the year next
succeeding the year in which this act shall have  become  a  law.    The
commission shall issue a binding recommendation which shall be presented
to the legislature to completely accept or reject such recommendation.
  S  6.  The  sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to pay the  expenses
incurred,  including personal service, in carrying out the provisions of
this act. Such moneys shall be payable out of the state treasury in  the

S. 3827--A                          3

general  fund to the credit of the state purposes account after audit by
and on the  warrant  of  the  comptroller  upon  vouchers  certified  or
approved  by  the  chairperson  or vice-chairperson of the commission as
prescribed by law.
  S  7.  This  act  shall  take  effect  immediately;  provided that the
provisions of this act shall expire and be deemed repealed on the  first
day next succeeding the date of the submission of the report as required
in  section  five  of  this act; and provided further, however, that the
chairperson of the temporary commission on public authority reform shall
notify the legislative bill drafting commission upon the  submission  of
its report as provided for in section five of this act in order that the
commission  may  maintain  an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effecting the provisions of  section  44  of  the  legislative  law  and
section 70-b of the public officers law.