senate Bill S3643

2011-2012 Legislative Session

Establishes the commission on public authority reform to study and investigate reducing the number of public authorities and their subsidiaries

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Feb 28, 2011 referred to finance

Co-Sponsors

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S3643 - Bill Details

Current Committee:
Law Section:
Appropriations
Versions Introduced in 2009-2010 Legislative Session:
S3827A

S3643 - Bill Texts

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Establishes a temporary state commission to be known as the commission on public authority reform to study and investigate reducing the number of public authorities and their subsidiaries in New York state; requires reporting; appropriates $100,000 therefor.

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BILL NUMBER:S3643

TITLE OF BILL:
An act
establishing a temporary state commission to study and investigate
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

PURPOSE:
To establish a commission to study reducing the number of public
authorities in the state.

SUMMARY OF PROVISIONS:
Section one establishes the commission on public authority reform.

Section two lays out the make up of commission members.

Section three outlines the specific duties of the commission.

Section four describes the powers of the commission.

Section five sets forth that the commission shall file a report of its
findings relative to the elimination, dissolution consolidation or
merger of public authorities and their subsidiaries with the
Governor, and Senate and Assembly Leaders; and shall issue a binding
recommendation which shall be presented to the legislature to
completely accept or reject.

Section six makes an appropriation of $1 00,000 for the expenses of
the commission.

Section seven is the effective date which is immediate provided that
this act shall expire and be deemed repealed on the first day next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 5.

JUSTIFICATION:
The May 17, 2006 Report of the New York State Commission on Public
Authority Reform contained numerous suggestions to improve the
governance, operations and disclosure of public authorities, to build
upon and improve the Public Authorities Accountability Act signed by
Governor Pataki in January of 2006. Many of these suggestions are set
forth in current bills in both the Assembly and the Senate. The
Commission also had been charged with identifying
appropriate opportunities for the elimination, dissolution,
consolidation or merger of public authorities and their subsidiaries.
The Commission recommended further in-depth investigation before
implementation of any significant changes. To that end, this bill is
necessary and will create a temporary commission with the sole charge
of investigating opportunities for the elimination, dissolution,
consolidation or merger of public authorities and their subsidiaries.
Under this legislation, the commission will be charged with presenting
its recommendations to the Governor, Senate and Assembly by December
31, 2011. The temporary commission will also have a target goal of


reducing the number of public authorities by 50%, and reducing the
number of subsidiaries by 75%.

LEGISLATIVE HISTORY:
S.3827A of 09-10 - Corporations Committee, A.3114-a - Corporations
Committee S.8198 of 2008 passed Senate; A.11779 Corporations
Authorities

FISCAL IMPLICATIONS:
Approximately $100,000.

EFFECTIVE DATE:
Immediate, with provisions.

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

                                  3643

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by Sens. GRIFFO, GRISANTI, JOHNSON, LARKIN, MAZIARZ, RANZEN-
  HOFER -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Finance

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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05959-01-1

S. 3643                             2

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
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. 3643                             3

  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.

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