S T A T E O F N E W Y O R K
________________________________________________________________________
8878
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the public
authorities control board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 3 of section 50 of the public authori-
ties law, subdivision 2 as amended by chapter 838 of the laws of 1983
and subdivision 3 as amended by chapter 809 of the laws of 1982, are
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 for the appointment of members. The
governor shall designate one of the members to serve as chairman. The
board shall act by unanimous vote of the voting members of the board.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13471-01-1
A. 8878 2
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 place, and to vote or otherwise act on his behalf in
his 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
representative shall not be authorized to delegate any of his duties or
functions to any other person.]
3. Notwithstanding any inconsistent provisions of law, general,
special or local, [no] ANY officer or employee of the state, of any
political subdivision of the state, of any governmental entity operating
any public school or college or of any other public agency or instrumen-
tality or unit of government which exercises governmental powers under
the laws of the state, shall forfeit such office or employment by reason
of acceptance or appointment as a member, [representative,] officer,
employee or agent of the board [nor shall service as such member, repre-
sentative, officer, employee or agent of the board be deemed incompat-
ible or in conflict with such office or employment]. The members, [their
representatives,] officers and staff to the board shall be deemed
employees within the meaning of section seventeen of the public officers
law.
S 2. This act shall take effect immediately.