Assembly Bill A6730

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

                                  6730

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced by M. of A. KOLB, TEDISCO, MONTESANO -- Multi-Sponsored by --
  M. of A. BARCLAY, BUTLER, CROUCH, DUPREY, FINCH, FITZPATRICK, GOODELL,
  HAWLEY,  LOPEZ,  McKEVITT,  McLAUGHLIN,  OAKS, RAIA, SALADINO, TENNEY,
  THIELE -- 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.
                                                           LBD02725-01-5

              

A. 6730                             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.