NY State Senate Bill 2023-S7655

Senate Bill S7655

2023-2024 Legislative Session

Repeals the requirement that the senate vote to confirm the appointment of certain chief executive officers within a certain time period

download bill text pdf

Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2024	advanced to third reading
Feb 14, 2024	2nd report cal.
Feb 13, 2024	1st report cal.436
Jan 03, 2024	referred to corporations, authorities and commissions
Sep 13, 2023	referred to rules

Votes

- Feb 13, 2024 - Corporations, Authorities And Commissions Committee Vote
  S7655
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Feb 13, 2024
      
      aye (6)
      
      Comrie
      
      Hoylman-Sigal
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis
      
      aye wr (1)
      
      Weber

co-Sponsors

View additional co-sponsors

2023-S7655 (ACTIVE) - Details

See Assembly Version of this Bill:: A8022
Law Section:: Public Authorities Law
Laws Affected:: Rpld §2852, amd §§354, 1004 & 1678, Pub Auth L

2023-S7655 (ACTIVE) - Summary

Repeals the requirement that the senate vote to confirm the appointment of certain chief executive officers within a certain time period; amends certain provisions of law relating thereto.

2023-S7655 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7655

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to senate
confirmation of certain chief executive officers; and to repeal section
2852 of the public authorities law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to restore the proper authority of the Senate regarding
the confirmation process for the heads of certain public authorities,
who currently are deemed to have been "confirmed" by the Senate even if
the Senate has not voted on their nominations.

 
SUMMARY OF PROVISIONS:

Section 1 repeals Public Authorities Law Section 2852.

Section 2 amends Public Authorities Law Section 354 (6) to delete a
reference to Section 2852.

Section 3 amends Public Authorities Law Section 1004 to delete a refer-
ence to Section 2852.

Section 4 amends Public Authorities Law Section 1678 (5) to delete a
reference to Section 2852.

Section 5 sets an effective date.

 
JUSTIFICATION:

This bill seeks to restore to the Senate full and proper advice and
consent power regarding nominations of chief executive officers of the
NYS Dormitory, NYS Thruway Authority, New York Power Authority, and the
Long Island Power Authority.

Under current law, Public Authorities Law section 2852, appointments to
these positions require confirmation by the Senate, but nominees are
automatically deemed to have been confirmed if the Senate has failed to
vote to confirm within 60 days.

This unusual procedure is undemocratic and runs counter to basic princi-
ples of the separation of powers. This infringes on the historic role of
the Senate as the body which has special authority regarding nomi-
nations. No other Public Authorities have been granted this unique
status and such automatic "confirmation" does not exist for other Execu-
tive appointments.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7655 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7655
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                            September 13, 2023
                                ___________
 
 Introduced  by Sens. SALAZAR, COMRIE, BRISPORT, CLEARE, GIANARIS, GONZA-
   LEZ, JACKSON, KRUEGER, LIU, MAY, MAYER,  SKOUFIS  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Rules
 
 AN ACT to amend the  public  authorities  law,  in  relation  to  senate
   confirmation  of  certain  chief  executive  officers;  and  to repeal
   section 2852 of the public authorities law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2852 of the public authorities law is REPEALED.
   §  2.  Subdivision  6 of section 354 of the public authorities law, as
 amended by section 2 of part TT of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   6.  To  appoint  officers,  agents and employees and fix their compen-
 sation, provided, however, that the appointment of the executive  direc-
 tor  shall  be subject to confirmation by the senate [in accordance with
 section twenty-eight hundred fifty-two of this chapter]; subject however
 to the provisions of the civil service law, which  shall  apply  to  the
 authority as a municipal corporation other than a city;
   § 3. Section 1004 of the public authorities law, as amended by chapter
 506 of the laws of 2009, is amended to read as follows:
   §  1004.  Officers  and employees; expenses. The trustees shall choose
 from among their own number a chairman  and  vice-chairman.  They  shall
 select  such officers and employees, including a chief executive officer
 whose appointment shall be subject to confirmation  by  the  senate  [in
 accordance with section twenty-eight hundred fifty-two of this chapter],
 and  such  engineering,  marketing  and legal officers and employees, as
 they may require for the performance of their duties and shall prescribe
 the duties and compensation of each officer  and  employee.  They  shall
 adopt by-laws and rules and regulations suitable to the purposes of this
 title. As long as and to the extent that the authority is dependent upon
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13093-01-3

 S. 7655                             2
 
 appropriations  for the payment of its expenses, it shall incur no obli-
 gations for salary, office or other expenses  prior  to  the  making  of
 appropriations adequate to meet the same.
   §  4.  Subdivision 5 of section 1678 of the public authorities law, as
 amended by chapter 506 of the laws  of  2009,  is  amended  to  read  as
 follows:
   5.  To  appoint  officers,  agents and employees and fix their compen-
 sation, provided, however, that the appointment of the executive  direc-
 tor  shall  be subject to confirmation by the senate [in accordance with
 section twenty-eight hundred fifty-two of this chapter];
   § 5. This act shall take effect immediately.

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