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This entry was published on 2014-09-22
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SECTION 6
Powers and duties of the authorities budget office
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 1, TITLE 2
§ 6. Powers and duties of the authorities budget office. 1. The
authorities budget office shall:

(a) conduct reviews and analysis of the operations, practices and
reports of state and local authorities to assess compliance with the
provisions of this chapter and other applicable provisions of law;

(b) maintain a comprehensive inventory of state and local authorities
and subsidiaries and the annual reports of such state and local
authorities as defined in section twenty-eight hundred of this chapter;

(c) verify the existence of all authorities listed in state law;

(d) review the potential for consolidation or name change of certain
authorities;

(e) assist state and local authorities in improving management
practices and the procedures by which the activities and financial
practices of state and local authorities are disclosed to the public;

(f) make recommendations to the governor, the temporary president of
the senate, the speaker of the assembly and the chairs and ranking
minority members of the following committees: the senate finance
committee, the assembly ways and means committee, the senate committee
on corporations, authorities and commissions and the assembly committee
on corporations, authorities and commissions and authority board members
concerning opportunities to improve the performance, reporting,
reformation, structure and oversight of state and local authorities;

(g) provide such additional information and analysis as may be
reasonably requested by the legislature and state comptroller;

(h) promulgate regulations to effectuate the purposes of this title
and title one of this article, and article nine of this chapter,
relating to the statutory responsibilities of the authorities budget
office;

(i) develop and issue, after consultation with the office of the
attorney general, a written acknowledgement that a board member must
execute at the time that the member takes and subscribes their oath of
office, or within sixty days after the effective date of this paragraph
if the member has already taken and subscribed his or her oath of
office, in accordance with subdivision one of section twenty-eight
hundred twenty-four of this chapter;

(j) develop a comprehensive definition of public authorities including
a consolidated listing by class and name;

(k) standardize content and format of state and local authority annual
reports;

(l) assess individual authorities and based upon their ability and
resources, set a date by which changes made pursuant to this title shall
be implemented;

(m) issue recommendations to the legislature and governor on setting
debt limitations for authorities without statutorily required debt
limits;

(n) make recommendations to the legislature and governor with respect
to options for, and whether there should be, compensation for boards of
directors; and

(o) review the potential for and make recommendations to the
legislature and governor regarding change in the terms of office of
public authorities board members.

2. The authorities budget office shall have the authority to:

(a) request and receive from any state or local authority, agency,
department or division of the state or political subdivision such
assistance, personnel, information, books, records, other documentation
and cooperation as may be necessary to perform its duties;

(b) enter into cooperative agreements with other government offices to
efficiently carry out its work and not duplicate resources;

(c) receive and act upon complaints or recommendations from the public
or other persons or entities regarding any authority covered by this
title;

(d) initiate formal investigations in response to complaints or
appearances of non-compliance by an authority;

(e) issue subpoenas pertaining to investigations which such office is
authorized to conduct under this title, for the purposes of effectuating
the powers and duties of this title;

(f) publicly warn and censure authorities for non-compliance with this
title, and to establish guidelines for such actions;

(g) recommend to the entity that appointed the officer or director
suspension or dismissal of officers or directors, based on information
that is, or is made, available to the public under law;

(h) report suspected criminal activities to the attorney general and
other prosecutorial agencies;

(i) compel any authority which is deemed to be in non-compliance with
this title and title one of this article or article nine of this chapter
to submit to the authorities budget office a detailed explanation of
such failure to comply; and

(j) commence a special proceeding in supreme court, when it does not
receive from a state or local authority upon request information, books,
records or other documentation necessary to perform its duties, seeking
an order directing the production of the same.

3. The reports and non-proprietary information received by and
prepared by the authorities budget office shall be made available to the
public, to the extent practicable, through the internet.