S1370-2011 Actions

• Jan 4, 2012: REFERRED TO FINANCE
• Jan 6, 2011: REFERRED TO FINANCE

S1370-2011 Memo

BILL NUMBER:S1370

TITLE OF BILL:
An act providing for the creation of a temporary state commission to
determine the future governance of the canal corporation; and providing
for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This Bill proposes
to create a temporary commission on the future governance of the canal
corporation. Upon collecting information and its general finding the
group is to convene and report all recommendations.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 calls for the creation of a temporary commission to study the
proper placement of the canal corporation.

Section 2 calls for the commission to consist of thirteen members
appointed with; seven members appointed by the governor, two by the
temporary president of the senate, two members by the speaker of the
assembly, and one to be appointed by minority leaders from each house.
The governor appoints the head of the commission for his appointees.

Section 3 delineates that members of the commission are not to receive
compensation but that all necessary expenditures shall be included.

Section 4 mandates that all employments and removals are subject to the
commission's consent. Further, fixing compensation within the available
amounts lies under the commission's authority.

Section 5 states that the commission will meet within the state, hold
public hearings, and maintain all necessary powers of a legislative
committee.

Section 6. requires that after commencement the commission shall procure
all findings and evaluation. From these findings, no later than one year
after origination, the. commission will draft a culminating report for
the governor, the temporary president of the senate, and the speaker or
the assembly.

Section 7 gives the effective date.

JUSTIFICATION:
Since the incorporation of the Erie
canal by the New York state thruway authority, there has been a
noticeable drain on their resources. As a result, tolls and other fees
are set to increase necessitating a new approach towards managing the
canal corporation. With research and management the commission would
effectively re-incorporate the canal corporation, emphasizing on making
it fiscally manageable. Rather than litigating on different bills; the
creation of a bi-partisan committee -- specifically drafting policy
directly correlating with the governing of the canal--would be most
effective. With enough consideration to the particulars the canal will
be safely managed, and realized that the canal may not be classified as
a major transportation route so the incorporation under the State
Thruway system may be outdated. The committee will have roots in every


aspect of the New York state legislature, so it shall be assumed that
quick and effective legislation will come of the committee.

Media and public attention have started to key in to this issue;
realizing its ramifications. Times Union reports that, "Michael
Fleischer, the authority's executive director, said the Thruway's
financial outlook no longer provides enough funding to support a $2.7
billion capital repair and improvement plan that was approved with the
phased toll hikes in 2005. Most of that program -- just over $2.1
billion -- is for basic maintenance and repairs to core highway
infrastructure, such as bridges and pavement, he said." Beyond their own
troubling costs, the overall maintenance of the canal corporation will
only drastically increase the already rising tolls on the New York state
thruway. The committee will work with members from all different public
groups to figure out the quickest and most financially viable solutions.

PRIOR LEGISLATIVE HISTORY:
2009-10:  S.4957/A.495
2008:     S.6873/A.9849

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120 days after becoming law.

S1370-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1370
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance
 

AN ACT providing for the creation of a  temporary  state  commission  to
 determine  the future governance of the canal corporation; and provid
 ing 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  the future governance of the canal corporation, hereinafter referred
 to as the commission, is hereby created to examine, evaluate and  deter
 mine  the appropriate governance of the canal corporation, as defined in
 section 382 of the public authorities law.
 

S 2. The commission shall consist of thirteen members to be  appointed
 as  follows:  seven members to be appointed by the governor; two members
 to be appointed by the temporary president of the senate; two members to
 be appointed by the speaker of the assembly; one member to be  appointed
 by  the  minority  leader  of the senate; and one to be appointed by the
 minority leader of the assembly. A commissioner shall  be  appointed  by
 the governor from among his appointees. Vacancies shall be filled in the
 same manner as the original appointments.
 

S  3.  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 hereunder.  To  the  maximum
 extent feasible, the commission shall be entitled to request and receive
 and  shall  utilize and be provided with such facilities, resources, and
 data of any court, department, division, board, bureau,  commission,  or
 agency  of  the  state  or any political subdivision thereof as it deems
 necessary or desirable to carry out properly its powers and duties here
 under.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01088-01-1
 
       S. 1370                             2
 

S 4. The commission may employ and at pleasure remove  such  personnel
 as  it  may  deem necessary for the performance of its functions and fix
 their compensation within the amounts made available therefor.
 

S  5.  The  commission  shall meet within the state, shall hold public
 hearings, and shall have all  the  powers  of  a  legislative  committee
 pursuant to the legislative law.
 

S  6. The commission shall submit its findings and recommendations for
 the governance of the canal corporation in a report to the governor, the
 temporary president of the senate, and the speaker of the  assembly  not
 later than one year after it first convenes.
 

S 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and directed to be made and completed on or before such date
 and provided, further, that this act shall remain in  effect  until  one
 hundred  twenty days after the commission submits the report required by
 section six of this act, at which time this  act  shall  expire  and  be
 deemed repealed.

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