Provides for the creation of a temporary state commission to determine the future governance of the canal corporation to be called the commission on the future governance of the canal corporation.
Sponsor: DILAN / Committee: FINANCE
Law Section: Public Authorities
Sponsor: DILAN / Committee: FINANCE
Law Section: Public Authorities
- Jan 4, 2012: REFERRED TO FINANCE
- Jan 6, 2011: REFERRED TO FINANCE
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.
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.