Provides that regulated public authorities submit a report of budget information to the governor, comptroller and legislative leaders; prohibits the transfer of functions performed by a department or agency of the state to a regulated public authority; provides that employees of a regulated public authority shall be deemed to be in the classified civil service; defines regulated public authority to include the environmental facilities corporation, dormitory authority, urban development corporation (also known as Empire State Development Corporation) and subsidiaries thereof, Health Research, Inc., job development authority, and the housing trust fund corporation.
TITLE OF BILL: An act to amend the public authorities law, in relation to the oversight of certain public authorities
PURPOSE: To require budget reports of and restrict the transfer of functions to and from certain public authorities
SUMMARY OF SPECIFIC PROVISIONS: Section 1: This bill would amend article 9 of the public authorities law, to add a new title 1-A. This new title would apply to the following public benefit corporations:
* The Environmental Facilities corporation
* The Dormitory Authority
* The Urban Development Corporation and any subsidiary thereof
* Health Research, Inc.
* The Job Development Authority
* The Housing Trust Fund Corporation, and Pursuant to its terms, this bill would require the aforementioned public benefit corporations to annually submit to the governor, the president pro tempore of the senate the speaker of the assembly and the comptroller, a report of budget information in the form specified in section two thousand eight hundred one of the public authorities law. Such report must be maintained at the principal office of the public authority as a public record available for public inspection and copying pursuant to article six of the Public Officers Law.
This bill would also restrict the public benefit corporations by mandating that no function which is primarily performed by a department or agency of the state shall be transferred to or assumed by a regulated public authority as defined by this title, unless the transfer is specifically authorized in law by an act of the state legislature.
Finally, any employee hired by the public benefit corporation who is hired after the effective date of this legislation shall be deemed to be in the classified civil service and shall be subject to provisions of the civil service law in the same manner as any other employee.
JUSTIFICATION: Public Authorities and Public Benefit Corporations are entities created by the state to perform specific functions, which are governmental or quasi-governmental in nature. In most cases they are created for limited purposes with limited jurisdiction. Many of these entities have expanded and now employ a large workforce. This bill would provide for increased public and governmental oversight into the
operation of certain public authorities. It would mandate specific budget reports, restrict transfer functions and guarantee civil service status of employees.
LEGISLATIVE HISTORY: 2008 Referred to Corporations
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 484 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to the oversight of certain public authorities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 9 of the public authorities law is amended by adding a new title 1-A to read as follows: TITLE 1-A OVERSIGHT OF PUBLIC AUTHORITIES SECTION 2810. DEFINITIONS. 2811. BUDGET REPORTS. 2812. RESTRICTIONS OF THE TRANSFER OF FUNCTIONS. 2813. CIVIL SERVICE STATUS OF EMPLOYEES. S 2810. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE THE TERM "REGU- LATED PUBLIC AUTHORITY" SHALL INCLUDE THE FOLLOWING PUBLIC AUTHORITIES, STATE AFFILIATED NOT-FOR-PROFIT CORPORATIONS AND PUBLIC BENEFIT CORPO- RATIONS: 1. THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION; 2. THE DORMITORY AUTHORITY; 3. THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION (ALSO KNOWN AS EMPIRE STATE DEVELOPMENT CORPORATION) AND ANY SUBSIDIARY THEREOF; 4. HEALTH RESEARCH, INC.; 5. THE NEW YORK JOB DEVELOPMENT AUTHORITY; 6. THE HOUSING TRUST FUND CORPORATION. S 2811. BUDGET REPORTS. EVERY REGULATED PUBLIC AUTHORITY SHALL SUBMIT ANNUALLY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE COMPTROLLER, A REPORT OF BUDGET INFORMA- TION SPECIFIED IN SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THIS ARTI-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01926-01-1 S. 484 2
CLE. SUCH REPORT SHALL BE MAINTAINED AT THE PRINCIPAL OFFICE OF THE PUBLIC AUTHORITY AS A PUBLIC RECORD AVAILABLE FOR PUBLIC INSPECTION AND COPYING PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. S 2812. RESTRICTIONS OF THE TRANSFER OF FUNCTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO FUNCTION WHICH IS PRIMA- RILY PERFORMED BY A DEPARTMENT OR AGENCY OF THE STATE SHALL BE TRANS- FERRED TO, OR ASSUMED BY, OR PERFORMED BY, A REGULATED PUBLIC AUTHORITY AS DEFINED BY THIS TITLE, UNLESS SUCH TRANSFER OF FUNCTION OR ASSUMPTION OR PERFORMANCE IS SPECIFICALLY AUTHORIZED IN LAW BY AN ACT OF THE STATE LEGISLATURE. S 2813. CIVIL SERVICE STATUS OF EMPLOYEES. ANY EMPLOYEE OF A REGU- LATED PUBLIC AUTHORITY AS DEFINED BY THIS TITLE, WHO IS HIRED AFTER THE EFFECTIVE DATE OF THIS TITLE, SHALL BE DEEMED TO BE IN THE CLASSIFIED CIVIL SERVICE AND SHALL BE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW IN THE SAME MANNER AS AN EMPLOYEE OF A DEPARTMENT OF THE STATE. S 2. This act shall take effect on the sixtieth day after it shall have become a law.