S484-2011 Actions

• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 5, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S484-2011 Memo

BILL NUMBER:S484

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.

S484-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          484
 2011-2012 Regular Sessions
 I N  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.

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