S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8126

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2009
                               ___________

Introduced  by  M. of A. KOLB, TEDISCO -- Multi-Sponsored by -- M. of A.
  ALFANO, AMEDORE, BACALLES,  BALL,  BARCLAY,  BARRA,  BURLING,  BUTLER,
  CONTE,  CROUCH,  DUPREY,  FINCH, FITZPATRICK, HAWLEY, HAYES, P. LOPEZ,
  McKEVITT,  MILLER,  MOLINARO,  OAKS,  O'MARA,  QUINN,  RABBITT,  RAIA,
  REILICH,  SALADINO, SAYWARD, THIELE, TOWNSEND, WALKER -- read once and
  referred to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to  the  powers,
  functions  and duties of the New York state public authorities control
  board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 4 of section 51 of the public authorities law,
as added by chapter 838 of the laws of  1983,  is  amended  to  read  as
follows:
  4.  Notwithstanding any other provisions of this section, the require-
ments of subdivisions one, two and three of this section shall not apply
with regard to any project FOR WHICH  THE  LEGISLATURE  HAS  APPROPRIATE
FUNDS  SPECIFICALLY  FOR  SUCH  PROJECT  AND  IN AN AMOUNT SUFFICIENT TO
FINANCE SUCH PROJECT, ANY PROJECT of the New  York  state  environmental
facilities  corporation,  the New York state housing finance agency, the
New York state medical care facilities finance agency or  the  dormitory
authority in progress on the first day of April, nineteen hundred seven-
ty-six, with regard to any project of the New York state project finance
agency  or  the New York state urban development corporation in progress
on the first day of April, nineteen hundred seventy-eight,  with  regard
to any project of the job development authority or the battery park city
authority in progress on the first day of July, nineteen hundred eighty,
and  with  regard  to  a project of any other public benefit corporation
subject to the provisions of this section in progress on the  first  day
of  July,  nineteen  hundred eighty-three, as determined by the New York
state public authorities control board whose  affirmative  determination

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-02-9
              

A. 8126                             2

shall be conclusive as to all matters of law and fact for the purpose of
the limitations of this section.
  S  2.  Subdivision  2  of section 50 of the public authorities law, as
amended by chapter 838 of the laws  of  1983,  is  amended  to  read  as
follows:
  2. The membership of the board shall consist of five persons appointed
by  the  governor,  of which one shall be upon the recommendation of the
temporary president of the senate, one upon the  recommendation  of  the
speaker  of  the  assembly,  one upon the recommendation of the minority
leader of the senate and one upon the  recommendation  of  the  minority
leader  of the assembly. [The members appointed by the governor upon the
recommendation of the minority leader of the  senate  and  the  minority
leader  of the assembly shall be non-voting members whose comments shall
be entered upon any official record of board  proceedings  in  the  same
manner as voting members' comments, unless objection is raised by any of
the  voting  members in which case, notwithstanding any provision of law
to the contrary, such comments by non-voting members  shall  not  be  so
entered.]  The  term of the members first appointed shall continue until
January thirty-first, nineteen hundred seventy-seven,  except  that  the
term  of  the  members  first  appointed upon the recommendations of the
minority leader of the senate and the minority leader  of  the  assembly
shall continue until January thirty-first, nineteen hundred eighty-four,
and  thereafter  their  successors  shall  serve  for a term of one year
ending on January thirty-first in each year. Upon recommendation of  the
nominating party, the governor may replace any member in accordance with
the provision contained [herein] IN THIS SUBDIVISION for the appointment
of  members. The governor shall designate one of the members to serve as
chairman. The board shall act by [unanimous] A FOUR-FIFTHS vote  of  the
[voting]  members of the board.  Any determination of the board shall be
evidenced by a  certification  thereof  executed  by  all  the  [voting]
members.  Each  member  of  the  board  shall be entitled to designate a
representative to attend meetings of the board in his OR HER place,  and
to  vote  or  otherwise  act on his OR HER behalf in his OR HER absence.
Notice of such designation shall be furnished in writing to the board by
the designating member. A representative shall serve at the pleasure  of
the  designating  member during the member's term of office. A represen-
tative shall not be authorized to delegate any of his OR HER  duties  or
functions to any other person.
  S 3. This act shall take effect immediately.