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

                                 2088--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KOLB,  McDONOUGH, OAKS, WALTER, BLANKENBUSH,
  BUTLER,  CORWIN,  CROUCH,  DiPIETRO,  DUPREY,  FINCH,  HAWLEY,  JOHNS,
  KEARNS,  LALOR, P. LOPEZ, McLAUGHLIN, MONTESANO, PALMESANO, SKARTADOS,
  TEDISCO, TENNEY, STEC,  NOJAY  --  Multi-Sponsored  by  --  M.  of  A.
  BARCLAY, SALADINO -- read once and referred to the Committee on Corpo-
  rations,  Authorities  and Commissions -- recommitted to the Committee
  on Corporations, Authorities and Commissions in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the public authorities law and the transportation law,
  in relation to enacting the New York state thruway authority  account-
  ability act

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

  Section 1. This act shall be known and be may cited as the  "New  York
state thruway authority accountability act".
  S  2. Section 351 of the public authorities law is amended by adding a
new subdivision 4-a to read as follows:
  4-A. THE TERM "DEPARTMENT" SHALL MEAN THE  DEPARTMENT  OF  TRANSPORTA-
TION.
  S  3.  Subdivision  1 of section 352 of the public authorities law, as
amended by chapter 766 of the laws  of  2005,  is  amended  to  read  as
follows:
  1.  (A)  A  board to be known as "New York state thruway authority" is
hereby created. Such board shall be a body corporate and politic consti-
tuting a public corporation. It shall consist of seven members appointed
by the governor by and with the advice and consent of the  senate.  [The
members first appointed shall serve for terms ending three, six and nine
years,  respectively  from  January first next succeeding their appoint-
ment. Provided, however, that two board members first  appointed  on  or

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

                                                           LBD03069-04-4

A. 2088--A                          2

after the effective date of the chapter of the laws of two thousand five
which amended this subdivision shall serve an initial term of two years;
provided  further  that  two  other  board members first appointed on or
after the effective date of the chapter of the laws of two thousand five
which  amended  this  subdivision  shall  serve an initial term of three
years. Their successors shall be appointed for terms of nine years each.
A member to be designated as chairman in his or  her  appointment  as  a
member  shall  be chairman of such board until his or her term as member
expires.] THE COMMISSIONER OF TRANSPORTATION  SHALL  BE  DESIGNATED  AND
SERVE  EX-OFFICIO AS THE CHAIR OF THE BOARD UNTIL THE END OF THE TERM OF
THE GOVERNOR BY WHOM HE OR SHE  WAS  APPOINTED  AND  UNTIL  HIS  OR  HER
SUCCESSOR  IS  APPOINTED  AND  HAS QUALIFIED. The chairman and the other
members shall serve without ADDITIONAL salary or other compensation, but
shall be entitled  to  reimbursement  for  their  actual  and  necessary
expenses incurred in the performance of their official duties.
  (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW OR THE PROVISIONS OF
ANY APPOINTMENT BY THE GOVERNOR, THE TERMS OF  ALL  MEMBERS  SERVING  AS
SUCH  AS  OF MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, OR ON THE EFFEC-
TIVE DATE OF THIS PARAGRAPH, WHICHEVER DATE IS LATER, SHALL  IMMEDIATELY
TERMINATE,  EXCEPT THAT SUCH MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR
SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED.
  (C) ANY MEMBER APPOINTED SHALL HAVE EXPERIENCE IN ONE OR MORE  OF  THE
FOLLOWING  AREAS: TRANSPORTATION, BUSINESS MANAGEMENT, FINANCE, ACCOUNT-
ING OR MANAGEMENT OF LARGE CAPITAL PROJECTS.
  (D) TWO MEMBERS OF THE BOARD APPOINTED ON OR AFTER  APRIL  FIRST,  TWO
THOUSAND FOURTEEN, SHALL BE APPOINTED TO TERMS OF THREE YEARS; TWO OTHER
MEMBERS  OF THE BOARD SHALL BE APPOINTED TO TERMS OF FOUR YEARS; AND TWO
MEMBERS OF THE  BOARD  SHALL  BE  APPOINTED  TO  TERMS  OF  FIVE  YEARS,
PROVIDED,  HOWEVER,  THAT SUCH MEMBERS SHALL CONTINUE TO SERVE AFTER THE
END OF THEIR TERMS UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE  QUALI-
FIED,  AND  PROVIDED  FURTHER THAT NOTWITHSTANDING THE TERM TO WHICH ANY
SUCH MEMBER SHALL HAVE BEEN APPOINTED SUCH A CONTINUATION OF THE TERM OF
A MEMBER SHALL NOT REQUIRE CONFIRMATION BY THE SENATE.
  S 4. Section 11 of the transportation law, as amended by  chapter  460
of the laws of 1971, is amended to read as follows:
  S 11. Department  of  transportation;  commissioner. There shall be in
the state government a department of transportation.   The head  of  the
department  shall  be  the  commissioner of transportation, who shall be
appointed by the governor, by and with the advice  and  consent  of  the
senate,  and  hold  office  until the end of the term of the governor by
whom he was appointed and until his successor is appointed and has qual-
ified.
  The commissioner of transportation  shall  have  sole  charge  of  the
administration of the department AND THE NEW YORK STATE THRUWAY AUTHORI-
TY  ESTABLISHED  PURSUANT  TO  TITLE  NINE  OF ARTICLE TWO OF THE PUBLIC
AUTHORITIES LAW. THE COMMISSIONER OF TRANSPORTATION  SHALL  SERVE  AS  A
MEMBER  AND CHAIR OF THE THRUWAY AUTHORITY BOARD ESTABLISHED PURSUANT TO
SECTION THREE HUNDRED FIFTY-TWO OF THE PUBLIC AUTHORITIES LAW.
  S 5. The transportation law is amended by adding a new section  23  to
read as follows:
  S  23.  NEW YORK STATE THRUWAY AUTHORITY ADMINISTRATION AND OVERSIGHT.
1. THE COMMISSIONER SHALL  ESTABLISH A PLAN TO MERGE THE  OPERATIONS  OF
THE  THRUWAY  AUTHORITY  WITH  THAT  OF  THE  DEPARTMENT AND CONSOLIDATE
SERVICES WHERE APPROPRIATE, PROVIDED THAT NO EMPLOYEE OF  THE  AUTHORITY
OR  THE  DEPARTMENT  SHALL BE TERMINATED AS A CONSEQUENCE OF THE MERGER.
THE COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR  AND  LEGISLATURE

A. 2088--A                          3

WITHIN  ONE  HUNDRED  TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
THE REPORT SHALL BE SUBMITTED TO THE TEMPORARY PRESIDENT OF THE  SENATE,
THE  SPEAKER  OF  THE  ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, THE
MINORITY  LEADER  OF THE ASSEMBLY, THE CHAIR AND RANKING MINORITY MEMBER
OF THE SENATE FINANCE COMMITTEE, THE CHAIR AND RANKING  MINORITY  MEMBER
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRS AND RANKING MINORI-
TY  MEMBERS  OF  THE  SENATE  AND ASSEMBLY CORPORATIONS, AUTHORITIES AND
COMMISSIONS COMMITTEES, AND THE CHAIRS AND RANKING MINORITY  MEMBERS  OF
THE SENATE AND ASSEMBLY TRANSPORTATION COMMITTEES.
  2. (A) THE COMMISSIONER SHALL, WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
OF  THIS  SECTION,  AND  EVERY  THREE  YEARS THEREAFTER, CONTRACT WITH A
CERTIFIED PUBLIC ACCOUNTING FIRM FOR THE PROVISION  OF  AN  INDEPENDENT,
COMPREHENSIVE, FORENSIC AUDIT OF THE THRUWAY AUTHORITY. SUCH AUDIT SHALL
BE  PERFORMED  IN ACCORDANCE WITH GENERALLY ACCEPTED GOVERNMENT AUDITING
STANDARDS.
  (B) THE CERTIFIED INDEPENDENT PUBLIC  ACCOUNTING  FIRM  PROVIDING  THE
INDEPENDENT,  COMPREHENSIVE,  FORENSIC  AUDIT  OF  THE THRUWAY AUTHORITY
SHALL BE PROHIBITED FROM PROVIDING AUDIT SERVICES IF THE LEAD OR COORDI-
NATING AUDIT PARTNER, HAVING PRIMARY RESPONSIBILITY FOR  THE  AUDIT,  OR
THE  AUDIT  PARTNER  RESPONSIBLE  FOR REVIEWING THE AUDIT, HAS PERFORMED
AUDIT SERVICES FOR THE AUTHORITY WITHIN ANY OF THE TEN  PREVIOUS  FISCAL
YEARS OF THE AUTHORITY.
  (C)  THE  CERTIFIED  INDEPENDENT  ACCOUNTING FIRM PERFORMING THE AUDIT
PURSUANT TO THIS SECTION SHALL BE PROHIBITED FROM PERFORMING ANY NON-AU-
DIT SERVICES FOR THE AUTHORITY CONTEMPORANEOUSLY WITH THE AUDIT.
  (D) IT SHALL  BE  PROHIBITED  FOR  THE  CERTIFIED  INDEPENDENT  PUBLIC
ACCOUNTING  FIRM  TO  PERFORM  ANY  AUDIT SERVICE IF THE CHIEF EXECUTIVE
OFFICER, COMPTROLLER, CHIEF FINANCIAL OFFICER, CHIEF ACCOUNTING  OFFICER
OR  ANY  OTHER PERSON SERVING IN AN EQUIVALENT POSITION IN THE AUTHORITY
WAS AN EMPLOYEE, CONSULTANT OR INDEPENDENT CONTRACTOR OF THAT  CERTIFIED
INDEPENDENT  PUBLIC  ACCOUNTING FIRM AND PARTICIPATED IN ANY CAPACITY IN
THE AUDIT OF THE AUTHORITY AT ANY TIME IN THE PAST.
  (E) THE CERTIFIED INDEPENDENT PUBLIC  ACCOUNTING  FIRM  CONTRACTED  TO
PERFORM  THE  INDEPENDENT,  COMPREHENSIVE, FORENSIC AUDIT OF THE THRUWAY
AUTHORITY SHALL, WITHIN ONE YEAR OF  THE  INITIATION  OF  THE  CONTRACT,
REPORT  ITS  FINDINGS,  CONCLUSIONS AND RECOMMENDATIONS TO THE GOVERNOR,
THE STATE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAK-
ER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE  SENATE,  THE  MINORITY
LEADER  OF  THE  ASSEMBLY,  THE CHAIR AND RANKING MINORITY MEMBER OF THE
SENATE FINANCE COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER  OF  THE
ASSEMBLY  WAYS  AND  MEANS  COMMITTEE,  THE  CHAIRS AND RANKING MINORITY
MEMBERS OF THE SENATE AND THE  ASSEMBLY  CORPORATIONS,  AUTHORITIES  AND
COMMISSIONS  COMMITTEES,  AND THE CHAIRS AND RANKING MINORITY MEMBERS OF
THE SENATE AND THE ASSEMBLY TRANSPORTATION COMMITTEES.
  S 6. Section 360 of the public authorities law, as amended by  chapter
766 of the laws of 1992, is amended to read as follows:
  S  360.  Operation  and  maintenance. Operation and maintenance by the
authority of any thruway section or connection or any part thereof or of
a highway connection, the New York state canal system of  which  it  has
assumed  jurisdiction  shall  be  performed  (a) by the use of authority
forces and equipment at the expense of the authority or by agreement  at
the  expense of the state or other parties; (b) by contract with munici-
palities or independent contractors; (c) at the request of the [authori-
ty] COMMISSIONER, by the  [commissioner  and  his  subordinates  in  the
department  of  transportation  as  agents  for,]  AUTHORITY  and at the
expense of the authority, or (d) by a combination of such methods.

A. 2088--A                          4

  S 7. Section 363 of the public authorities law, as amended by  chapter
766 of the laws of 1992, is amended to read as follows:
  S  363.  Annual report. The authority shall submit to the governor, to
the [legislature, to] SPEAKER OF THE ASSEMBLY, THE  TEMPORARY  PRESIDENT
OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF
THE  ASSEMBLY, THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS
COMMITTEE, the comptroller and to the  director  of  the  budget  on  or
before  the first day of February of each year a detailed report setting
forth its [operations and]  fiscal  transactions  during  the  preceding
calendar  year with a statement of its financial condition as of the end
of such year and a statement of all  receipts  and  expenditures  during
such  year.  Such  report shall include detailed information relating to
additional expenditures incurred by the authority as  a  result  of  the
amendments  made to subdivision four of section three hundred fifty-nine
of this [chapter] TITLE pursuant to the chapter of the laws of  nineteen
hundred ninety-two which enacted this sentence.
  S  8.  Section 14 of the transportation law is amended by adding a new
subdivision 13-a to read as follows:
  13-A. AS PART OF THE DEPARTMENT'S ANNUAL BUDGET  REQUEST,  TO  INCLUDE
ANY  REQUESTS FOR THRUWAY AUTHORITY TOLL INCREASES AND JUSTIFICATION FOR
SUCH INCREASES.
  S 9. This act shall take effect immediately.