NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5681
SPONSOR: Barclay TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
This bill would grant voting power to all members of the Public Authori-
ties Control Board (PACB).
SUMMARY OF PROVISIONS:
Section 1. Grants voting power on the PACB to members appointed by the
recommendations of the Minority Leaders of each of the legislative hous-
es.
Section 2. Provides the effective date.
JUSTIFICATION:
The Public Authorities Control Board has been a crucial oversight mech-
anism for large capital project spending. The state relies heavily on
public authorities to issue debt, loans or grants on behalf of the
state. The minority members often vote on large capital project appro-
priations during the budget process but then do not receive a vote when
it comes to who receives the funds, what the intended purpose is and
when the disbursement of these funds take place. By only allowing the
majority members and the governor's representative a vote on these capi-
tal programs, it becomes easier to fund pet projects or initiatives.
PRIOR LEGISLATIVE HISTORY:
A5414 (2023-24) Referred to Corporations, Authorities and Commissions
A6104 (2021-22) Held in Corporations, Authorities and Commissions
A4162 (2019-20) Held in Corporations, Authorities and Commissions
A5905 (2017-18) Held in Corporations, Authorities and Commissions
A6730 (2015-16) Held in Corporations, Authorities and Commissions
A1739 (2013-14) Held in Corporations, Authorities and Commissions
A4746 (2011-12) Held in Corporations, Authorities and Commissions
A8126 (2009-10) Held in Corporations, Authorities and Commissions
A6790 (2007-08) Held in Corporations, Authorities and Commissions
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5681
2025-2026 Regular Sessions
IN ASSEMBLY
February 19, 2025
___________
Introduced by M. of A. BARCLAY, FRIEND, BRABENEC, SMITH, SMULLEN, MILL-
ER, MANKTELOW, WALSH, JENSEN, GALLAHAN, LEMONDES, SIMPSON -- Multi-
Sponsored by -- M. of A. K. BROWN, DiPIETRO, FITZPATRICK, HAWLEY --
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:
1 Section 1. Subdivision 2 of section 50 of the public authorities law,
2 as amended by chapter 838 of the laws of 1983, is amended to read as
3 follows:
4 2. The membership of the board shall consist of five persons appointed
5 by the governor, of which one shall be upon the recommendation of the
6 temporary president of the senate, one upon the recommendation of the
7 speaker of the assembly, one upon the recommendation of the minority
8 leader of the senate and one upon the recommendation of the minority
9 leader of the assembly. [The members appointed by the governor upon the
10 recommendation of the minority leader of the senate and the minority
11 leader of the assembly shall be non-voting members whose comments shall
12 be entered upon any official record of board proceedings in the same
13 manner as voting members' comments, unless objection is raised by any of
14 the voting members in which case, notwithstanding any provision of law
15 to the contrary, such comments by non-voting members shall not be so
16 entered.] The term of the members first appointed shall continue until
17 January thirty-first, nineteen hundred seventy-seven, except that the
18 term of the members first appointed upon the recommendations of the
19 minority leader of the senate and the minority leader of the assembly
20 shall continue until January thirty-first, nineteen hundred eighty-four,
21 and thereafter their successors shall serve for a term of one year
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03961-01-5
A. 5681 2
1 ending on January thirty-first in each year. Upon recommendation of the
2 nominating party, the governor may replace any member in accordance with
3 the provision contained [herein] in this subdivision for the appointment
4 of members. The governor shall designate one of the members to serve as
5 [chairman] chair. The board shall act by unanimous vote of the [voting]
6 members of the board. Any determination of the board shall be evidenced
7 by a certification thereof executed by all the [voting] members. Each
8 member of the board shall be entitled to designate a representative to
9 attend meetings of the board in [his] their place, and to vote or other-
10 wise act on [his] their behalf in [his] their absence. Notice of such
11 designation shall be furnished in writing to the board by the designat-
12 ing member. A representative shall serve at the pleasure of the desig-
13 nating member during the member's term of office. A representative shall
14 not be authorized to delegate any of [his] their duties or functions to
15 any other person.
16 § 2. This act shall take effect immediately.
