BILL NUMBER: S7655
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to senate
confirmation of certain chief executive officers; and to repeal section
2852 of the public authorities law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to restore the proper authority of the Senate regarding
the confirmation process for the heads of certain public authorities,
who currently are deemed to have been "confirmed" by the Senate even if
the Senate has not voted on their nominations.
 
SUMMARY OF PROVISIONS:
Section 1 repeals Public Authorities Law Section 2852.
Section 2 amends Public Authorities Law Section 354 (6) to delete a
reference to Section 2852.
Section 3 amends Public Authorities Law Section 1004 to delete a refer-
ence to Section 2852.
Section 4 amends Public Authorities Law Section 1678 (5) to delete a
reference to Section 2852.
Section 5 sets an effective date.
 
JUSTIFICATION:
This bill seeks to restore to the Senate full and proper advice and
consent power regarding nominations of chief executive officers of the
NYS Dormitory, NYS Thruway Authority, New York Power Authority, and the
Long Island Power Authority.
Under current law, Public Authorities Law section 2852, appointments to
these positions require confirmation by the Senate, but nominees are
automatically deemed to have been confirmed if the Senate has failed to
vote to confirm within 60 days.
This unusual procedure is undemocratic and runs counter to basic princi-
ples of the separation of powers. This infringes on the historic role of
the Senate as the body which has special authority regarding nomi-
nations. No other Public Authorities have been granted this unique
status and such automatic "confirmation" does not exist for other Execu-
tive appointments.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7655: 2852 public authorities law, 1004 public authorities law, 1678 public authorities law, 1678(5) public authorities law