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Relates to requiring the New York state design and construction corporation to meet and conduct all business at a public meeting and making the minutes of such meetings available to the public
(D) 14th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Jan 05, 2022 | referred to corporations, authorities and commissions |
| Mar 18, 2021 | referred to corporations, authorities and commissions |
See Assembly Version of this Bill: A3792 Current Committee: Senate Corporations, Authorities And Commissions Law Section: Public Authorities Law Laws Affected: Amd §1678-a, Pub Auth L Versions Introduced in Other Legislative Sessions: 2015-2016: A10619
2017-2018: A4083
2019-2020: S3611, A504
Relates to requiring the New York state design and construction corporation to meet and conduct all business at a public meeting and to making the minutes of such meetings available to the public.
BILL NUMBER: S5775 SPONSOR: COMRIE TITLE OF BILL: An act to amend the public authorities law, in relation to requiring the New York state design and construction corporation to meet and conduct all business at a public meeting and making the minutes of such meetings available to the public PURPOSE: To increase transparency of the Design and Construction Corporation established to provide management, monitoring and oversight on large public works projects undertaken by state agencies, departments and authorities and ensure that the members of the corporation do not have conflicts of interest related to such duties. SUMMARY OF PROVISIONS: Section 1 of the bill amends public authorities law § 1678-a to define
the design and construction corporation as an agency for purposes of articles six and six-a of the public officers law and as a public body for purposes of article seven of the public officers law. Section 2 is the effective date. JUSTIFICATION: The recently established New York State Design and Construction Corpo- ration - a subsidiary corporation of the Dormitory Authority - was established to provide management expertise, monitoring and oversight of public works projects in excess of $50 million dollars undertaken by state agencies, state departments and state authorities. This bill clarifies that as a subsidiary of the Dormitory Authority, the New York State Design and Construction Corporation is subject to the Freedom of Information Law, the Personal Privacy Protection Law, and the Open Meet- ings Law. LEGISLATIVE HISTORY: 2017-18: A4083 referred to corporations, authorities and commissions; 2016: A.10619 referred to corporations, authorities and commissions FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. EFFECTIVE DATE: This act shall take effect immediately, provided, however, of the amend- ments to subdivision 4 of section 1678-a of the public authorities law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5775 2021-2022 Regular Sessions I N S E N A T E March 18, 2021 ___________ Introduced by Sen. COMRIE -- 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 requiring the New York state design and construction corporation to meet and conduct all business at a public meeting and making the minutes of such meet- ings available to the public THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 1678-a of the public authorities law, as amended by section 1 of part I of chapter 73 of the laws of 2016, is amended to read as follows: 4. General powers and duties of the corporation. (a) The corporation shall have the power to: (i) Sue and be sued; (ii) Have a seal and alter the same at pleasure; (iii) Make and alter by-laws for its organization and internal manage- ment and make rules and regulations governing same; (iv) Assign such officers and employees from the officers and employ- ees of the authority, as it may require for the performance of its duties and, for those officers and employees who are not represented by a recognized employee organization, fix and determine their qualifica- tions, duties, and compensation; (v) Retain or employ counsel, auditors, private financial consultants, professional engineers or other technical consultants and other services on a contract basis or otherwise, for the rendering of professional, business or technical services and advice; (vi) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this section; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00702-01-1
S. 5775 2 (vii) Engage the services of private consultants on a contract basis for rendering professional and technical assistance advice relating to covered projects; (viii) Procure insurance against any loss in connection with its activities, properties and other assets, in such amount and from such insurance as it deems desirable; and (ix) Invest any funds of the corporation, or any other monies under its custody and control not required for immediate use or disbursement, at the discretion of the corporation, in obligations of the state or the United States government or obligations the principal and interest of which are obligations in which the comptroller of the state is author- ized to invest pursuant to section ninety-eight of the state finance law. (b) THE CORPORATION SHALL BE REQUIRED TO: (I) MEET AND CONDUCT ALL BUSINESS AT A PUBLIC MEETING; (II) BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN OF THIS CHAPTER; (III) CONSIDER AT ITS MEETINGS ONLY ITEMS SET FORTH ON ITS AGENDA WHICH SHALL BE PUBLISHED FIVE DAYS IN ADVANCE OF A MEETING ON A WEBSITE ACCESSIBLE BY THE PUBLIC; AND (IV) RECORD MINUTES OF ALL BUSINESS CONDUCTED AT SAID MEETINGS WHICH MINUTES SHALL BE PUBLISHED WITHIN FIVE DAYS AFTER THE MEETING ON A WEBSITE ACCESSIBLE TO THE PUBLIC. (C) The corporation may do any and all things necessary to carry out and exercise the powers given and granted by this section. [(c)] (D) Notwithstanding any other provision of law, to the contrary, all state entities and their officers shall cooperate with the corpo- ration in good faith and may implement the recommendations of the corpo- ration. § 2. This act shall take effect immediately, provided, however, that the amendments to subdivision 4 of section 1678-a of the public authori- ties law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
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