S T A T E O F N E W Y O R K
________________________________________________________________________
7725
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
___________
Introduced by M. of A. QUINN, FINCH, McDONOUGH, McKEVITT, MOLINARO --
Multi-Sponsored by -- M. of A. BACALLES, BURLING, CALHOUN, CORWIN,
CROUCH, DUPREY, ERRIGO, FITZPATRICK, GIGLIO, GUNTHER, JAFFEE, OAKS,
RABBITT, RAIA, TOWNSEND, WALKER -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to school
district representation in industrial development agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 856 of the general municipal law,
as amended by chapter 356 of the laws of 1993, is amended to read as
follows:
2. An agency shall be a corporate governmental agency, constituting a
public benefit corporation. Except as otherwise provided by special act
of the legislature, an agency shall consist of not less than three nor
more than [seven] EIGHT members, ONE OF WHOM SHALL BE A PUBLIC SCHOOL
REPRESENTATIVE APPOINTED UPON THE RECOMMENDATION MADE PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION, IF A RESOLUTION PROVIDING THEREFOR IS
ADOPTED, who shall be appointed by the governing body of each munici-
pality and who shall serve at the pleasure of the appointing authority.
Such members may include representatives of local government, school
boards, organized labor and business. A member shall continue to hold
office until [his] SUCH MEMBER'S successor is appointed and has quali-
fied. The governing body of each municipality shall designate the first
chairman and file with the secretary of state a certificate of appoint-
ment or reappointment of any member. Such members shall receive no
compensation for their services but shall be entitled to the necessary
expenses, including traveling expenses, incurred in the discharge of
their duties.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08103-01-9
A. 7725 2
S 2. Subdivision 4 of section 856 of the general municipal law is
renumbered subdivision 5 and a new subdivision 4 is added to read as
follows:
4. ONE MEMBER OF EACH AGENCY SHALL, IF THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES WITHIN THE JURISDICTION OF SUCH INDUS-
TRIAL DEVELOPMENT AGENCY ADOPTS A RESOLUTION PROVIDING THEREFOR, BE A
PUBLIC SCHOOL REPRESENTATIVE FROM WITHIN THE MUNICIPALITY FOR WHOSE
BENEFIT SUCH AGENCY IS ESTABLISHED. THE PUBLIC SCHOOL REPRESENTATIVE
SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE BOARD OF EDUCATION OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES MADE BY ITS ADOPTION OF A
RESOLUTION IN SUPPORT OF SUCH CANDIDATE AS FOLLOWS: (I) FOR A TOWN OR
VILLAGE INDUSTRIAL DEVELOPMENT AGENCY, BY THE BOARD OF EDUCATION LOCATED
WITHIN THE TOWN OR VILLAGE OR ANY PART THEREOF; (II) FOR A COUNTY INDUS-
TRIAL DEVELOPMENT AGENCY, BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES LOCATED WITHIN THE COUNTY OR ANY PART THEREOF; (III) FOR A CITY
INDUSTRIAL DEVELOPMENT AGENCY, BY THE CITY BOARD OF EDUCATION. IN A CASE
WHERE THERE IS MORE THAN ONE BOARD OF EDUCATION OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES WITHIN THE MUNICIPALITY SERVED BY THE INDUSTRIAL
DEVELOPMENT AGENCY OR ANY PART THEREOF, THEN THE REPRESENTATIVE SHALL BE
NOMINATED BY MUTUAL AGREEMENT OF SUCH BOARDS OF EDUCATION OR BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES CHOOSING TO HAVE A REPRESENTATIVE ON
THE AGENCY. THE PUBLIC SCHOOL REPRESENTATIVE SHALL BRING THE PERSPECTIVE
OF SUCH BOARDS OF EDUCATION OR BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES TO THE AGENCY AND REPORT TO SUCH BOARDS OF EDUCATION OR BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES AT A REGULAR MEETING AT LEAST ANNU-
ALLY.
S 3. Subdivision 5 of section 856 of the general municipal law, as
added by chapter 1030 of the laws of 1969 and as renumbered by section
two of this act, is amended to read as follows:
5. Any one or more of the members of an agency may be an official or
an employee of the municipality OR A SCHOOL DISTRICT CONTAINED WITHIN
THE MUNICIPALITY. In the event that an official or an employee of the
municipality OR A SCHOOL DISTRICT CONTAINED WITHIN THE MUNICIPALITY
shall be appointed as a member of the agency, acceptance or retention of
such appointment shall not be deemed a forfeiture of [his] SUCH MEMBER'S
municipal OR SCHOOL DISTRICT office or employment, or incompatible ther-
ewith or affect [his] SUCH MEMBER'S tenure or compensation in any way.
The term of office of a member of an agency who is an official or an
employee of the municipality OR A SCHOOL DISTRICT CONTAINED WITHIN THE
MUNICIPALITY when appointed as a member thereof by special act of the
legislature creating the industrial development agency shall terminate
at the expiration of the term of [his] SUCH MEMBER'S municipal OR SCHOOL
DISTRICT office.
S 4. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.