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

                                  8701

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2009
                               ___________

Introduced  by  M. of A. DelMONTE, SCHIMMINGER -- read once and referred
  to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation  to  adding  the
  president  of  NYSERDA and the commissioner of economic development to
  the New York state foundation for science, technology  and  innovation
  board and removes the executive director from such board

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

  Section 1. Subdivision 3 of section 3151  of  the  public  authorities
law,  as  amended  by  section 1 of part CC of chapter 59 of the laws of
2006, is amended to read as follows:
  3. Membership. The  voting  members  of  the  foundation  board  shall
consist of: the [executive director of the New York state foundation for
science,  technology  and  innovation]  PRESIDENT  OF THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, OR HIS OR  HER  DESIGNEE  AND
THE  COMMISSIONER  OF  ECONOMIC  DEVELOPMENT, OR HIS OR HER DESIGNEE who
shall be [a] permanent [member] MEMBERS of the foundation  board,  seven
members  from  the private sector, two of whom shall be appointed by the
temporary president of the senate, two of whom shall be appointed by the
speaker of the assembly, and three of whom shall  be  appointed  by  the
governor  with  the  advice and consent of the senate, provided that all
seven members are employed within the private sector throughout the time
of their appointment to  the  foundation  board.    The  private  sector
members shall demonstrate leadership and expertise and be broadly repre-
sentative  across  different  business  sectors  of  the state and shall
include, but not be limited to representatives of the  industrial  tech-
nology  research  and development sector, small business high technology
sector; minority and women business  enterprises,  the  venture  capital
industry;  [five]  FOUR additional members shall be appointed from among
the academic, government, and workforce development sectors, [three] TWO
of whom shall be appointed by the governor, with the advice and  consent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14051-02-9
              

A. 8701                             2

of the senate, one of whom shall be appointed by the temporary president
of  the senate, and one of whom shall be appointed by the speaker of the
assembly; and representatives of the  regional  partnerships  as  estab-
lished  in  this  section  shall also serve as non-voting members of the
board, provided that each partnership shall nominate one of its  members
to serve as a non-voting member of the board. All members of the founda-
tion  board shall serve at the pleasure of the appointing authority and,
notwithstanding any other provision of law, shall be subject to sections
seventy-three and seventy-four of the public officers law. The chair  of
the  foundation  board shall be appointed by the governor from among the
private sector members with the advice and consent of  the  senate.  All
other  officers  of  the  board  shall  be elected from among the voting
members of the board of directors by  the  majority  vote  of  currently
serving  voting  members of the foundation board. The executive director
of the foundation shall be appointed by the governor,  with  the  advice
and consent of the senate. [The executive director of the New York state
office  of  science,  technology  and academic research shall become the
interim executive director of the foundation, and shall be the executive
director of the foundation until the executive director of  the  founda-
tion  is  appointed  by the governor, with the advice and consent of the
senate. The members of the New York state office of science,  technology
and  academic  research  advisory  council shall serve as interim voting
members of the foundation board until the appointing authority  appoints
voting  members  of the foundation board. Nothing contained herein shall
prohibit a member of the New York state office  of  science,  technology
and  academic research advisory council from being appointed as a voting
member of the foundation board by the appropriate appointing authority.]
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.