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

                                  9538

                          I N  A S S E M B L Y

                             March 15, 2016
                               ___________

Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, in relation to information on persons
  subjected to section 73-a of the public  officers  law  and  who  hold
  policy-making positions

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

  Section 1. The executive law is amended by adding a new section  100-a
to read as follows:
  S 100-A. INFORMATION ON STATE AGENCIES PERTAINING TO PERSONS SUBJECTED
TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW AND WHO HOLD POLI-
CY-MAKING POSITIONS.  1. AS USED IN THIS SECTION "AGENCY" MEANS:
  (A) ANY STATE DEPARTMENT, BOARD, BUREAU, DIVISION, COUNCIL, COMMITTEE,
COMMISSION, OR OFFICE;
  (B)  ANY  OTHER SIMILAR STATE PUBLIC ORGANIZATION ESTABLISHED PURSUANT
TO STATE STATUTES, EXECUTIVE ORDER, OR OTHER EXECUTIVE  ACTION  FOR  THE
EXERCISE  OF  ANY  FUNCTION OF STATE GOVERNMENT AND TO WHICH MEMBERS ARE
APPOINTED OR ELECTED; AND
  (C) ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION A  MAJORITY  OF
WHOSE  MEMBERS  ARE  APPOINTED  BY  THE  GOVERNOR OR SERVE AS MEMBERS BY
VIRTUE OF HOLDING STATE OFFICES TO WHICH  THEY  WERE  APPOINTED  BY  THE
GOVERNOR, OR ANY COMBINATION THEREOF.
  2. "AGENCY" DOES NOT INCLUDE:
  (A)  ANY  INFORMAL  ADVISORY ORGANIZATION ESTABLISHED EXCLUSIVELY BY A
STATE AGENCY TO ADVISE A COMMISSIONER, SECRETARY, OR OTHER  DIRECTOR  OF
THAT AGENCY ON AN INFORMAL BASIS;
  (B) THE STATE LEGISLATURE; AND
  (C) ANY LOCAL GOVERNMENT OR SUBDIVISION OR ENTITY THEREOF.
  3.  THE  SECRETARY  OF  STATE  SHALL MAINTAIN A COMPILATION OF PERSONS
SUBJECTED TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW AND  WHO
HOLD  POLICY-MAKING  POSITIONS  AT  ALL  STATE AGENCIES, INCLUDING STATE
AGENCIES ESTABLISHED AFTER THE EFFECTIVE DATE OF  THIS  SECTION.    SUCH
COMPILATION  SHALL  IDENTIFY  BY AGENCY THE PERSONS SUBJECTED TO SECTION
SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW AND  WHO  HOLD  POLICY-MAKING

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

                                                           LBD14119-03-6

A. 9538                             2

POSITIONS,  THE  LENGTH  OF  TIME  SUCH  POSITIONS HAVE BEEN HELD, AND A
REPRESENTATION OF POLICY-MAKING POSITIONS AT SUCH AGENCY HELD  BY  WOMEN
COMPARED  TO POLICY-MAKING POSITIONS HELD BY MEN. THE SECRETARY OF STATE
SHALL  KEEP  SUCH INVENTORY IN A PUBLIC RECORD AVAILABLE FOR INSPECTION,
AND UPDATED ANNUALLY ON THE DEPARTMENT OF STATE WEBSITE.
  4. EACH AGENCY SHALL ANNUALLY ON OR BEFORE JANUARY  FIRST,  SUBMIT  TO
THE SECRETARY OF STATE ALL INFORMATION REQUIRED PURSUANT TO THIS SECTION
IN A MANNER SPECIFIED BY THE SECRETARY OF STATE TO FACILITATE THE PUBLI-
CATION REQUIREMENTS OF THIS SECTION.
  5.  FOR  THE  PURPOSES  OF THIS SECTION, "PERSONS SUBJECTED TO SECTION
SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW AND  WHO  HOLD  POLICY-MAKING
DECISIONS"  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, A COMMISSIONER, A
SUPERINTENDENT, AN EXECUTIVE DIRECTOR, AND OTHER CHIEF  EXECUTIVE  OFFI-
CERS,  POSITIONS  APPOINTED BY THE GOVERNOR, AS WELL AS THE APPOINTMENTS
OF THE AFOREMENTIONED WHOSE FUNCTION IS ESSENTIAL TO  THE  POLICY-MAKING
PROCESSES  OF  SUCH  AGENCY,  AND  ANY  OTHER POSITION WHOSE FUNCTION IS
ESSENTIAL TO THE POLICY-MAKING PROCESSES OF SUCH AGENCY.
  S 2. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.