NY State Senate Bill S922B

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2018	referred to codes delivered to assembly passed senate ordered to third reading cal.1122 committee discharged and committed to rules
Feb 02, 2018	print number 922b
Feb 02, 2018	amend and recommit to commerce, economic development and small business
Jan 03, 2018	referred to commerce, economic development and small business
Jun 21, 2017	committed to rules
Feb 13, 2017	amended on third reading 922a
Feb 07, 2017	advanced to third reading
Feb 06, 2017	2nd report cal.
Jan 31, 2017	1st report cal.133
Jan 05, 2017	referred to commerce, economic development and small business

Votes

view votes

May 9, 2018 - floor Vote

S922B

floor

Aye

Nay

Absent

Excused

Abstained

May 9, 2018 - Rules committee Vote

S922B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 31, 2017 - Commerce, Economic Development and Small Business committee Vote

S922

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S922 - Details

See Assembly Version of this Bill:: A5405
Current Committee:: Assembly Codes
Law Section:: Economic Development Law
Laws Affected:: Add §11, Ec Dev L; amd §§73-a & 74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7356
2019-2020: A1664
2021-2022: A3890

S922 - Summary

Directs the governor to establish 10 regional economic development councils to provide long-term strategic planning for economic growth for the regions of the state; requires members of regional economic development councils to follow the financial disclosure requirements and the code of ethics in the public officers law.

S922 - Sponsor Memo

 BILL NUMBER:  S922           Revised 2/2/17

 TITLE OF BILL :  An act to amend the economic development law and the
public officers law, in relation to the establishment of regional
economic development councils; and providing for the repeal of such
provisions upon expiration thereof

 PURPOSE :

This bill statutorily establishes the existing regional economic
development councils and requires that the members of the council be
subject to Senate confirmation. Members will also be required to
comply with financial disclosure requirements of section 73-a of the
public officers law and the code of ethics that all other public
officers are currently bound by.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one amends the economic development law by placing the
regional economic development councils in statute. The ten regions
consist of the same geographical make-up that they currently operate
in, and the mission of the regional councils remains unchanged. This
section provides that the members will continue to be appointed by the
governor, but that the Senate shall have the responsibility of
confirming the members. Finally, this section provides that the
members of the council shall be subject to the financial disclosure

requirements of section 73-a of the public officers law.

Section two amends the public officers law, to make corresponding
changes, requiring that members of the regional economic development
council file financial disclosure forms.

Section three provides that the members of the regional economic
development council shall be subject to the code of ethics, in the
same manner as a public officers, legislative employees and members of
the legislature.

Section four provides that this act shall take effect immediately.

 JUSTIFICATION :

The Regional Economic Development Councils were initiated by Governor
Cuomo in 2011 as part of his approach to State investment and economic
development. The Councils are public-private partnerships, made up of
local experts and stakeholders with diverse backgrounds. Since
conception, the Regional Councils have redefined the way that New York
invests in jobs and economic growth. Since 2011, the Governor has
appropriated nearly $4.6 billion dollars to thousands of projects,
through the Regional Economic Development Councils.

Due to the fact that the Regional Economic Development Councils were
never formally adopted into statute, the Governor has had the
unrestricted ability to appoint the individuals who are responsible
for determining the future of the State's economic development.
Further, because the individuals who are unilaterally appointed by the
Governor are not subject to the financial disclosure requirements of
the public officers law, there is no means of ensuring that these
individuals are serving the best interests of the state, and not
engaging in self-serving activities. Finally, by subjecting members of
the regional economic development council to the code of ethics, we
can ensure that the members are acting in the best interest of the
state.

The public must trust that their tax dollars are being allocated in a
manner that best serves the interests of our great state.

 PRIOR LEGISLATIVE HISTORY :

S.7356 of 2015/16: Referred to Commerce, Economic Development and
Small Business

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately and shall be expire and be
deemed repealed two years after such date.

S922 - Bill Text download pdf


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

                                   922

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sens.  CROCI,  AKSHAR, GALLIVAN, HANNON, LARKIN, MURPHY,
  ORTT, SERINO -- read twice and ordered printed, and when printed to be
  committed to the Committee on Commerce, Economic Development and Small
  Business

AN ACT to amend the economic development law  and  the  public  officers
  law, in relation to the establishment of regional economic development
  councils; and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section 1. The economic development law is amended  by  adding  a  new
section 11 to read as follows:
  §  11.  REGIONAL  ECONOMIC DEVELOPMENT COUNCILS. 1. THE GOVERNOR SHALL
ESTABLISH TEN REGIONAL ECONOMIC DEVELOPMENT COUNCILS, ONE  FOR  EACH  OF
THE FOLLOWING REGIONS OF THE STATE:
  (A) LONG ISLAND (WHICH CONSISTS OF SUFFOLK AND NASSAU COUNTIES);
  (B)  THE  CITY OF NEW YORK (WHICH CONSISTS OF BRONX, NEW YORK, QUEENS,
BROOKLYN, AND RICHMOND COUNTIES);
  (C) THE MID-HUDSON REGION (WHICH CONSISTS OF SULLIVAN, ULSTER,  DUTCH-
ESS, ORANGE, PUTNAM, WESTCHESTER, AND ROCKLAND COUNTIES);
  (D)  THE SOUTHERN TIER (WHICH CONSISTS OF STEUBEN, SCHUYLER, TOMPKINS,
CHEMUNG, TIOGA, CHENANGO, BROOME, AND DELAWARE COUNTIES);
  (E) THE CAPITAL REGION (WHICH CONSISTS OF WARREN, WASHINGTON,  SARATO-
GA, SCHENECTADY, RENSSELAER, ALBANY, COLUMBIA, AND GREENE COUNTIES);
  (F)  THE  MOHAWK  VALLEY  (WHICH CONSISTS OF ONEIDA, HERKIMER, FULTON,
MONTGOMERY, OTSEGO, AND SCHOHARIE COUNTIES);
  (G) THE NORTH  COUNTRY  (WHICH  CONSISTS  OF  CLINTON,  FRANKLIN,  ST.
LAWRENCE, JEFFERSON, LEWIS, HAMILTON, AND ESSEX COUNTIES);
  (H)  THE  CENTRAL  REGION (WHICH CONSISTS OF OSWEGO, CAYUGA, ONONDAGA,
MADISON, AND CORTLAND COUNTIES);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02141-01-7

S. 922                              2

  (I) THE FINGER LAKES REGION (WHICH CONSISTS OF ORLEANS, MONROE, WAYNE,
GENESEE, WYOMING, LIVINGSTON, ONTARIO, SENECA, AND YATES COUNTIES); AND
  (J)  THE  WESTERN REGION (WHICH CONSISTS OF NIAGARA, ERIE, CHAUTAUQUA,
CATTARAUGUS, AND ALLEGANY COUNTIES).
  2. EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL DEVELOP  LONG-TERM
STRATEGIC PLANS FOR ECONOMIC GROWTH WITHIN ITS REGION OF THE STATE.
  3.  THE MEMBERS OF EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL BE
LOCAL EXPERTS AND STAKEHOLDERS FROM BUSINESSES, ACADEMIA, MUNICIPALITIES
AND NON-GOVERNMENTAL ORGANIZATIONS WITHIN THE REGION. ALL  SUCH  MEMBERS
SHALL  BE  APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE
SENATE, AND SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.
  4. ALL MEMBERS OF REGIONAL  ECONOMIC  DEVELOPMENT  COUNCILS  SHALL  BE
SUBJECT TO THE PROVISIONS OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW.
  § 2. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
section 73-a of the public officers law, as amended by section 5 of part
A of chapter 399 of the laws of 2011, are amended and a new subparagraph
(iv) is added to read as follows:
  (ii)  officers  and employees of statewide elected officials, officers
and employees of state departments, boards, bureaus, divisions,  commis-
sions, councils or other state agencies, who receive annual compensation
in excess of the filing rate established by paragraph (l) of this subdi-
vision  or  who  hold policy-making positions, as annually determined by
the appointing authority and set forth in  a  written  instrument  which
shall be filed with the joint commission on public ethics established by
section  ninety-four  of the executive law during the month of February,
provided, however, that the appointing authority shall amend such  writ-
ten  instrument after such date within thirty days after the undertaking
of policy-making responsibilities by a new employee or any other employ-
ee whose name did not appear on  the  most  recent  written  instrument;
[and]
  (iii)  members  or  directors of public authorities, other than multi-
state authorities, public benefit corporations and commissions at  least
one of whose members is appointed by the governor, and employees of such
authorities,  corporations  and  commissions  who receive annual compen-
sation in excess of the filing rate established by paragraph (l) of this
subdivision or who hold policy-making positions, as determined  annually
by  the appointing authority and set forth in a written instrument which
shall be filed with the joint commission on public ethics established by
section ninety-four of the executive law during the month  of  February,
provided,  however, that the appointing authority shall amend such writ-
ten instrument after such date within thirty days after the  undertaking
of policy-making responsibilities by a new employee or any other employ-
ee  whose  name did not appear on the most recent written instrument[.];
AND
  (IV) MEMBERS OF REGIONAL ECONOMIC DEVELOPMENT COUNCILS.
  § 3. Section 74 of the public officers law, as amended by chapter 1012
of the laws of 1965, the opening paragraph of subdivision 1 and subdivi-
sion 4 as amended by chapter 14 of the laws of 2007, subdivisions 2  and
3  as amended by section 7 of part K of chapter 286 of the laws of 2016,
is amended to read as follows:
  § 74. Code of ethics. 1. Definition. As used in this section: The term
"state agency" shall mean any  state  department,  or  division,  board,
commission,  or  bureau  of  any  state department or any public benefit
corporation or public  authority  at  least  one  of  whose  members  is
appointed  by  the  governor  or  corporations  closely  affiliated with

S. 922                              3

specific state agencies as defined by paragraph (d) of subdivision  five
of section fifty-three-a of the state finance law or their successors.
  The  term "legislative employee" shall mean any officer or employee of
the legislature but it shall not include members of the legislature.
  2. Rule with respect to conflicts of interest. No officer or  employee
of  a state agency, member of the legislature or legislative employee OR
MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT COUNCIL should have any inter-
est, financial or otherwise, direct or indirect, or engage in any  busi-
ness  or transaction or professional activity or incur any obligation of
any nature, which is in substantial conflict with the  proper  discharge
of his or her duties in the public interest.
  3. Standards.
  a. No officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT
COUNCIL should accept other employment which  will  impair  his  or  her
independence of judgment in the exercise of his or her official duties.
  b. No officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT
COUNCIL should accept employment or engage in any  business  or  profes-
sional  activity  which will require him or her to disclose confidential
information which he or she has gained by reason of his or her  official
position or authority.
  c. No officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT
COUNCIL should disclose confidential information acquired by him or  her
in  the course of his or her official duties nor use such information to
further his or her personal interests.
  d. No officer or employee of a state agency, member of the legislature
or legislative employee OR MEMBER OF  A  REGIONAL  ECONOMIC  DEVELOPMENT
COUNCIL  should  use  or  attempt to use his or her official position to
secure unwarranted privileges or exemptions for himself  or  herself  or
others,  including  but not limited to, the misappropriation to himself,
herself or to others of the property, services or other resources of the
state  for  private  business  or  other  compensated   non-governmental
purposes.
  e. No officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT
COUNCIL should engage in any transaction as representative or  agent  of
the  state  with  any business entity in which he or she has a direct or
indirect financial interest that might reasonably tend to conflict  with
the proper discharge of his or her official duties.
  f. An officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT
COUNCIL should not by his or her conduct give reasonable basis  for  the
impression that any person can improperly influence him or her or unduly
enjoy his or her favor in the performance of his or her official duties,
or  that  he or she is affected by the kinship, rank, position or influ-
ence of any party or person.
  g. An officer or employee of a state agency OR MEMBER  OF  A  REGIONAL
ECONOMIC  DEVELOPMENT  COUNCIL  should  abstain  from  making  personnel
investments in enterprises which he or she has reason to believe may  be
directly  involved  in  decisions to be made by him or her or which will
otherwise create substantial conflict between his or  her  duty  in  the
public interest and his or her private interest.
  h. An officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT

S. 922                              4

COUNCIL should endeavor to pursue a course of  conduct  which  will  not
raise  suspicion among the public that he or she is likely to be engaged
in acts that are in violation of his or her trust.
  i.  No  officer  or employee of a state agency employed on a full-time
basis nor any firm or association of which such an officer  or  employee
is  a member nor corporation a substantial portion of the stock of which
is owned or controlled directly or indirectly by such officer or employ-
ee OR MEMBER OF A REGIONAL ECONOMIC  DEVELOPMENT  COUNCIL,  should  sell
goods  or services to any person, firm, corporation or association which
is licensed or whose rates are fixed by the state agency in  which  such
officer or employee serves or is employed.
  4.  Violations.  In  addition  to  any  penalty contained in any other
provision of law any such officer, member or employee  OR  MEMBER  OF  A
REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL  who shall knowingly and inten-
tionally violate any of the provisions of this  section  may  be  fined,
suspended or removed from office or employment in the manner provided by
law.  Any  such  individual who knowingly and intentionally violates the
provisions of paragraph b, c, d  or  i  of  subdivision  three  of  this
section  shall  be subject to a civil penalty in an amount not to exceed
ten thousand dollars and the value of any gift, compensation or  benefit
received as a result of such violation. Any such individual who knowing-
ly  and  intentionally violates the provisions of paragraph a, e or g of
subdivision three of this section shall be subject to a civil penalty in
an amount not to exceed the value of any gift, compensation  or  benefit
received as a result of such violation.
  §  4.  This  act shall take effect immediately and shall expire and be
deemed repealed two years after such date.

Co-Sponsors

S922A - Details

See Assembly Version of this Bill:: A5405
Current Committee:: Assembly Codes
Law Section:: Economic Development Law
Laws Affected:: Add §11, Ec Dev L; amd §§73-a & 74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7356
2019-2020: A1664
2021-2022: A3890

S922A - Summary

S922A - Sponsor Memo

 
BILL NUMBER: S922A               Revised 01/31/18

SPONSOR: CROCI
 
TITLE OF BILL:

An act to amend the economic development law and the public officers
law, in relation to the establishment of regional economic development
councils; and providing for the repeal of such provisions upon expira-
tion thereof

 
PURPOSE:

This bill statutorily establishes the existing regional economic devel-
opment councils. Members will be required to comply with financial
disclosure requirements of section 73-a of the public officers law and
the code of ethics that all other public officers are currently bound
by.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the economic development law by placing the regional

economic development councils in statute. The ten regions consist of the
same geographical make-up that they currently operate in, and the
mission of the regional councils remains unchanged. This section
provides that the members will continue to be appointed by the governor.
Finally, this section provides that the members of the council shall be
subject to the financial disclosure requirements of section 73-a of the
public officers law.

Section two amends the public officers law, to make corresponding chang-
es, requiring that members of the regional economic development council
file financial disclosure forms.

Section three provides that the members of the regional economic devel-
opment council shall be subject to the code of ethics, in the same
manner as public officers of an agency, legislative employees and
members of the legislature.

Section four provides that this act shall take effect immediately and
shall be deemed repealed December 31, 2018.

 
JUSTIFICATION:

The Regional Economic Development Councils were initiated by Governor
Cuomo in 2011 as part of his approach to State investment and economic
development. The Councils are public-private partnerships, made up of
local experts and stakeholders with diverse backgrounds.  Since
conception, the Regional Councils have redefined the way that New York
invests in jobs and economic growth. Since 2011, the Governor has appro-
priated nearly $4.6 billion dollars to thousands of projects, through
the Regional Economic Development Councils. Due to the fact that the
Regional Economic Development Councils were never formally adopted into
statute, the Governor has had the unrestricted ability to appoint the
individuals who are responsible for determining the future of the
State's economic development. Further, because the individuals who are
unilaterally appointed by the Governor are not subject to the financial
disclosure requirements of the public officers law, there is no means of
ensuring that these individuals are serving the best interests of the
state, and not engaging in self-serving activities. Finally, by subject-
ing members of the regional economic development council to the code of
ethics, we can ensure that the members are acting in the best interest
of the state.  The public must trust that their tax dollars are being
allocated in a manner that best serves the interests of our great state.

 
PRIOR LEGISLATIVE HISTORY:

S.7356 of 2015/16: Referred to Commerce, Economic Development and Small
Business

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be expire and be deemed
Repealed December 31, 2018.

S922A - Bill Text download pdf


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

                                 922--A
    Cal. No. 133

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sens.  CROCI,  AKSHAR, GALLIVAN, HANNON, LARKIN, MURPHY,
  ORTT, SERINO -- read twice and ordered printed, and when printed to be
  committed to the Committee on Commerce, Economic Development and Small
  Business -- reported favorably from said committee, ordered  to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the economic development law  and  the  public  officers
  law, in relation to the establishment of regional economic development
  councils; and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section 1. The economic development law is amended  by  adding  a  new
section 11 to read as follows:
  §  11.  REGIONAL  ECONOMIC DEVELOPMENT COUNCILS. 1. THE GOVERNOR SHALL
ESTABLISH TEN REGIONAL ECONOMIC DEVELOPMENT COUNCILS, ONE  FOR  EACH  OF
THE FOLLOWING REGIONS OF THE STATE:
  (A) LONG ISLAND (WHICH CONSISTS OF SUFFOLK AND NASSAU COUNTIES);
  (B)  THE  CITY OF NEW YORK (WHICH CONSISTS OF BRONX, NEW YORK, QUEENS,
KINGS, AND RICHMOND COUNTIES);
  (C) THE MID-HUDSON REGION (WHICH CONSISTS OF SULLIVAN, ULSTER,  DUTCH-
ESS, ORANGE, PUTNAM, WESTCHESTER, AND ROCKLAND COUNTIES);
  (D)  THE SOUTHERN TIER (WHICH CONSISTS OF STEUBEN, SCHUYLER, TOMPKINS,
CHEMUNG, TIOGA, CHENANGO, BROOME, AND DELAWARE COUNTIES);
  (E) THE CAPITAL REGION (WHICH CONSISTS OF WARREN, WASHINGTON,  SARATO-
GA, SCHENECTADY, RENSSELAER, ALBANY, COLUMBIA, AND GREENE COUNTIES);
  (F)  THE  MOHAWK  VALLEY  (WHICH CONSISTS OF ONEIDA, HERKIMER, FULTON,
MONTGOMERY, OTSEGO, AND SCHOHARIE COUNTIES);
  (G) THE NORTH  COUNTRY  (WHICH  CONSISTS  OF  CLINTON,  FRANKLIN,  ST.
LAWRENCE, JEFFERSON, LEWIS, HAMILTON, AND ESSEX COUNTIES);

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

                                                           LBD02141-03-7

S. 922--A                           2

  (H)  THE  CENTRAL  REGION (WHICH CONSISTS OF OSWEGO, CAYUGA, ONONDAGA,
MADISON, AND CORTLAND COUNTIES);
  (I) THE FINGER LAKES REGION (WHICH CONSISTS OF ORLEANS, MONROE, WAYNE,
GENESEE, WYOMING, LIVINGSTON, ONTARIO, SENECA, AND YATES COUNTIES); AND
  (J)  THE  WESTERN REGION (WHICH CONSISTS OF NIAGARA, ERIE, CHAUTAUQUA,
CATTARAUGUS, AND ALLEGANY COUNTIES).
  2. EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL DEVELOP  LONG-TERM
STRATEGIC PLANS FOR ECONOMIC GROWTH WITHIN ITS REGION OF THE STATE.
  3.  THE MEMBERS OF EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL BE
LOCAL EXPERTS AND STAKEHOLDERS FROM BUSINESSES, ACADEMIA, MUNICIPALITIES
AND NON-GOVERNMENTAL ORGANIZATIONS WITHIN THE REGION. ALL  SUCH  MEMBERS
SHALL  BE  APPOINTED  BY THE GOVERNOR AND SHALL SERVE AT THE PLEASURE OF
THE GOVERNOR.
  4. ALL MEMBERS OF REGIONAL  ECONOMIC  DEVELOPMENT  COUNCILS  SHALL  BE
SUBJECT TO THE PROVISIONS OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW.
  § 2. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
section 73-a of the public officers law, as amended by section 5 of part
A of chapter 399 of the laws of 2011, are amended and a new subparagraph
(iv) is added to read as follows:
  (ii)  officers  and employees of statewide elected officials, officers
and employees of state departments, boards, bureaus, divisions,  commis-
sions, councils or other state agencies, who receive annual compensation
in excess of the filing rate established by paragraph (l) of this subdi-
vision  or  who  hold policy-making positions, as annually determined by
the appointing authority and set forth in  a  written  instrument  which
shall be filed with the joint commission on public ethics established by
section  ninety-four  of the executive law during the month of February,
provided, however, that the appointing authority shall amend such  writ-
ten  instrument after such date within thirty days after the undertaking
of policy-making responsibilities by a new employee or any other employ-
ee whose name did not appear on  the  most  recent  written  instrument;
[and]
  (iii)  members  or  directors of public authorities, other than multi-
state authorities, public benefit corporations and commissions at  least
one of whose members is appointed by the governor, and employees of such
authorities,  corporations  and  commissions  who receive annual compen-
sation in excess of the filing rate established by paragraph (l) of this
subdivision or who hold policy-making positions, as determined  annually
by  the appointing authority and set forth in a written instrument which
shall be filed with the joint commission on public ethics established by
section ninety-four of the executive law during the month  of  February,
provided,  however, that the appointing authority shall amend such writ-
ten instrument after such date within thirty days after the  undertaking
of policy-making responsibilities by a new employee or any other employ-
ee  whose  name did not appear on the most recent written instrument[.];
AND
  (IV) MEMBERS OF REGIONAL ECONOMIC DEVELOPMENT COUNCILS.
  § 3. Subdivision 1 of section  74  of  the  public  officers  law,  as
amended  by  chapter  1012 of the laws of 1965, the opening paragraph as
amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
follows:
  1.  Definition. As used in this section: The term "state agency" shall
mean any state department, or division, board, commission, or bureau  of
any state department or any public benefit corporation or public author-
ity at least one of whose members is appointed by the governor or corpo-

S. 922--A                           3

rations  closely  affiliated  with specific state agencies as defined by
paragraph (d) of subdivision five of section fifty-three-a of the  state
finance  law  or  their  successors OR ANY REGIONAL ECONOMIC DEVELOPMENT
COUNCIL AS ESTABLISHED PURSUANT TO SECTION ELEVEN OF THE ECONOMIC DEVEL-
OPMENT LAW.
  The  term "legislative employee" shall mean any officer or employee of
the legislature but it shall not include members of the legislature.
  § 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2018.

Co-Sponsors

S922B (ACTIVE) - Details

See Assembly Version of this Bill:: A5405
Current Committee:: Assembly Codes
Law Section:: Economic Development Law
Laws Affected:: Add §11, Ec Dev L; amd §§73-a & 74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7356
2019-2020: A1664
2021-2022: A3890

S922B (ACTIVE) - Summary

S922B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S922B           Revised 02/23/18

SPONSOR: CROCI
 
TITLE OF BILL:

An act to amend the economic development law and the public officers
law, in relation to the establishment of regional economic development
councils; and providing for the repeal of such provisions upon expira-
tion thereof

 
PURPOSE:

This bill statutorily establishes the existing regional economic devel-
opment councils. Members will be required to comply with financial
disclosure requirements of section 73-a of the public officers law and
the code of ethics that all other public officers are currently bound
by.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the economic development law by placing the regional

economic development councils in statute. The ten regions consist of the
same geographical make-up that they currently operate in, and the
mission of the regional councils remains unchanged. This section
provides that the members will continue to be appointed by the governor.
Finally, this section provides that the members of the council shall be
subject to the financial disclosure requirements of section 73-a of the
public officers law.

Section two amends the public officers law, to make corresponding chang-
es, requiring that members of the regional economic development council
file financial disclosure forms.

Section three provides that the members of the regional economic devel-
opment council shall be subject to the code of ethics, in the same
manner as public officers of an agency, legislative employees and
members of the legislature.

Section four provides that this act shall take effect immediately and
shall be deemed repealed December 31, 2019.

 
JUSTIFICATION:

The Regional Economic Development Councils were initiated by Governor
Cuomo in 2011 as part of his approach to State investment and economic
development. The Councils are public-private partnerships, made up of
local experts and stakeholders with diverse backgrounds.  Since
conception, the Regional Councils have redefined the way that New York
invests in jobs and economic growth. Since 2011, the Governor has appro-
priated more than $5.4 billion dollars to thousands of projects, through
the Regional Economic Development Councils. Due to the fact that the
Regional Economic Development Councils were never formally adopted into
statute, the Governor has had the unrestricted ability to appoint the
individuals who are responsible for determining the future of the
State's economic development. Further, because the individuals who are
unilaterally appointed by the Governor are not subject to the financial
disclosure requirements of the public officers law, there is no means of
ensuring that these individuals are serving the best interests of the
state, and not engaging in self-serving activities. Finally, by subject-
ing members of the regional economic development council to the code of
ethics, we can ensure that the members are acting in the best interest
of the state.  The public must trust that their tax dollars are being
allocated in a manner that best serves the interests of our great state.

 
PRIOR LEGISLATIVE HISTORY:

S.7356 of 2015/16: Referred to Commerce, Economic Development and Small
Business

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be expire and be deemed
Repealed December 31, 2019.

S922B (ACTIVE) - Bill Text download pdf


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

                                 922--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sens.  CROCI,  AKSHAR, GALLIVAN, HANNON, LARKIN, MURPHY,
  ORTT, SERINO -- read twice and ordered printed, and when printed to be
  committed to the Committee on Commerce, Economic Development and Small
  Business -- reported favorably from said committee, ordered  to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted to the Committee on Commerce, Economic  Development  and  Small
  Business  in  accordance  with  Senate  Rule  6,  sec.  8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the economic development law  and  the  public  officers
  law, in relation to the establishment of regional economic development
  councils; and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section 1. The economic development law is amended  by  adding  a  new
section 11 to read as follows:
  §  11.  REGIONAL  ECONOMIC DEVELOPMENT COUNCILS. 1. THE GOVERNOR SHALL
ESTABLISH TEN REGIONAL ECONOMIC DEVELOPMENT COUNCILS, ONE  FOR  EACH  OF
THE FOLLOWING REGIONS OF THE STATE:
  (A) LONG ISLAND (WHICH CONSISTS OF SUFFOLK AND NASSAU COUNTIES);
  (B)  THE  CITY OF NEW YORK (WHICH CONSISTS OF BRONX, NEW YORK, QUEENS,
KINGS, AND RICHMOND COUNTIES);
  (C) THE MID-HUDSON REGION (WHICH CONSISTS OF SULLIVAN, ULSTER,  DUTCH-
ESS, ORANGE, PUTNAM, WESTCHESTER, AND ROCKLAND COUNTIES);
  (D)  THE SOUTHERN TIER (WHICH CONSISTS OF STEUBEN, SCHUYLER, TOMPKINS,
CHEMUNG, TIOGA, CHENANGO, BROOME, AND DELAWARE COUNTIES);
  (E) THE CAPITAL REGION (WHICH CONSISTS OF WARREN, WASHINGTON,  SARATO-
GA, SCHENECTADY, RENSSELAER, ALBANY, COLUMBIA, AND GREENE COUNTIES);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02141-11-8

S. 922--B                           2

  (F)  THE  MOHAWK  VALLEY  (WHICH CONSISTS OF ONEIDA, HERKIMER, FULTON,
MONTGOMERY, OTSEGO, AND SCHOHARIE COUNTIES);
  (G)  THE  NORTH  COUNTRY  (WHICH  CONSISTS  OF  CLINTON, FRANKLIN, ST.
LAWRENCE, JEFFERSON, LEWIS, HAMILTON, AND ESSEX COUNTIES);
  (H) THE CENTRAL REGION (WHICH CONSISTS OF  OSWEGO,  CAYUGA,  ONONDAGA,
MADISON, AND CORTLAND COUNTIES);
  (I) THE FINGER LAKES REGION (WHICH CONSISTS OF ORLEANS, MONROE, WAYNE,
GENESEE, WYOMING, LIVINGSTON, ONTARIO, SENECA, AND YATES COUNTIES); AND
  (J)  THE  WESTERN REGION (WHICH CONSISTS OF NIAGARA, ERIE, CHAUTAUQUA,
CATTARAUGUS, AND ALLEGANY COUNTIES).
  2. EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL DEVELOP  LONG-TERM
STRATEGIC PLANS FOR ECONOMIC GROWTH WITHIN ITS REGION OF THE STATE.
  3.  THE MEMBERS OF EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL BE
LOCAL EXPERTS AND STAKEHOLDERS FROM BUSINESSES, ACADEMIA, MUNICIPALITIES
AND NON-GOVERNMENTAL ORGANIZATIONS WITHIN THE REGION. ALL  SUCH  MEMBERS
SHALL  BE  APPOINTED  BY THE GOVERNOR AND SHALL SERVE AT THE PLEASURE OF
THE GOVERNOR.
  4. ALL MEMBERS OF REGIONAL  ECONOMIC  DEVELOPMENT  COUNCILS  SHALL  BE
SUBJECT TO THE PROVISIONS OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW.
  § 2. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
section 73-a of the public officers law, as amended by section 5 of part
A of chapter 399 of the laws of 2011, are amended and a new subparagraph
(iv) is added to read as follows:
  (ii)  officers  and employees of statewide elected officials, officers
and employees of state departments, boards, bureaus, divisions,  commis-
sions, councils or other state agencies, who receive annual compensation
in excess of the filing rate established by paragraph (l) of this subdi-
vision  or  who  hold policy-making positions, as annually determined by
the appointing authority and set forth in  a  written  instrument  which
shall be filed with the joint commission on public ethics established by
section  ninety-four  of the executive law during the month of February,
provided, however, that the appointing authority shall amend such  writ-
ten  instrument after such date within thirty days after the undertaking
of policy-making responsibilities by a new employee or any other employ-
ee whose name did not appear on  the  most  recent  written  instrument;
[and]
  (iii)  members  or  directors of public authorities, other than multi-
state authorities, public benefit corporations and commissions at  least
one of whose members is appointed by the governor, and employees of such
authorities,  corporations  and  commissions  who receive annual compen-
sation in excess of the filing rate established by paragraph (l) of this
subdivision or who hold policy-making positions, as determined  annually
by  the appointing authority and set forth in a written instrument which
shall be filed with the joint commission on public ethics established by
section ninety-four of the executive law during the month  of  February,
provided,  however, that the appointing authority shall amend such writ-
ten instrument after such date within thirty days after the  undertaking
of policy-making responsibilities by a new employee or any other employ-
ee  whose  name did not appear on the most recent written instrument[.];
AND
  (IV) MEMBERS OF REGIONAL ECONOMIC DEVELOPMENT COUNCILS.
  § 3. Subdivision 1 of section  74  of  the  public  officers  law,  as
amended  by  chapter  1012 of the laws of 1965, the opening paragraph as
amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
follows:

S. 922--B                           3

  1.  Definition. As used in this section: The term "state agency" shall
mean any state department, or division, board, commission, or bureau  of
any state department or any public benefit corporation or public author-
ity at least one of whose members is appointed by the governor or corpo-
rations  closely  affiliated  with specific state agencies as defined by
paragraph (d) of subdivision five of section fifty-three-a of the  state
finance  law  or  their  successors OR ANY REGIONAL ECONOMIC DEVELOPMENT
COUNCIL AS ESTABLISHED PURSUANT TO SECTION ELEVEN OF THE ECONOMIC DEVEL-
OPMENT LAW.
  The term "legislative employee" shall mean any officer or employee  of
the legislature but it shall not include members of the legislature.
  §  4.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2019.

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senate Bill S922B

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S922B (ACTIVE) - Bill Text download pdf

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senate Bill S922B

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 9, 2018 - floor Vote

Floor Vote: May 9, 2018

May 9, 2018 - Rules committee Vote

Rules Committee Vote: May 9, 2018

Jan 31, 2017 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Jan 31, 2017

Bill Amendments

Co-Sponsors

S922 - Details

S922 - Summary

S922 - Sponsor Memo

S922 - Bill Text download pdf

Co-Sponsors

S922A - Details

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S922B (ACTIVE) - Details

S922B (ACTIVE) - Summary

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S922B (ACTIVE) - Bill Text download pdf

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