S T A T E   O F   N E W   Y O R K
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                                  2317--A
     Cal. No. 1146
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced by Sens. SKOUFIS, KRUEGER, MATTERA, MAYER, WEBB -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Local Government -- 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 general municipal law  and  the  public  authorities
   law,  in relation to preventing certain elected officials from being a
   member of an agency or industrial development authority; and to repeal
   subdivision 4 of section 856 of the  general  municipal  law  relating
   thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 856 of the general  municipal  law
 is REPEALED and a new subdivision 4 is added to read as follows:
   4.  NO MEMBER OF AN AGENCY SHALL BE AN ELECTED OFFICIAL OF THE MUNICI-
 PALITY NOR SHALL ANY MEMBER OF AN AGENCY BE AN ELECTED OFFICIAL  OF  ANY
 COUNTY,  CITY, TOWN, OR VILLAGE WITHIN THE COUNTY IN WHICH THE AGENCY IS
 LOCATED. WHERE AN INDIVIDUAL WHO CURRENTLY SERVES  AS  A  MEMBER  OF  AN
 AGENCY  WOULD  BE INELIGIBLE TO SERVE UNTIL THEIR TERM AS A MEMBER OF AN
 AGENCY HAS EXPIRED, THE GOVERNING BODY OF THE MUNICIPALITY OR APPOINTING
 AUTHORITY OF THE AGENCY SHALL APPOINT  NEW  MEMBERS  OF  THE  AGENCY  AS
 PROVIDED  IN  SUBDIVISION TWO OF THIS SECTION WHERE AN INDIVIDUAL WAS NO
 LONGER ABLE TO SERVE IN SUCH A CAPACITY.   THIS  SUBDIVISION  SHALL  NOT
 APPLY TO ANY ELECTED OFFICIALS REQUIRED TO SERVE ON AN INDUSTRIAL DEVEL-
 OPMENT  AGENCY  UNDER  TITLE TWO OF THIS ARTICLE. THIS SUBDIVISION SHALL
 NOT APPLY TO ANY INDUSTRIAL DEVELOPMENT AGENCY THAT HAS A BOARD ENTIRELY
 COMPOSED OF ELECTED OFFICIALS FROM THE MUNICIPALITY THAT CHARTERED  SUCH
 INDUSTRIAL DEVELOPMENT AGENCY.
   § 2. Section 1952 of the public authorities law, as amended by chapter
 579 of the laws of 2021, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01283-02-5
              

 S. 2317--A                          2
 
   §  1952. Troy industrial development authority. 1. A board to be known
 as the "Troy industrial development authority" is hereby  created.  Such
 board shall be a body corporate and politic, constituting a public bene-
 fit corporation and its existence shall commence upon the appointment of
 the members as herein provided. Its members shall consist of a chair and
 eight  other members, all of whom shall be appointed by the mayor of the
 city for a term of three years, and shall include  two  members  of  the
 common council of the city, one representative of the city school board,
 and one representative from each of the fields of business, industry and
 labor.  Every  appointment to the board shall be subject to confirmation
 by the common council of the city.  The  chair  and  each  member  shall
 continue to serve until the appointment and confirmation of [his or her]
 THEIR  successor.  Vacancies  in  such board occurring otherwise than by
 expiration of term shall be filled by the mayor by appointment  for  the
 unexpired  term  subject  to  confirmation  by the common council of the
 city. The mayor may remove the chair or any  member  of  the  board  for
 inefficiency, neglect of duty or misconduct in office, after giving [him
 or  her]  THEM  a  copy  of the charges against [him or her] THEM and an
 opportunity of being heard in person, or by counsel,  in  [his  or  her]
 THEIR  defense upon not less than ten days' notice. Such removal must be
 approved by the city council of the city. The members of the board shall
 be entitled to no compensation for their services but shall be  entitled
 to reimbursement for their actual and necessary expenses incurred in the
 performance  of  their official duties. Notwithstanding any inconsistent
 provisions of law, general, special or local, no officer or employee  of
 the city shall be deemed to have forfeited or shall forfeit [his or her]
 THEIR office or employment by reason of [his or her] THEIR acceptance of
 membership on the board created by this section, provided, however, that
 a  member who holds such other public office or employment shall receive
 no additional compensation or allowance for services  rendered  pursuant
 to  this  title, but shall be entitled to reimbursement for [his or her]
 THEIR actual and necessary expenses incurred in the performance of  such
 services. The power of the authority shall be vested in and exercised by
 a majority of the members of the board. Such a board may delegate to one
 or  more  of its members, or to its officers, agents and employees, such
 powers and duties as it may deem proper. Such board  and  its  corporate
 existence  shall  continue  in  accordance with section nineteen hundred
 sixty-seven of this title. Upon its ceasing to  exist,  all  rights  and
 properties shall pass to and be vested in the city.
   2.  NO  MEMBER OF SUCH BOARD NOR ANY MEMBER OF SUCH AUTHORITY SHALL BE
 AN ELECTED OFFICIAL OF THE CITY OR AN ELECTED OFFICIAL  OF  ANY  COUNTY,
 CITY,  TOWN,  OR  VILLAGE  WITHIN  THE  COUNTY IN WHICH THE AUTHORITY IS
 LOCATED; PROVIDED, HOWEVER, TWO MEMBERS OF THE  COMMON  COUNCIL  OF  THE
 CITY  SHALL  BE  ABLE  TO  SERVE AS MEMBERS OF SUCH BOARD AS REQUIRED BY
 SUBDIVISION ONE OF THIS  SECTION.  WHERE  AN  INDIVIDUAL  WHO  CURRENTLY
 SERVES  AS A MEMBER OF SUCH BOARD OR A MEMBER OF SUCH AUTHORITY WOULD BE
 INELIGIBLE TO SERVE UNTIL THEIR TERM AS SUCH A MEMBER HAS  EXPIRED,  THE
 MAYOR  OF  THE CITY SHALL APPOINT NEW MEMBERS OF THE BOARD OR MEMBERS OF
 THE AUTHORITY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
   § 3. Section 2304 of the public authorities law, as amended by chapter
 356 of the laws of 1993, is amended to read as follows:
   § 2304. Auburn industrial development authority. 1. A  public  benefit
 corporation to be known as the "Auburn industrial development authority"
 is  hereby  created.  Such  board shall be a body corporate and politic,
 constituting a  public  benefit  corporation  and  its  existence  shall
 commence  upon  the  appointment of the members as herein provided.  Its
 S. 2317--A                          3
 
 members shall consist of a [chairman] CHAIR and eight other members  all
 of  whom shall be appointed by the mayor of the city for a term of three
 years, and shall include two members of the common council of the  city,
 one  representative of the city school board and one representative from
 each of the fields of business, industry and labor. Every appointment to
 the board shall be subject to confirmation by the common council of  the
 city. The [chairman] CHAIR and each member shall continue to serve until
 the  appointment and confirmation of [his] THEIR successor. Vacancies in
 such board occurring otherwise than  by  expiration  of  term  shall  be
 filled  by  the  mayor  by appointment for the unexpired term subject to
 confirmation of the common council of the city. The mayor may remove the
 [chairman] CHAIR or any member of the board for inefficiency, neglect of
 duty or misconduct in office, after giving [him]  THEM  a  copy  of  the
 charges  against [him] THEM and an opportunity of being heard in person,
 or by counsel, in [his] THEIR defense  upon  not  less  than  ten  days'
 notice. Such removal must be approved by the common council of the city.
 The  members of the board shall be entitled to no compensation for their
 services but shall be entitled to reimbursement  for  their  actual  and
 necessary expenses incurred in the performance of their official duties.
 Notwithstanding  any inconsistent provisions of law, general, special or
 local, no officer or employee of  the  city  shall  be  deemed  to  have
 forfeited or shall forfeit [his] THEIR office or employment by reason of
 [his]  THEIR  acceptance  of membership of the authority created by this
 article, provided, however, that a member who holds  such  other  public
 office  or employment shall receive no additional compensation or allow-
 ance for services rendered pursuant to this title, but shall be entitled
 to reimbursement for [his] THEIR actual and necessary expenses  incurred
 in the performance of such services. The power of the authority shall be
 vested  in  and exercised by a majority of the members of the authority.
 The authority may delegate to one or more of  its  members,  or  to  its
 officers,  agents  and  employees, such powers and duties as it may deem
 proper. Such board and its corporate existence shall continue only for a
 period of ten years and thereafter until all its liabilities  have  been
 met  and  its  bonds have been paid in full or such liabilities or bonds
 have otherwise been discharged. Upon its ceasing to  exist,  all  rights
 and properties shall pass to and be vested in the city.
   2.  NO  MEMBER OF SUCH BOARD NOR ANY MEMBER OF SUCH AUTHORITY SHALL BE
 AN ELECTED OFFICIAL OF THE CITY OR AN ELECTED OFFICIAL  OF  ANY  COUNTY,
 CITY,  TOWN,  OR  VILLAGE  WITHIN  THE  COUNTY IN WHICH THE AUTHORITY IS
 LOCATED; PROVIDED, HOWEVER, TWO MEMBERS OF THE  COMMON  COUNCIL  OF  THE
 CITY  SHALL  BE  ABLE  TO  SERVE AS MEMBERS OF SUCH BOARD AS REQUIRED BY
 SUBDIVISION ONE OF THIS  SECTION.  WHERE  AN  INDIVIDUAL  WHO  CURRENTLY
 SERVES  AS A MEMBER OF SUCH BOARD OR A MEMBER OF SUCH AUTHORITY WOULD BE
 INELIGIBLE TO SERVE UNTIL THEIR TERM AS SUCH A MEMBER HAS  EXPIRED,  THE
 MAYOR  OF  THE CITY SHALL APPOINT NEW MEMBERS OF THE BOARD OR MEMBERS OF
 THE AUTHORITY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
   § 4. This act shall take effect immediately.