Bill Text: NY A05487 | 2017-2018 | General Assembly | Introduced


Bill Title: Requires the secretary of state to compile, make public and keep current certain information on persons subjected to section 73-a of the public officers law and who hold policy-making positions; further requires the secretary of state to post such information on the department of state website.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-12-21 - signed chap.461 [A05487 Detail]

Download: New_York-2017-A05487-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5487
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  SEAWRIGHT,  SIMON,  HARRIS  -- 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:
     1    Section 1. The executive law is amended by adding a new section  100-a
     2  to read as follows:
     3    § 100-a. Information on state agencies pertaining to persons subjected
     4  to section seventy-three-a of the public officers law and who hold poli-
     5  cy-making positions.  1. As used in this section "agency" means:
     6    (a) any state department, board, bureau, division, council, committee,
     7  commission, or office;
     8    (b)  any  other similar state public organization established pursuant
     9  to state statutes, executive order, or other executive  action  for  the
    10  exercise  of  any  function of state government and to which members are
    11  appointed or elected; and
    12    (c) any public authority or public benefit corporation a  majority  of
    13  whose  members  are  appointed  by  the  governor or serve as members by
    14  virtue of holding state offices to which  they  were  appointed  by  the
    15  governor, or any combination thereof.
    16    2. "Agency" does not include:
    17    (a)  any  informal  advisory organization established exclusively by a
    18  state agency to advise a commissioner, secretary, or other  director  of
    19  that agency on an informal basis;
    20    (b) the state legislature; and
    21    (c) any local government or subdivision or entity thereof.
    22    3.  The  secretary  of  state  shall maintain a compilation of persons
    23  subjected to section seventy-three-a of the public officers law and  who
    24  hold  policy-making  positions  at  all  state agencies, including state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06095-01-7

        A. 5487                             2
     1  agencies established after the effective date of  this  section.    Such
     2  compilation  shall  identify  by agency the persons subjected to section
     3  seventy-three-a of the public officers law and  who  hold  policy-making
     4  positions,  the  length  of  time  such  positions have been held, and a
     5  representation of policy-making positions at such agency held  by  women
     6  compared  to policy-making positions held by men. The secretary of state
     7  shall keep such inventory in a public record available  for  inspection,
     8  and updated annually on the department of state website.
     9    4.  Each  agency  shall annually on or before January first, submit to
    10  the secretary of state all information required pursuant to this section
    11  in a manner specified by the secretary of state to facilitate the publi-
    12  cation requirements of this section.
    13    5. For the purposes of this section,  "persons  subjected  to  section
    14  seventy-three-a  of  the  public officers law and who hold policy-making
    15  decisions" shall include, but not  be  limited  to,  a  commissioner,  a
    16  superintendent,  an  executive director, and other chief executive offi-
    17  cers, positions appointed by the governor, as well as  the  appointments
    18  of  the  aforementioned whose function is essential to the policy-making
    19  processes of such agency, and  any  other  position  whose  function  is
    20  essential to the policy-making processes of such agency.
    21    §  2. This act shall take effect on the first of April next succeeding
    22  the date on which it shall have become a law.
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