Bill Text: NY S07356 | 2015-2016 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2016-04-20 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S07356 Detail]
Download: New_York-2015-S07356-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7356 IN SENATE April 20, 2016 ___________ Introduced by Sens. CROCI, GALLIVAN, LARKIN, 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 to provide for the repeal of such provisions upon expi- ration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The economic development law is amended by adding a new 2 section 11 to read as follows: 3 § 11. Regional economic development councils. 1. The governor shall 4 establish ten regional economic development councils, one for each of 5 the following regions of the state: 6 (a) Long Island (which consists of Suffolk and Nassau counties); 7 (b) the city of New York (which consists of Bronx, New York, Queens, 8 Brooklyn, and Richmond counties); 9 (c) the Mid-Hudson region (which consists of Sullivan, Ulster, Dutch- 10 ess, Orange, Putnam, Westchester, and Rockland counties); 11 (d) the Southern tier (which consists of Steuben, Schuyler, Tompkins, 12 Chemung, Tioga, Chenango, Broome, and Delaware counties); 13 (e) the Capital region (which consists of Warren, Washington, Sarato- 14 ga, Schenectady, Rensselaer, Albany, Columbia, and Greene counties); 15 (f) the Mohawk valley (which consists of Oneida, Herkimer, Fulton, 16 Montgomery, Otsego, and Schoharie counties); 17 (g) the North country (which consists of Clinton, Franklin, St. 18 Lawrence, Jefferson, Lewis, Hamilton, and Essex counties); 19 (h) the Central region (which consists of Oswego, Cayuga, Onondaga, 20 Madison, and Cortland counties); 21 (i) the Finger Lakes region (which consists of Orleans, Monroe, Wayne, 22 Genesee, Wyoming, Livingston, Ontario, Seneca, and Yates counties); and 23 (j) the Western region (which consists of Niagara, Erie, Chautauqua, 24 Cattaraugus, and Allegany counties). EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13830-07-6S. 7356 2 1 2. Each regional economic development council shall develop long-term 2 strategic plans for economic growth within its region of the state. 3 3. The members of each regional economic development council shall be 4 local experts and stakeholders from businesses, academia, municipalities 5 and non-governmental organizations within the region. All such members 6 shall be appointed by the governor, with the advice and consent of the 7 senate, and shall serve at the pleasure of the governor. 8 4. All members of regional economic development councils shall be 9 subject to the provisions of section seventy-three-a of the public offi- 10 cers law. 11 § 2. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of 12 section 73-a of the public officers law, as amended by section 5 of part 13 A of chapter 399 of the laws of 2011, are amended and a new subparagraph 14 (iv) is added to read as follows: 15 (ii) officers and employees of statewide elected officials, officers 16 and employees of state departments, boards, bureaus, divisions, commis- 17 sions, councils or other state agencies, who receive annual compensation 18 in excess of the filing rate established by paragraph (l) of this subdi- 19 vision or who hold policy-making positions, as annually determined by 20 the appointing authority and set forth in a written instrument which 21 shall be filed with the joint commission on public ethics established by 22 section ninety-four of the executive law during the month of February, 23 provided, however, that the appointing authority shall amend such writ- 24 ten instrument after such date within thirty days after the undertaking 25 of policy-making responsibilities by a new employee or any other employ- 26 ee whose name did not appear on the most recent written instrument; 27 [and] 28 (iii) members or directors of public authorities, other than multi- 29 state authorities, public benefit corporations and commissions at least 30 one of whose members is appointed by the governor, and employees of such 31 authorities, corporations and commissions who receive annual compen- 32 sation in excess of the filing rate established by paragraph (l) of this 33 subdivision or who hold policy-making positions, as determined annually 34 by the appointing authority and set forth in a written instrument which 35 shall be filed with the joint commission on public ethics established by 36 section ninety-four of the executive law during the month of February, 37 provided, however, that the appointing authority shall amend such writ- 38 ten instrument after such date within thirty days after the undertaking 39 of policy-making responsibilities by a new employee or any other employ- 40 ee whose name did not appear on the most recent written instrument[.]; 41 and 42 (iv) members of regional economic development councils. 43 § 3. Section 74 of the public officers law, as amended by chapter 1012 44 of the laws of 1965, the opening paragraph of subdivision 1 and subdivi- 45 sion 4 as amended by chapter 14 of the laws of 2007 and paragraph (d) of 46 subdivision 3 as amended by chapter 1 of the laws of 2010, is amended to 47 read as follows: 48 § 74. Code of ethics. 1. Definition. As used in this section: The term 49 "state agency" shall mean any state department, or division, board, 50 commission, or bureau of any state department or any public benefit 51 corporation or public authority at least one of whose members is 52 appointed by the governor or corporations closely affiliated with 53 specific state agencies as defined by paragraph (d) of subdivision five 54 of section fifty-three-a of the state finance law or their successors. 55 The term "legislative employee" shall mean any officer or employee of 56 the legislature but it shall not include members of the legislature.S. 7356 3 1 2. Rule with respect to conflicts of interest. No officer or employee 2 of a state agency, member of the legislature or legislative employee or 3 member of a regional economic development council should have any inter- 4 est, financial or otherwise, direct or indirect, or engage in any busi- 5 ness or transaction or professional activity or incur any obligation of 6 any nature, which is in substantial conflict with the proper discharge 7 of his duties in the public interest. 8 3. Standards. 9 a. No officer or employee of a state agency, member of the legislature 10 or legislative employee or member of a regional economic development 11 council should accept other employment which will impair his independ- 12 ence of judgment in the exercise of his official duties. 13 b. No officer or employee of a state agency, member of the legislature 14 or legislative employee or member of a regional economic development 15 council should accept employment or engage in any business or profes- 16 sional activity which will require him to disclose confidential informa- 17 tion which he has gained by reason of his official position or authori- 18 ty. 19 c. No officer or employee of a state agency, member of the legislature 20 or legislative employee or member of a regional economic development 21 council should disclose confidential information acquired by him in the 22 course of his official duties nor use such information to further his 23 personal interests. 24 d. No officer or employee of a state agency, member of the legislature 25 or legislative employee or member of a regional economic development 26 council should use or attempt to use his or her official position to 27 secure unwarranted privileges or exemptions for himself or herself or 28 others, including but not limited to, the misappropriation to himself, 29 herself or to others of the property, services or other resources of the 30 state for private business or other compensated non-governmental 31 purposes. 32 e. No officer or employee of a state agency, member of the legislature 33 or legislative employee or member of a regional economic development 34 council should engage in any transaction as representative or agent of 35 the state with any business entity in which he has a direct or indirect 36 financial interest that might reasonably tend to conflict with the prop- 37 er discharge of his official duties. 38 f. An officer or employee of a state agency, member of the legislature 39 or legislative employee or member of a regional economic development 40 council should not by his conduct give reasonable basis for the 41 impression that any person can improperly influence him or unduly enjoy 42 his favor in the performance of his official duties, or that he is 43 affected by the kinship, rank, position or influence of any party or 44 person. 45 g. An officer or employee of a state agency or member of a regional 46 economic development council should abstain from making personnel 47 investments in enterprises which he has reason to believe may be direct- 48 ly involved in decisions to be made by him or which will otherwise 49 create substantial conflict between his duty in the public interest and 50 his private interest. 51 h. An officer or employee of a state agency, member of the legislature 52 or legislative employee or member of a regional economic development 53 council should endeavor to pursue a course of conduct which will not 54 raise suspicion among the public that he is likely to be engaged in acts 55 that are in violation of his trust.S. 7356 4 1 i. No officer or employee of a state agency employed on a full-time 2 basis nor any firm or association of which such an officer or employee 3 is a member nor corporation a substantial portion of the stock of which 4 is owned or controlled directly or indirectly by such officer or employ- 5 ee or member of a regional economic development council, should sell 6 goods or services to any person, firm, corporation or association which 7 is licensed or whose rates are fixed by the state agency in which such 8 officer or employee serves or is employed. 9 4. Violations. In addition to any penalty contained in any other 10 provision of law any such officer, member or employee or member of a 11 regional economic development council who shall knowingly and inten- 12 tionally violate any of the provisions of this section may be fined, 13 suspended or removed from office or employment in the manner provided by 14 law. Any such individual who knowingly and intentionally violates the 15 provisions of paragraph b, c, d or i of subdivision three of this 16 section shall be subject to a civil penalty in an amount not to exceed 17 ten thousand dollars and the value of any gift, compensation or benefit 18 received as a result of such violation. Any such individual who knowing- 19 ly and intentionally violates the provisions of paragraph a, e or g of 20 subdivision three of this section shall be subject to a civil penalty in 21 an amount not to exceed the value of any gift, compensation or benefit 22 received as a result of such violation. 23 § 4. This act shall take effect immediately and shall expire and be 24 deemed repealed two years after such date.
