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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5405A
SPONSOR: Abinanti 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 OR GENERAL IDEA OF BILL:
This bill places the already existing regional economic development
councils in statute and requires that the members of the council comply
with the financial disclosure requirements of section 73-a of the public
officers law.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill 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 public officers law section 73-a(1)(c)(ii) and (iii)
and adds a new subparagraph (iv), to make corresponding changes, requir-
ing that members of the regional economic development council file
financial disclosure forms.
Section three amends public officers law section 74 to provide that the
members of the regional economic development council shall be subject to
the code of ethics, in the same manner as public officers, legislative
employees and members of the legislature.
Section four is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
To revised the expiration date.
JUSTIFICATION:
The Regional Economic Development Councils (REDC) were established by
Governor Cuomo in 2011 as part of his initiative to promote State
investment and economic development. The Councils are public-private
partnerships, made up of local experts and stakeholders with diverse
backgrounds. Since their inception, the REDC have redefined the way that
New York invests in jobs and economic growth. From 2011-2015, the Gover-
nor appropriated nearly $3 billion dollars for 3,100 projects, through
the REDC.
Due to the fact that the REDC 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 REDC to the code of ethics, we can better 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:
Similar to A.4545/S.922
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately and shall be expire and be deemed
repealed December 31, 2019.
STATE OF NEW YORK
________________________________________________________________________
5405--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 8, 2017
___________
Introduced by M. of A. ABINANTI, SCHIMMINGER, HYNDMAN, GOTTFRIED,
THIELE, MOSLEY, D'URSO, RA, STECK, SEPULVEDA, BENEDETTO, BRAUNSTEIN,
SKOUFIS, BARRON, SKARTADOS, WALKER, KIM, JAFFEE, HARRIS, BLAKE,
CROUCH, JENNE, LAWRENCE -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT,
NOLAN, SIMON, WALLACE, WALSH -- read once and referred to the Commit-
tee on Economic Development -- reported and referred to the Committee
on Codes -- recommitted to the Committee on Codes in accordance with
Assembly Rule 3, sec. 2 -- 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:
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 Kings, 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);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09205-10-8
A. 5405--A 2
1 (g) the North country (which consists of Clinton, Franklin, St.
2 Lawrence, Jefferson, Lewis, Hamilton, and Essex counties);
3 (h) the Central region (which consists of Oswego, Cayuga, Onondaga,
4 Madison, and Cortland counties);
5 (i) the Finger Lakes region (which consists of Orleans, Monroe, Wayne,
6 Genesee, Wyoming, Livingston, Ontario, Seneca, and Yates counties); and
7 (j) the Western region (which consists of Niagara, Erie, Chautauqua,
8 Cattaraugus, and Allegany counties).
9 2. Each regional economic development council shall develop long-term
10 strategic plans for economic growth within its region of the state.
11 3. The members of each regional economic development council shall be
12 local experts and stakeholders from businesses, academia, municipalities
13 and non-governmental organizations within the region. All such members
14 shall be appointed by the governor and shall serve at the pleasure of
15 the governor.
16 4. All members of regional economic development councils shall be
17 subject to the provisions of section seventy-three-a of the public offi-
18 cers law.
19 § 2. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
20 section 73-a of the public officers law, as amended by section 5 of part
21 A of chapter 399 of the laws of 2011, are amended and a new subparagraph
22 (iv) is added to read as follows:
23 (ii) officers and employees of statewide elected officials, officers
24 and employees of state departments, boards, bureaus, divisions, commis-
25 sions, councils or other state agencies, who receive annual compensation
26 in excess of the filing rate established by paragraph (l) of this subdi-
27 vision or who hold policy-making positions, as annually determined by
28 the appointing authority and set forth in a written instrument which
29 shall be filed with the joint commission on public ethics established by
30 section ninety-four of the executive law during the month of February,
31 provided, however, that the appointing authority shall amend such writ-
32 ten instrument after such date within thirty days after the undertaking
33 of policy-making responsibilities by a new employee or any other employ-
34 ee whose name did not appear on the most recent written instrument;
35 [and]
36 (iii) members or directors of public authorities, other than multi-
37 state authorities, public benefit corporations and commissions at least
38 one of whose members is appointed by the governor, and employees of such
39 authorities, corporations and commissions who receive annual compen-
40 sation in excess of the filing rate established by paragraph (l) of this
41 subdivision or who hold policy-making positions, as determined annually
42 by the appointing authority and set forth in a written instrument which
43 shall be filed with the joint commission on public ethics established by
44 section ninety-four of the executive law during the month of February,
45 provided, however, that the appointing authority shall amend such writ-
46 ten instrument after such date within thirty days after the undertaking
47 of policy-making responsibilities by a new employee or any other employ-
48 ee whose name did not appear on the most recent written instrument[.];
49 and
50 (iv) members of regional economic development councils.
51 § 3. Subdivision 1 of section 74 of the public officers law, as
52 amended by chapter 1012 of the laws of 1965, the opening paragraph as
53 amended by chapter 14 of the laws of 2007, is amended to read as
54 follows:
55 1. Definition. As used in this section: The term "state agency" shall
56 mean any state department, or division, board, commission, or bureau of
A. 5405--A 3
1 any state department or any public benefit corporation or public author-
2 ity at least one of whose members is appointed by the governor or corpo-
3 rations closely affiliated with specific state agencies as defined by
4 paragraph (d) of subdivision five of section fifty-three-a of the state
5 finance law or their successors or any regional economic development
6 council as established pursuant to section eleven of the economic devel-
7 opment law.
8 The term "legislative employee" shall mean any officer or employee of
9 the legislature but it shall not include members of the legislature.
10 § 4. This act shall take effect immediately and shall expire and be
11 deemed repealed December 31, 2019.
