S T A T E   O F   N E W   Y O R K
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                                  10531

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by  M. of A. OAKS, WALTER, KOLB -- read once and referred to
  the Committee on Ways and Means

AN ACT to amend the state finance law, in relation to  establishing  the
  lump  sum  allocation  advisory committee (Part A); to amend the state
  finance law, in relation to requiring transparency, identification and
  disclosure of certain appropriations (Part B); to amend the  executive
  law,  in  relation to withholding the salaries of the governor, agency
  commissioners and deputy commissioners for  failing  to  meet  certain
  reporting  deadlines  (Part  C);  to amend the tax law, in relation to
  creating a tax rate reduction board to look at personal income tax and
  corporate franchise tax rates (Part D); to amend the economic develop-
  ment law, in relation to conducting an audit  of  all  state  economic
  development  programs  (Part  E); and to amend the public officers law
  and the election law, in relation  to  prohibiting  certain  political
  contributions  by  individuals appointed to entities that oversee lump
  sum appropriations (Part F)

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

  Section  1.  Legislative  findings  and  intent. It is the duty of the
state government to be responsible, open and transparent  about  how  it
spends  the  taxpayer's  hard  earned money. With billions of dollars of
lump sum appropriations included in the state  budget  that  include  no
details  on  who  receives the money, or even which elected official has
control over the appropriation, and with continued delays  in  releasing
reports  by state agencies on the effectiveness of related programs, the
government has failed to live up to  its  responsibility.  Often  times,
this  failure  goes  even  deeper,  as  individuals  and  entities  have
personally benefited from the lack of accountability  and  transparency.
Therefore, the legislature finds it necessary to create a lump sum allo-
cation  advisory committee, require greater transparency related to lump
sum appropriations, implement penalties for certain state  agencies  and
entities that fail to release timely reports, prohibit certain political
contributions  by  appointees and conduct studies on how to simplify the
current tax system and economic development environment  to  ensure  the

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

                                                           LBD15700-01-6

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current system that creates winners and losers is changed. By implement-
ing  these  policies,  the  state  government  can  begin  to repair the
complete breakdown of trust over how it allocates taxpayer money.
  S  2. This act enacts into law major components of legislation provid-
ing for the creation  of  a  lump  sum  allocation  advisory  committee,
requiring  greater  transparency  related  to  lump  sum appropriations,
implementing penalties for certain state agencies and entities that fail
to release timely reports, prohibiting certain  political  contributions
by  appointees and conducting studies on how to simplify the current tax
system and economic development environment to ensure the current system
that creates winners and losers is changed.  Each  component  is  wholly
contained  within  a Part identified as Parts A through F. The effective
date for each particular provision contained within  such  Part  is  set
forth  in  the  last  section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to  mean  and  refer  to  the
corresponding  section of the Part in which it is found. Section four of
this act sets forth the general effective date of this act.

                                 PART A

  Section 1. The state finance law is amended by adding  a  new  section
49-a to read as follows:
  S  49-A.  LUMP  SUM ALLOCATION ADVISORY COMMITTEE. 1.  DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A) "COMMITTEE" SHALL MEAN THE LUMP SUM ALLOCATION ADVISORY  COMMITTEE
AS ESTABLISHED BY SUBDIVISION TWO OF THIS SECTION;
  (B)  "LUMP  SUM APPROPRIATION" SHALL HAVE THE SAME MEANING AS SUBDIVI-
SION TWENTY-ONE OF SECTION TWO OF THIS CHAPTER; AND
  (C) "GRANTEE" SHALL HAVE THE SAME MEANING AS SUBDIVISION TWENTY-TWO OF
SECTION TWO OF THIS CHAPTER.
  2. ESTABLISHMENT. THERE IS HEREBY ESTABLISHED THE LUMP SUM  ALLOCATION
ADVISORY COMMITTEE CONSISTING OF THE DIRECTOR OF THE DIVISION OF BUDGET,
THE COMPTROLLER AND THE ATTORNEY GENERAL.
  3.  POWERS AND DUTIES. THE COMMITTEE SHALL HAVE THE POWER AND DUTY TO:
(A) REVIEW ALL REQUESTS FOR ALLOCATIONS VALUED AT ONE MILLION DOLLARS OR
MORE FROM A LUMP SUM APPROPRIATION WHERE A GRANTEE IS NOT IDENTIFIED;
  (B) REQUEST AND RECEIVE, AND SHALL UTILIZE AND BE PROVIDED  WITH  SUCH
FACILITIES,  RESOURCES  AND  DATA  OF  ANY  COURT, DEPARTMENT, DIVISION,
BOARD, BUREAU, COMMISSION, AGENCY SUBSIDIARY OR SUBDIVISION OF THE STATE
OR ANY POLITICAL SUBDIVISION THEREOF, OR  OF  ANY  PUBLIC  AUTHORITY  OR
PUBLIC  BENEFIT  CORPORATION,  AS IT MAY REASONABLY REQUEST TO CARRY OUT
ITS POWERS AND DUTIES PURSUANT TO THIS SUBDIVISION;
  (C) REVIEW AND EXAMINE FINANCIAL AND  PERSONAL  RELATIONSHIPS  BETWEEN
ANY POTENTIAL GRANTEE AND THE ENTITY REQUESTING THE ALLOCATION TO DETER-
MINE IF A CONFLICT OF INTEREST EXISTS;
  (D)  EXAMINE  THE TOP QUALIFIED ENTITIES FOR ALLOCATIONS VALUED AT ONE
MILLION DOLLARS OR MORE FROM A LUMP SUM APPROPRIATION THAT ARE ALLOCATED
THROUGH A COMPETITIVE PROCESS TO DETERMINE IF  A  CONFLICT  OF  INTEREST
EXISTS;
  (E)  DENY ANY ALLOCATION FROM A LUMP SUM APPROPRIATION TO A GRANTEE IF
THE COMMITTEE DETERMINES A CONFLICT OF INTEREST EXISTS; AND

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  (F) APPROVE ANY ALLOCATION VALUED AT ONE MILLION DOLLARS OR MORE  FROM
A  LUMP SUM APPROPRIATION AFTER COMPLETING A FULL AND THOROUGH REVIEW OF
SUCH ALLOCATION.
  4.  ALLOCATION.  NO MONIES FROM A LUMP SUM APPROPRIATION VALUED AT ONE
MILLION DOLLARS OR MORE SHALL BE ALLOCATED UNLESS  UNANIMOUSLY  APPROVED
BY THE COMMITTEE.
  S 2. This act shall take effect immediately.

                                 PART B

  Section  1.  Subdivisions  4  and 5 of section 24 of the state finance
law, as added by chapter 1 of the laws of 2007, are amended  and  a  new
subdivision 5-a is added to read as follows:
  4.  Any  appropriation SUBMITTED BY THE GOVERNOR, WHEN PRACTICABLE, OR
added to such budget bills, pursuant to section four of article seven of
the constitution, shall only contain itemized appropriations which shall
not be in the form of lump sum appropriations, and provided further that
for all non-federal state operations appropriations, such bill or  bills
shall  only  contain  itemized  appropriations  and shall be made, where
practicable, by agency, and within each agency  by  program  and  within
each  program  at  the  following  level  of detail and in the following
order:
  (a) by fund type, which at  a  minimum  shall  include  general  fund,
special  revenue-other  funds,  capital  projects funds and debt service
funds;
  (b) for personal service appropriations, separate appropriations shall
be made for regular personal service, temporary  personal  service,  and
holiday and overtime pay;
  (c)  for  nonpersonal  service appropriations, separate appropriations
shall be made for supplies and materials, travel, contractual  services,
equipment and fringe benefits, as appropriate; AND
  (D)  AT  THE  REQUEST OR DISCRETION OF THE GOVERNOR OR A MEMBER OF THE
LEGISLATURE, SUCH APPROPRIATION SHALL INCLUDE THE NAME OF  THE  GOVERNOR
OR MEMBER OF THE LEGISLATURE THAT REQUESTED SUCH APPROPRIATION.
  5.  Any  appropriation SUBMITTED BY THE GOVERNOR, OR added pursuant to
section four of article seven of the constitution without designating  a
grantee  shall  be  allocated  only  pursuant to a plan setting forth an
itemized list of grantees with the amount to be received by each, or the
methodology for  allocating  such  appropriation.  Such  plan  shall  be
subject  to  the  approval of the chair of the senate finance committee,
the chair of the assembly ways and means committee, and the director  of
the  budget, and thereafter shall be included in a concurrent resolution
calling for the expenditure of such monies,  which  resolution  must  be
approved  by a majority vote of all members elected to each house upon a
roll call vote.
  5-A. ANY APPROPRIATION SUBMITTED BY THE  GOVERNOR  OR  ADDED  TO  SUCH
BUDGET BILLS, PURSUANT TO SECTION FOUR OF ARTICLE SEVEN OF THE CONSTITU-
TION,  OR  ALLOCATION  FROM A LUMP SUM APPROPRIATION SHALL BE SUBJECT TO
THE FOLLOWING:
  (A) THE GOVERNOR OR MEMBER OF THE LEGISLATURE REQUESTING  SUCH  APPRO-
PRIATION  OR  ALLOCATION FROM A LUMP SUM APPROPRIATION SHALL BE REQUIRED
TO SUBMIT A SIGNED CONFLICT OF INTEREST FORM AND SUBMIT SUCH FORM TO THE
LUMP SUM  ALLOCATION  ADVISORY  COMMITTEE  AS  ESTABLISHED  PURSUANT  TO
SECTION  FORTY-NINE-A  OF  THIS  CHAPTER  TO  ENSURE THAT NO CONFLICT OF
INTEREST EXISTS; THE LUMP SUM ALLOCATION ADVISORY COMMITTEE SHALL DESIG-
NATE THE FORM AND CONTENT OF THE CONFLICT OF INTEREST FORM. THE GOVERNOR

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OR MEMBER OF THE LEGISLATURE SHALL DISCLOSE ON THE CONFLICT OF  INTEREST
FORM  ALL  POLITICAL DONATIONS HE OR SHE IS RECEIVING OR HAS RECEIVED IN
THE PAST FROM THE INTENDED RECIPIENT OF  THE  APPROPRIATION  FUNDING  OR
ALLOCATION  FROM  A  LUMP SUM APPROPRIATION. SUCH A CONFLICT OF INTEREST
FORM SHALL BE SIGNED BY THE GOVERNOR OR MEMBER OF THE LEGISLATURE  UNDER
PENALTY OF PERJURY;
  (B)  AN  APPROPRIATION  PROVIDED  AT THE DISCRETION OF THE GOVERNOR OR
MEMBER OF THE LEGISLATURE OR AN ALLOCATION FROM A LUMP SUM APPROPRIATION
SHALL NOT BE PROVIDED IF THE  LUMP  SUM  ALLOCATION  ADVISORY  COMMITTEE
DECLARES  A CONFLICT OF INTEREST EXISTS BETWEEN THE GOVERNOR OR A MEMBER
OF THE LEGISLATURE DESIGNATING THE APPROPRIATION OR  ALLOCATION  FROM  A
LUMP  SUM  APPROPRIATION  AND THE POTENTIAL RECIPIENT.   THESE APPROPRI-
ATIONS AND ALLOCATIONS FROM LUMP SUM APPROPRIATIONS CANNOT FUND AN INDI-
VIDUAL OR ENTITY THAT EMPLOYS OR OTHERWISE COMPENSATES THE  GOVERNOR  OR
MEMBER  OF  THE LEGISLATURE, GOVERNOR'S FAMILY OR MEMBER OF THE LEGISLA-
TOR'S FAMILY, ANY PERSON SHARING THE HOME OF THE GOVERNOR OR  MEMBER  OF
THE  LEGISLATURE OR THE GOVERNOR'S OR A MEMBER OF THE LEGISLATOR'S STAFF
FOR SERVICES OR LABOR RENDERED.  FURTHERMORE, THE GOVERNOR OR MEMBERS OF
THE LEGISLATURE SHALL NOT  DESIGNATE  APPROPRIATIONS  OR  REQUEST  ALLO-
CATIONS  FROM  A LUMP SUM APPROPRIATION IF THE GOVERNOR OR MEMBER OF THE
LEGISLATURE, A MEMBER OF THE GOVERNOR'S OR MEMBER  OF  THE  LEGISLATOR'S
FAMILY,  ANY  PERSON  SHARING  THE HOME OF THE GOVERNOR OR MEMBER OF THE
LEGISLATURE OR A MEMBER OF THE GOVERNOR'S OR MEMBER OF THE  LEGISLATOR'S
STAFF  IS  INVOLVED  WITH  THE OPERATIONS OF THE ORGANIZATION IN A DECI-
SION-MAKING CAPACITY INCLUDING BUT NOT LIMITED TO WORKING ON AN  UNPAID,
VOLUNTEER  BASIS  OR  AS A MEMBER OF THE DIRECTING BOARD OF AN ORGANIZA-
TION; AND
  (C) AN APPROPRIATION PROVIDED AT THE DISCRETION  OF  THE  GOVERNOR  OR
MEMBER OF THE LEGISLATURE OR AN ALLOCATION FROM A LUMP SUM APPROPRIATION
SHALL  NOT  BE PROVIDED TO ANY INDIVIDUAL OR ENTITY WHO MADE A POLITICAL
DONATION WITHIN THE PAST YEAR TO THE GOVERNOR OR MEMBER OF THE  LEGISLA-
TURE  REQUESTING  THE APPROPRIATION OR ALLOCATION FROM A LUMP SUM APPRO-
PRIATION UNTIL THE POLITICAL DONATION IS REFUNDED TO THE  INDIVIDUAL  OR
ENTITY.
  S 2. This act shall take effect immediately.

                                 PART C

  Section  1. The executive law is amended by adding a new section 33 to
read as follows:
  S 33. LUMP SUM APPROPRIATION REPORTING; ENFORCEMENT. 1.  NOTWITHSTAND-
ING ANY LAW TO THE CONTRARY, THE COMPTROLLER IS DIRECTED TO WITHHOLD THE
SALARIES OF THE GOVERNOR, AGENCY COMMISSIONERS AND DEPUTY  COMMISSIONERS
WHEN  ECONOMIC DEVELOPMENT STATE AGENCIES, SUBSIDIARIES AND AUTHORITIES,
AND/OR ANY STATE ENTITY REQUIRED TO ISSUE A REPORT RELATED TO A LUMP SUM
APPROPRIATION FAILS TO MEET STATUTORILY REQUIRED REPORTING DEADLINES.
  2. FOR PURPOSES OF THIS SECTION "ECONOMIC DEVELOPMENT STATE  AGENCIES,
SUBSIDIARIES  AND AUTHORITIES" SHALL INCLUDE, BUT ARE NOT LIMITED TO THE
DEPARTMENT OF ECONOMIC DEVELOPMENT, EMPIRE STATE DEVELOPMENT CORPORATION
AND ALL OF ITS SUBSIDIARIES, THE DEPARTMENT OF TAXATION AND FINANCE, AND
THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND ITS SUBSIDIARIES.
  3. THE COMPTROLLER SHALL WITHHOLD THE SALARIES  OF  THE  GOVERNOR  AND
OFFENDING  AGENCY  COMMISSIONERS  AND  DEPUTY  COMMISSIONERS  UNTIL SUCH
REQUIRED REPORTS, AS DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION,  ARE
ISSUED.

A. 10531                            5

  4.  AGENCIES  MAY RECEIVE AN EXTENSION TO SUBMIT A REQUIRED REPORT, AS
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, IF REQUESTED AND  APPROVED
BY ALL LEGISLATIVE CONFERENCE LEADERS.
  S 2. This act shall take effect immediately.

                                 PART D

  Section  1.  The  tax  law is amended by adding a new section 171-q to
read as follows:
  S 171-Q. TAX RATE REDUCTION BOARD; PERSONAL AND CORPORATE  TAX  STUDY.
(1)  (A)  THE  COMMISSIONER  SHALL CONTRACT WITH A NATIONALLY RECOGNIZED
ENTITY TO CONDUCT A STUDY TO EXAMINE THE CORRESPONDING  PERSONAL  INCOME
TAX BRACKETS AND DOLLAR AMOUNTS THAT COULD BE ENACTED IF A PROPORTIONATE
REDUCTION  IN  THE  PERSONAL  INCOME  TAX  BRACKET AND DOLLAR AMOUNTS AS
PROVIDED IN SECTION SIX HUNDRED ONE OF THIS CHAPTER  FOR  TAXABLE  YEARS
BEGINNING AFTER TWO THOUSAND ELEVEN AND BEFORE TWO THOUSAND EIGHTEEN AND
FOR  TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN, IF ALL OF THE
PERSONAL INCOME TAX CREDITS PROVIDED IN SECTION SIX HUNDRED SIX OF  THIS
CHAPTER WERE ELIMINATED AND PERSONAL INCOME TAX RECEIPTS WERE FORECASTED
TO BE REVENUE NEUTRAL BASED ON CURRENT LAW.
  (B) THE COMMISSIONER SHALL CONTRACT WITH A NATIONALLY RECOGNIZED ENTI-
TY  TO  CONDUCT  A  STUDY  TO EXAMINE THE CORRESPONDING REDUCTION IN THE
IMPOSITION OF THE CORPORATE FRANCHISE TAX THAT COULD  BE  ENACTED  IF  A
PROPORTIONATE REDUCTION IN THE IMPOSITION OF THE CORPORATE FRANCHISE TAX
AS  PROVIDED  BY  SECTIONS  TWO HUNDRED NINE AND TWO HUNDRED TEN OF THIS
CHAPTER, IF ALL THE CREDITS PROVIDED IN SECTION  TWO  HUNDRED  TEN-B  OF
THIS  CHAPTER  WERE  ELIMINATED AND THE CORPORATE FRANCHISE TAX RECEIPTS
WERE FORECASTED TO BE REVENUE NEUTRAL BASED ON CURRENT LAW.
  (2) THERE IS HEREBY ESTABLISHED A TAX RATE REDUCTION BOARD  CONSISTING
OF  FOUR MEMBERS. ONE REPRESENTATIVE SHALL BE APPOINTED FROM EACH OF THE
FOLLOWING:
  (A) THE SPEAKER OF THE ASSEMBLY;
  (B) THE MINORITY LEADER OF THE ASSEMBLY;
  (C) THE TEMPORARY PRESIDENT OF THE SENATE; AND
  (D) THE MINORITY LEADER OF THE SENATE.
  (3) THE TAX RATE REDUCTION BOARD SHALL:
  (A)  APPROVE  THE  SELECTION  OF  THE  NATIONALLY  RECOGNIZED   ENTITY
DESCRIBED  IN  SUBDIVISION ONE OF THIS SECTION, PRIORITY FOR SUCH ENTITY
SHALL BE GIVEN TO FIRMS THAT ARE NOT CURRENT VENDORS DOING BUSINESS WITH
THE STATE;
  (B) OVERSEE THE REQUIRED REPORTS DESCRIBED IN PARAGRAPHS (A)  AND  (B)
OF SUBDIVISION ONE OF THIS SECTION; AND
  (C)  ASSIST  IN  THE DETERMINATION OF AREAS OF INQUIRY FOR, REVIEW THE
PROGRESS OF, AND EVALUATE THE RESULTS OF SUCH REQUIRED REPORTS.
  (4) SUCH BOARD, IN CONSULTATION WITH THE  COMMISSIONER  SHALL  OVERSEE
THE  ANALYSIS OF THE CONTRACTING ENTITY AND ISSUE A REPORT TO THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  ASSEMBLY,
THE  TEMPORARY  PRESIDENT  OF  THE SENATE AND THE MINORITY LEADER OF THE
SENATE DETAILING THE RESULTS OF SUCH STUDIES DESCRIBED IN PARAGRAPHS (A)
AND (B) OF SUBDIVISION ONE OF THIS SECTION WITHIN  ONE  YEAR  AFTER  THE
CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND SIXTEEN THAT ADDED THIS SECTION
TAKES EFFECT.
  S 2. This act shall take effect immediately.

                                 PART E

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  Section 1. The economic development law is amended  by  adding  a  new
section 107 to read as follows:
  S 107. ECONOMIC DEVELOPMENT AUDIT BOARD. 1. THE COMPTROLLER IN COORDI-
NATION  WITH  THE  COMMISSIONER  AND  THE  COMMISSIONER  OF TAXATION AND
FINANCE SHALL CONTRACT WITH A NATIONALLY RECOGNIZED ENTITY TO CONDUCT AN
AUDIT OF ALL STATE ECONOMIC DEVELOPMENT  PROGRAMS.    SUCH  AUDIT  SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (A) IDENTIFYING ALL PROGRAMS BY TYPE AND FUNDING SOURCE;
  (B)  IDENTIFYING  THE TYPES OF BUSINESSES THAT HAVE RECEIVED FINANCIAL
ASSISTANCE;
  (C) REVIEWING INFORMATION AVAILABLE ON JOB CREATION OR OTHER  DATA  ON
ECONOMIC EXPANSION;
  (D)  ANALYZING  THE  GEOGRAPHIC  DISTRIBUTION  OF FINANCIAL ASSISTANCE
THROUGHOUT THE STATE;
  (E) REVIEWING A SAMPLE OF LOANS AND GRANTS TO DETERMINE  IF  STATUTORY
REQUIREMENTS FOR THE PROGRAMS WERE FOLLOWED;
  (F)  REVIEWING  INFORMATION AVAILABLE ON ECONOMIC DEVELOPMENT PROGRAMS
IN OTHER STATES; AND
  (G) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMPTROLLER IN COOR-
DINATION WITH THE COMMISSIONER AND  THE  COMMISSIONER  OF  TAXATION  AND
FINANCE.
  2.  THERE  IS  HEREBY  ESTABLISHED AN ECONOMIC DEVELOPMENT AUDIT BOARD
CONSISTING OF FOUR MEMBERS. ONE REPRESENTATIVE SHALL BE  APPOINTED  FROM
EACH OF THE FOLLOWING:
  (A) THE SPEAKER OF THE ASSEMBLY;
  (B) THE MINORITY LEADER OF THE ASSEMBLY;
  (C) THE TEMPORARY PRESIDENT OF THE SENATE; AND
  (D) THE MINORITY LEADER OF THE SENATE.
  3. THE ECONOMIC DEVELOPMENT BOARD SHALL:
  (A)   APPROVE  THE  SELECTION  OF  THE  NATIONALLY  RECOGNIZED  ENTITY
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, PRIORITY FOR  SUCH  ENTITY
SHALL BE GIVEN TO FIRMS THAT ARE NOT CURRENT VENDORS DOING BUSINESS WITH
THE STATE;
  (B) OVERSEE THE REQUIRED REPORTS DESCRIBED IN SUBDIVISION FIVE OF THIS
SECTION; AND
  (C)  ASSIST  IN  THE DETERMINATION OF AREAS OF INQUIRY FOR, REVIEW THE
PROGRESS OF, AND EVALUATE THE RESULTS OF SUCH REQUIRED REPORTS.
  4. THE ECONOMIC DEVELOPMENT AUDIT BOARD IN CONSULTATION WITH THE COMP-
TROLLER, THE COMMISSIONER, AND THE COMMISSIONER OF TAXATION AND  FINANCE
SHALL DEVELOP ALL NECESSARY RULES AND REGULATIONS TO CONDUCT AN AUDIT OF
ECONOMIC  DEVELOPMENT  PROGRAMS  PURSUANT TO THIS SECTION. FOLLOWING THE
REVIEW AND AUDIT OF SUCH ECONOMIC DEVELOPMENT PROGRAMS, THE BOARD  SHALL
RECOMMEND  ALL  NECESSARY  CHANGES  TO  MAKE  SUCH  ECONOMIC DEVELOPMENT
PROGRAMS MORE TRANSPARENT, STREAMLINED, AND TO ENSURE THAT SUCH PROGRAMS
ARE MEETING THE GOALS OF THE LAWS THAT ESTABLISHED  THEM  AND  PROVIDING
FOR A RETURN ON INVESTMENT TO THE STATE. THE RESULTS OF THIS AUDIT SHALL
BE  FILED  WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
MINORITY LEADER OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY  AND  THE
MINORITY  LEADER  OF  THE  ASSEMBLY AND MADE AVAILABLE FOR PUBLIC REVIEW
ONLINE.
  5. AFTER THE CONCLUSION OF THE AUDIT, THE BOARD IN  CONSULTATION  WITH
THE  COMPTROLLER,  THE COMMISSIONER AND THE COMMISSIONER OF TAXATION AND
FINANCE SHALL STUDY THE FEASIBILITY OF REDUCING THE NUMBER  OF  ECONOMIC
DEVELOPMENT PROGRAMS CURRENTLY OFFERED BY THE STATE AND ITS SUBSIDIARIES
AND REPLACING THESE PROGRAMS WITH ONE CENTRALIZED COMPETITIVE PROGRAM. A
REPORT  OF  THE  STUDY,  OUTLINING  THE  IMPACT OF SUCH CONSOLIDATION OF

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PROGRAMS SHALL BE POSTED ONLINE FOR PUBLIC REVIEW  AND  FILED  WITH  THE
GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER  OF  THE
ASSEMBLY  WITHIN  ONE YEAR AFTER THE CHAPTER OF THE LAWS OF TWO THOUSAND
SIXTEEN THAT ADDED THIS SECTION TAKES EFFECT.
  S 2. This act shall take effect immediately.

                                 PART F

  Section 1. Paragraph (c) of subdivision 17 of section 73 of the public
officers law, as added by chapter 14 of the laws of 2007, is amended  to
read as follows:
  (c)  (I)  No  state officer or employee shall, directly or indirectly,
use his or her official authority to compel or induce  any  other  state
officer  or  employee  to make or promise to make any political contrib-
ution, whether by gift of money, service or other thing of value.
  (II) NO OFFICER, APPOINTED BY ONE OR MORE STATE OFFICERS,  OR  BY  THE
LEGISLATURE,  INCLUDING  BUT  NOT LIMITED TO APPOINTEES TO A COMMISSION,
BOARD, COUNCIL OR PANEL, CHARGED WITH THE DISTRIBUTION OF STATE LUMP SUM
APPROPRIATIONS, AS DEFINED BY SUBDIVISION TWENTY-ONE OF SECTION  TWO  OF
THE  STATE  FINANCE  LAW,  SHALL NOT MAKE ANY POLITICAL CONTRIBUTIONS TO
SUCH APPOINTING AUTHORITY.  THIS  CONTRIBUTION  PROHIBITION  SHALL  ALSO
APPLY TO ANYONE RESIDING IN THE APPOINTEE'S HOUSEHOLD INCLUDING, BUT NOT
LIMITED  TO,  A SPOUSE, DOMESTIC PARTNER AND/OR CHILD. SUCH CONTRIBUTION
PROHIBITION SHALL BE FOR THE TERM OF ONE YEAR PRIOR TO, ONE YEAR FOLLOW-
ING, AND DURING THE TERM OF HIS OR HER APPOINTMENT. WHEN  AN  INDIVIDUAL
IS  APPOINTED  TO  SUCH  A  POSITION,  THE  APPOINTEE  MUST IDENTIFY ANY
CONTRIBUTIONS MADE TO  THE  APPOINTING  AUTHORITY,  AND  THE  APPOINTING
AUTHORITY  MUST  REFUND THE ENTIRE CONTRIBUTION MADE WITHIN THE PREVIOUS
TWELVE MONTH PERIOD.
  S 2. The election law is amended by adding a  new  section  14-132  to
read as follows:
  S  14-132.  CONTRIBUTIONS  BY  APPOINTED PARTY OFFICERS. ANY APPOINTED
PARTY OFFICER, INCLUDING BUT NOT LIMITED TO APPOINTEES TO A  COMMISSION,
BOARD,  COUNCIL OR PANEL CHARGED WITH THE DISTRIBUTION OF STATE LUMP SUM
APPROPRIATIONS, AS DEFINED BY SUBDIVISION TWENTY-ONE OF SECTION  TWO  OF
THE  STATE  FINANCE  LAW,  SHALL NOT MAKE ANY POLITICAL CONTRIBUTIONS TO
SUCH APPOINTING AUTHORITY.  THIS  CONTRIBUTION  PROHIBITION  SHALL  ALSO
APPLY TO ANYONE RESIDING IN THE APPOINTEE'S HOUSEHOLD INCLUDING, BUT NOT
LIMITED  TO,  A SPOUSE, DOMESTIC PARTNER AND/OR CHILD. SUCH CONTRIBUTION
PROHIBITION SHALL BE FOR THE TERM OF ONE YEAR PRIOR TO, ONE YEAR FOLLOW-
ING, AND DURING THE TERM OF HIS OR HER APPOINTMENT. WHEN  AN  INDIVIDUAL
IS  APPOINTED  TO  SUCH  A  POSITION,  THE  APPOINTEE  MUST IDENTIFY ANY
CONTRIBUTIONS MADE TO  THE  APPOINTING  AUTHORITY,  AND  THE  APPOINTING
AUTHORITY  MUST  REFUND THE ENTIRE CONTRIBUTION MADE WITHIN THE PREVIOUS
TWELVE MONTH PERIOD.
  S 3. This act shall take effect immediately.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.

A. 10531                            8

  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through F of this act shall  be
as specifically set forth in the last section of such Parts.