S T A T E   O F   N E W   Y O R K
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                                  10628

                          I N  A S S E M B L Y

                              June 8, 2016
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
  read once and referred to the Committee on Economic Development

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:

  Section 1. The economic development law is amended  by  adding  a  new
section 11 to read as follows:
  S  11.  REGIONAL  ECONOMIC DEVELOPMENT COUNCILS. 1. THE GOVERNOR SHALL
ESTABLISH TEN REGIONAL ECONOMIC DEVELOPMENT COUNCILS, ONE  FOR  EACH  OF
THE FOLLOWING REGIONS OF THE STATE:
  (A) LONG ISLAND (WHICH CONSISTS OF SUFFOLK AND NASSAU COUNTIES);
  (B)  THE  CITY OF NEW YORK (WHICH CONSISTS OF BRONX, NEW YORK, QUEENS,
BROOKLYN, AND RICHMOND COUNTIES);
  (C) THE MID-HUDSON REGION (WHICH CONSISTS OF SULLIVAN, ULSTER,  DUTCH-
ESS, ORANGE, PUTNAM, WESTCHESTER, AND ROCKLAND COUNTIES);
  (D)  THE SOUTHERN TIER (WHICH CONSISTS OF STEUBEN, SCHUYLER, TOMPKINS,
CHEMUNG, TIOGA, CHENANGO, BROOME, AND DELAWARE COUNTIES);
  (E) THE CAPITAL REGION (WHICH CONSISTS OF WARREN, WASHINGTON,  SARATO-
GA, SCHENECTADY, RENSSELAER, ALBANY, COLUMBIA, AND GREENE COUNTIES);
  (F)  THE  MOHAWK  VALLEY  (WHICH CONSISTS OF ONEIDA, HERKIMER, FULTON,
MONTGOMERY, OTSEGO, AND SCHOHARIE COUNTIES);
  (G) THE NORTH  COUNTRY  (WHICH  CONSISTS  OF  CLINTON,  FRANKLIN,  ST.
LAWRENCE, JEFFERSON, LEWIS, HAMILTON, AND ESSEX COUNTIES);
  (H)  THE  CENTRAL  REGION (WHICH CONSISTS OF OSWEGO, CAYUGA, ONONDAGA,
MADISON, AND CORTLAND COUNTIES);
  (I) THE FINGER LAKES REGION (WHICH CONSISTS OF ORLEANS, MONROE, WAYNE,
GENESEE, WYOMING, LIVINGSTON, ONTARIO, SENECA, AND YATES COUNTIES); AND
  (J) THE WESTERN REGION (WHICH CONSISTS OF NIAGARA,  ERIE,  CHAUTAUQUA,
CATTARAUGUS, AND ALLEGANY COUNTIES).
  2.  EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL DEVELOP LONG-TERM
STRATEGIC PLANS FOR ECONOMIC GROWTH WITHIN ITS REGION OF THE STATE.

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

                                                           LBD13830-07-6

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  3. THE MEMBERS OF EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL  BE
LOCAL EXPERTS AND STAKEHOLDERS FROM BUSINESSES, ACADEMIA, MUNICIPALITIES
AND  NON-GOVERNMENTAL  ORGANIZATIONS WITHIN THE REGION. ALL SUCH MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT  OF  THE
SENATE, AND SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.
  4.  ALL  MEMBERS  OF  REGIONAL  ECONOMIC DEVELOPMENT COUNCILS SHALL BE
SUBJECT TO THE PROVISIONS OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW.
  S 2. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
section 73-a of the public officers law, as amended by section 5 of part
A of chapter 399 of the laws of 2011, are amended and a new subparagraph
(iv) is added to read as follows:
  (ii) officers and employees of statewide elected  officials,  officers
and  employees of state departments, boards, bureaus, divisions, commis-
sions, councils or other state agencies, who receive annual compensation
in excess of the filing rate established by paragraph (l) of this subdi-
vision or who hold policy-making positions, as  annually  determined  by
the  appointing  authority  and  set forth in a written instrument which
shall be filed with the joint commission on public ethics established by
section ninety-four of the executive law during the month  of  February,
provided,  however, that the appointing authority shall amend such writ-
ten instrument after such date within thirty days after the  undertaking
of policy-making responsibilities by a new employee or any other employ-
ee  whose  name  did  not  appear on the most recent written instrument;
[and]
  (iii) members or directors of public authorities,  other  than  multi-
state  authorities, public benefit corporations and commissions at least
one of whose members is appointed by the governor, and employees of such
authorities, corporations and commissions  who  receive  annual  compen-
sation in excess of the filing rate established by paragraph (l) of this
subdivision  or who hold policy-making positions, as determined annually
by the appointing authority and set forth in a written instrument  which
shall be filed with the joint commission on public ethics established by
section  ninety-four  of the executive law during the month of February,
provided, however, that the appointing authority shall amend such  writ-
ten  instrument after such date within thirty days after the undertaking
of policy-making responsibilities by a new employee or any other employ-
ee whose name did not appear on the most recent  written  instrument[.];
AND
  (IV) MEMBERS OF REGIONAL ECONOMIC DEVELOPMENT COUNCILS.
  S 3. Section 74 of the public officers law, as amended by chapter 1012
of the laws of 1965, the opening paragraph of subdivision 1 and subdivi-
sion 4 as amended by chapter 14 of the laws of 2007 and paragraph (d) of
subdivision 3 as amended by chapter 1 of the laws of 2010, is amended to
read as follows:
  S 74. Code of ethics. 1. Definition. As used in this section: The term
"state  agency"  shall  mean  any  state department, or division, board,
commission, or bureau of any state  department  or  any  public  benefit
corporation  or  public  authority  at  least  one  of  whose members is
appointed by  the  governor  or  corporations  closely  affiliated  with
specific  state agencies as defined by paragraph (d) of subdivision five
of section fifty-three-a of the state finance law or their successors.
  The term "legislative employee" shall mean any officer or employee  of
the legislature but it shall not include members of the legislature.
  2.  Rule with respect to conflicts of interest. No officer or employee
of a state agency, member of the legislature or legislative employee  OR

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MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT COUNCIL should have any inter-
est,  financial or otherwise, direct or indirect, or engage in any busi-
ness or transaction or professional activity or incur any obligation  of
any  nature,  which is in substantial conflict with the proper discharge
of his duties in the public interest.
  3. Standards.
  a. No officer or employee of a state agency, member of the legislature
or legislative employee OR MEMBER OF  A  REGIONAL  ECONOMIC  DEVELOPMENT
COUNCIL  should  accept other employment which will impair his independ-
ence of judgment in the exercise of his official duties.
  b. No officer or employee of a state agency, member of the legislature
or legislative employee OR MEMBER OF  A  REGIONAL  ECONOMIC  DEVELOPMENT
COUNCIL  should  accept  employment or engage in any business or profes-
sional activity which will require him to disclose confidential informa-
tion which he has gained by reason of his official position or  authori-
ty.
  c. No officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT
COUNCIL should disclose confidential information acquired by him in  the
course  of  his  official duties nor use such information to further his
personal interests.
  d. No officer or employee of a state agency, member of the legislature
or legislative employee OR MEMBER OF  A  REGIONAL  ECONOMIC  DEVELOPMENT
COUNCIL  should  use  or  attempt to use his or her official position to
secure unwarranted privileges or exemptions for himself  or  herself  or
others,  including  but not limited to, the misappropriation to himself,
herself or to others of the property, services or other resources of the
state  for  private  business  or  other  compensated   non-governmental
purposes.
  e. No officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT
COUNCIL should engage in any transaction as representative or  agent  of
the  state with any business entity in which he has a direct or indirect
financial interest that might reasonably tend to conflict with the prop-
er discharge of his official duties.
  f. An officer or employee of a state agency, member of the legislature
or legislative employee OR MEMBER OF  A  REGIONAL  ECONOMIC  DEVELOPMENT
COUNCIL  should  not  by  his  conduct  give  reasonable  basis  for the
impression that any person can improperly influence him or unduly  enjoy
his  favor  in  the  performance  of  his official duties, or that he is
affected by the kinship, rank, position or influence  of  any  party  or
person.
  g.  An  officer  or employee of a state agency OR MEMBER OF A REGIONAL
ECONOMIC  DEVELOPMENT  COUNCIL  should  abstain  from  making  personnel
investments in enterprises which he has reason to believe may be direct-
ly  involved  in  decisions  to  be  made by him or which will otherwise
create substantial conflict between his duty in the public interest  and
his private interest.
  h. An officer or employee of a state agency, member of the legislature
or  legislative  employee  OR  MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT
COUNCIL should endeavor to pursue a course of  conduct  which  will  not
raise suspicion among the public that he is likely to be engaged in acts
that are in violation of his trust.
  i.  No  officer  or employee of a state agency employed on a full-time
basis nor any firm or association of which such an officer  or  employee
is  a member nor corporation a substantial portion of the stock of which

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is owned or controlled directly or indirectly by such officer or employ-
ee OR MEMBER OF A REGIONAL ECONOMIC  DEVELOPMENT  COUNCIL,  should  sell
goods  or services to any person, firm, corporation or association which
is  licensed  or whose rates are fixed by the state agency in which such
officer or employee serves or is employed.
  4. Violations. In addition to  any  penalty  contained  in  any  other
provision  of  law  any  such officer, member or employee OR MEMBER OF A
REGIONAL ECONOMIC DEVELOPMENT COUNCIL who  shall  knowingly  and  inten-
tionally  violate  any  of  the provisions of this section may be fined,
suspended or removed from office or employment in the manner provided by
law. Any such individual who knowingly and  intentionally  violates  the
provisions  of  paragraph  b,  c,  d  or  i of subdivision three of this
section shall be subject to a civil penalty in an amount not  to  exceed
ten  thousand dollars and the value of any gift, compensation or benefit
received as a result of such violation. Any such individual who knowing-
ly and intentionally violates the provisions of paragraph a, e or  g  of
subdivision three of this section shall be subject to a civil penalty in
an  amount  not to exceed the value of any gift, compensation or benefit
received as a result of such violation.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed two years after such date.