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

                                  7356

                            I N  S E N A T E

                             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:

  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).

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13830-07-6
              

S. 7356                             2

  2. EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL DEVELOP  LONG-TERM
STRATEGIC PLANS FOR ECONOMIC GROWTH WITHIN ITS REGION OF THE STATE.
  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.

S. 7356                             3

  2. Rule with respect to conflicts of interest. No officer or  employee
of  a state agency, member of the legislature or legislative employee OR
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.

S. 7356                             4

  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
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.