S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1681
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee 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 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:
 
   Section  1.  The  economic  development law is amended by adding a new
 section 11 to read as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05095-01-9
              

 A. 1681                             2
 
   (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.
   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.
   § 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.
   § 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, subdivisions 2 and
 3 as amended by section 7 of part K of chapter 286 of the laws of  2016,
 is amended to read as follows:
   § 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.

 A. 1681                             3
 
   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
 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 or her 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 or her
 independence of judgment in the exercise of his or her 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 or her to  disclose  confidential
 information  which he or she has gained by reason of his or her official
 position or authority.
   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 or her
 in the course of his or her official duties nor use such information  to
 further his or her 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 or she has  a  direct  or
 indirect  financial interest that might reasonably tend to conflict with
 the proper discharge of his or her 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 or her conduct give reasonable basis for the
 impression that any person can improperly influence him or her or unduly
 enjoy his or her favor in the performance of his or her official duties,
 or that he or she is affected by the kinship, rank, position  or  influ-
 ence 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 or she has reason to believe may be
 directly involved in decisions to be made by him or her  or  which  will
 otherwise  create  substantial  conflict  between his or her duty in the
 public interest and his or her 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

 A. 1681                             4
 
 raise suspicion among the public that he or she is likely to be  engaged
 in acts that are in violation of his or her 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
 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.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed two years after such date.