S T A T E O F N E W Y O R K
________________________________________________________________________
7598--A
2023-2024 Regular Sessions
I N S E N A T E
July 12, 2023
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Corporations, Authorities and Commissions in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to the board of
directors of the Central New York Regional Market Authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 827 of the public authorities law, as amended by
chapter 55 of the laws of 1992, is amended to read as follows:
§ 827. Board of directors. The board of directors of the authority,
HEREINAFTER IN THIS TITLE REFERRED TO AS "THE BOARD," shall consist of
[thirteen] NINETEEN VOTING members, as follows: The commissioner of
agriculture and markets or the commissioner's representative [shall be a
member ex-officio]. The board of supervisors of each of the counties in
the district shall each name directors as follows: Onondaga, three;
Oswego, two; Cayuga, two; Madison, two; Cortland, one; Oneida, one, and
Wayne, one. ADDITIONALLY, THE FOLLOWING SHALL HAVE APPOINTMENTS TO THE
BOARD: THE MAYOR OF THE CITY OF SYRACUSE, ONE; THE COMMON COUNCIL OF THE
CITY OF SYRACUSE, ONE; THE ASSEMBLY MEMBER FROM THE ASSEMBLY DISTRICT
WHERE THE PRIMARY OFFICES AND FACILITIES OF THE MARKET RESIDE, ONE; THE
STATE SENATOR FROM THE SENATE DISTRICT WHERE THE PRIMARY OFFICES AND
FACILITIES OF THE MARKET RESIDE, ONE; THE CHIEF OF POLICE OF THE CITY OF
SYRACUSE, ONE; AND THE FIRE CHIEF OF THE CITY OF SYRACUSE, ONE. One
member from each of the above-named counties may be either a producer or
non-producer of agricultural products; the other members named by the
board of supervisors of the counties in the district entitled to addi-
tional directors shall be persons engaged in farming and deriving a
greater part of their income therefrom, and all such appointments made
after May first, nineteen hundred forty-four, shall be producers who
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02491-07-4
S. 7598--A 2
actually sell all or part of their produce on the Central New York
Regional Market.
Each member shall continue as a member during the pleasure of the body
appointing [him or her] SUCH MEMBER, and upon a vacancy occurring by the
filing with the secretary of the authority of a duly certified copy of
the resolution signifying that an appointment has been terminated, or
upon resignation of a member, or a vacancy occurring in any other
manner, it shall be filled in a manner corresponding to the original
appointment. Each member shall, before entering upon the duties of
office, take the constitutional oath of office and file the same in the
office of the secretary of state. One more than one half of the duly
qualified members shall constitute a quorum for the transaction of busi-
ness and [the concurrence of one more than one half of the duly quali-
fied members at a meeting] shall be necessary to the validity of any
resolution, order or, determination. Any member may be removed by the
governor for inefficiency, neglect of duty or misconduct in office,
after a hearing upon charges and an opportunity to be heard in person or
by counsel upon not less than ten days' notice. The members shall not
receive a salary or other compensation, but shall be paid actual
expenses incurred in attending meetings of the board and in performing
committee work assigned to them by the board. Expenses for travel shall
not exceed the per mile rate allowed state employees for use of personal
cars. Expenses of a special or extraordinary nature may be allowed by
resolution of the board.
§ 2. Section 826 of the public authorities law, as amended by chapter
420 of the laws of 1951, is amended to read as follows:
§ 826. Central New York Regional Market Authority. 1. There is hereby
created and established a district to be known as the "central New York
regional market district," HEREINAFTER IN THIS TITLE REFERRED TO AS "THE
DISTRICT," which shall embrace all the territory included within the
following named counties: Cayuga, Cortland, Madison, Oneida, Onondaga,
Oswego, that territory in Wayne county lying east of the new pre-emption
line. For the accomplishment of the purposes hereinafter indicated rela-
tive to that district there is hereby created and established a public
benefit corporation, to be known as "Central New York Regional Market
Authority," hereinafter in this title referred to as "the authority."
Such authority shall have perpetual existence and the power to acquire
by the exercise of the right of eminent domain or otherwise such real
estate within the district and other property as may be necessary, to
sue and be sued, to incur debts, liabilities and obligations, to issue
bonds and other evidences of indebtedness, to have a seal, and to exer-
cise all powers authorized by this title and reasonably necessary for
accomplishing its purposes, subject to the provisions herein contained
and the constitution and laws of the United States and of New York
state. Such powers shall be exercised in the name of the "Central New
York Regional Market Authority."
2. IN FULFILLING THE AUTHORITY'S MISSION, THE BOARD SHALL WORK COOPER-
ATIVELY AND IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS TO ENSURE THE PROPER DEVELOPMENT OF AGRICULTURE AND REGIONAL
MARKET FACILITIES, IN THE CENTRAL NEW YORK REGIONAL MARKET DISTRICT. THE
BOARD AND THE DEPARTMENT OF AGRICULTURE AND MARKETS, HEREINAFTER IN THIS
TITLE REFERRED TO AS "THE DEPARTMENT," SHALL JOINTLY DEVELOP A PLAN FOR
THE FUTURE DEVELOPMENT AND VIABILITY OF AGRICULTURE AND REGIONAL MARKET
FACILITIES IN THE DISTRICT. SUCH PLAN SHALL INCLUDE BOTH SHORT-TERM AND
LONG-TERM GOALS AND OBJECTIVES AS WELL AS ACTUAL AND PROJECTED REVENUES
AND EXPENDITURES. SUCH PLAN SHALL ANNUALLY ALLOCATE NO LESS THAN SEVEN-
S. 7598--A 3
TY-FIVE PERCENT OF THE AUTHORITY'S AVAILABLE FUNDS FOR THE CREATION,
DEVELOPMENT, AND ENHANCEMENT OF AGRICULTURE AND REGIONAL MARKET FACILI-
TIES, IN THE DISTRICT. FOR PURPOSES OF THIS SUBDIVISION, AVAILABLE FUNDS
SHALL MEAN THE NET AMOUNT AVAILABLE AFTER CONTRACTUALLY OBLIGATED
EXPENDITURES ARE SUBTRACTED FROM, BUT NOT BE LIMITED TO, CASH, CASH
EQUIVALENTS, CERTIFICATES OF DEPOSIT, AND OTHER RECEIVABLES AVAILABLE.
THE BOARD AND DEPARTMENT SHALL MEET ANNUALLY PRIOR TO THE CLOSE OF THE
AUTHORITY'S FISCAL YEAR TO EVALUATE THE EFFECTIVENESS OF THE USE OF
FUNDS FOR THAT FISCAL YEAR, REVIEW THE GOALS AND OBJECTIVES OF THE PLAN,
AND PROPERLY PREPARE FOR THE ALLOCATION AND USE OF SUCH FUNDS FOR THE
NEXT FISCAL YEAR. THE PLAN SHALL BE UPDATED ANNUALLY TO MAKE APPROPRIATE
MODIFICATIONS TO SUCH PLAN FOR THE NEXT FISCAL YEAR. PRIOR TO ANY SUCH
FUNDS BEING EXPENDED, BOTH THE BOARD AND THE DEPARTMENT MUST APPROVE
SUCH PLAN, ITS GOALS AND OBJECTIVES AS WELL AS THE PROJECTED REVENUES
AND PROPOSED ALLOCATIONS.
3. THE AUTHORITY SHALL FURNISH AN ANNUAL REAL ESTATE REPORT DETAILING
ALL REAL ESTATE HOLDINGS AND DETAILED PROPERTY INFORMATION, INCLUDING
BUT NOT LIMITED TO THE TENANTS, IMPORTANT LEASE TERMS, RENTS, DURATIONS
OF LEASES, AS WELL AS COPIES OF EACH LEASE. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY SHALL FURNISH ALL
REQUIRED REPORTS, AUDITS, AND REVIEWS, INCLUDING THE ANNUAL REAL ESTATE
REPORT, TO ALL PARTIES ENUMERATED IN PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER, TO THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS, AS WELL AS PUBLISH SUCH REPORT ON ITS WEBSITE WITH-
IN NINETY DAYS AFTER THE END OF ITS FISCAL YEAR.
§ 3. The public authorities law is amended by adding two new sections
842 and 843 to read as follows:
§ 842. MONEYS OF THE AUTHORITY. THE STATE COMPTROLLER OR SUCH COMP-
TROLLER'S LEGALLY AUTHORIZED REPRESENTATIVES ARE HEREBY AUTHORIZED AND
EMPOWERED FROM TIME TO TIME TO EXAMINE THE ACCOUNTS AND BOOKS OF THE
AUTHORITY, INCLUDING ITS RECEIPTS, DISBURSEMENTS, CONTRACTS, SINKING
FUNDS, RESERVE FUNDS, INVESTMENTS AND ANY OTHER MATTERS RELATING TO ITS
FINANCIAL STANDING.
§ 843. CODE OF ETHICS. 1. AS USED IN THIS SECTION, THE TERM "AUTHORI-
TY EMPLOYEE" SHALL MEAN ANY BOARD MEMBER, MEMBER, OFFICER OR EMPLOYEE OF
THE AUTHORITY.
2. THE AUTHORITY SHALL MAKE AVAILABLE THEIR CODE OF ETHICS ON THEIR
WEBSITE, WHICH IS APPLICABLE TO ALL AUTHORITY EMPLOYEES.
3. NO AUTHORITY EMPLOYEE SHALL HAVE ANY INTEREST, FINANCIAL OR OTHER-
WISE, DIRECT OR INDIRECT, OR ENGAGE IN ANY BUSINESS OR TRANSACTION OR
PROFESSIONAL ACTIVITY OR INCUR ANY OBLIGATION OF ANY NATURE, WHICH IS IN
SUBSTANTIAL CONFLICT WITH THE PROPER DISCHARGE OF SUCH EMPLOYEE'S DUTIES
IN THE PUBLIC INTEREST.
4. (A) NO AUTHORITY EMPLOYEE SHALL ACCEPT OTHER EMPLOYMENT WHICH WILL
IMPAIR SUCH EMPLOYEE'S INDEPENDENCE OF JUDGMENT IN THE EXERCISE OF ANY
OFFICIAL DUTIES.
(B) NO AUTHORITY EMPLOYEE SHALL ACCEPT EMPLOYMENT OR ENGAGE IN ANY
BUSINESS OR PROFESSIONAL ACTIVITY WHICH WILL REQUIRE THE EMPLOYEE TO
DISCLOSE CONFIDENTIAL INFORMATION WHICH SUCH EMPLOYEE HAS GAINED BY
REASON OF OFFICIAL POSITION OR AUTHORITY.
(C) NO AUTHORITY EMPLOYEE SHALL DISCLOSE CONFIDENTIAL INFORMATION
ACQUIRED BY THE EMPLOYEE IN THE COURSE OF OFFICIAL DUTIES NOR USE SUCH
INFORMATION TO FURTHER PERSONAL INTERESTS.
(D) NO AUTHORITY EMPLOYEE SHALL USE OR ATTEMPT TO USE AN OFFICIAL
POSITION TO SECURE UNWARRANTED PRIVILEGES OR EXEMPTIONS FOR SUCH EMPLOY-
EE OR OTHERS.
S. 7598--A 4
(E) NO AUTHORITY EMPLOYEE SHALL ENGAGE IN ANY TRANSACTION AS REPRESEN-
TATIVE OR AGENT OF THE AUTHORITY WITH ANY BUSINESS ENTITY IN WHICH SUCH
EMPLOYEE HAS A DIRECT OR INDIRECT FINANCIAL INTEREST THAT MIGHT REASON-
ABLY TEND TO CONFLICT WITH THE PROPER DISCHARGE OF OFFICIAL DUTIES.
(F) AN AUTHORITY EMPLOYEE SHALL NOT BY CONDUCT GIVE REASONABLE BASIS
FOR THE IMPRESSION THAT ANY PERSON CAN IMPROPERLY INFLUENCE SUCH EMPLOY-
EE OR UNDULY ENJOY FAVOR IN THE PERFORMANCE OF OFFICIAL DUTIES, OR THAT
SUCH EMPLOYEE IS AFFECTED BY THE KINSHIP, RANK, POSITION OR INFLUENCE OF
ANY PARTY OR PERSON.
(G) AN AUTHORITY EMPLOYEE SHALL ABSTAIN FROM MAKING PERSONAL INVEST-
MENTS IN ENTERPRISES WHICH SUCH EMPLOYEE HAS REASON TO BELIEVE MAY BE
DIRECTLY INVOLVED IN DECISIONS TO BE MADE BY THE EMPLOYEE OR WHICH WILL
OTHERWISE CREATE SUBSTANTIAL CONFLICT BETWEEN DUTY IN THE PUBLIC INTER-
EST AND SUCH EMPLOYEE'S PRIVATE INTEREST.
(H) AN AUTHORITY EMPLOYEE SHALL ENDEAVOR TO PURSUE A COURSE OF CONDUCT
WHICH WILL NOT RAISE SUSPICION AMONG THE PUBLIC THAT SUCH EMPLOYEE IS
LIKELY TO BE ENGAGED IN ACTS THAT ARE IN VIOLATION OF TRUST.
(I) NO AUTHORITY EMPLOYEE EMPLOYED ON A FULL-TIME BASIS NOR ANY FIRM
OR ASSOCIATION OF WHICH SUCH AN EMPLOYEE IS A MEMBER NOR AUTHORITY, A
SUBSTANTIAL PORTION OF THE STOCK OF WHICH IS OWNED OR CONTROLLED DIRECT-
LY OR INDIRECTLY BY SUCH EMPLOYEE, SHALL SELL GOODS OR SERVICES TO ANY
PERSON, FIRM, AUTHORITY OR ASSOCIATION WHICH IS LICENSED OR WHOSE RATES
ARE FIXED BY THE AUTHORITY IN WHICH SUCH EMPLOYEE SERVES OR IS EMPLOYED.
(J) IF ANY AUTHORITY EMPLOYEE SHALL HAVE A FINANCIAL INTEREST, DIRECT
OR INDIRECT, HAVING A VALUE OF TEN THOUSAND DOLLARS OR MORE IN ANY
ACTIVITY WHICH IS SUBJECT TO THE JURISDICTION OF A REGULATORY AGENCY, HE
OR SHE SHALL FILE WITH THE SECRETARY OF STATE A WRITTEN STATEMENT THAT
HE OR SHE HAS SUCH A FINANCIAL INTEREST IN SUCH ACTIVITY WHICH STATEMENT
SHALL BE OPEN TO PUBLIC INSPECTION.
5. IN ADDITION TO ANY PENALTY CONTAINED IN ANY OTHER PROVISION OF LAW
ANY SUCH AUTHORITY EMPLOYEE WHO SHALL KNOWINGLY AND INTENTIONALLY
VIOLATE ANY OF THE PROVISIONS OF THIS SECTION MAY BE FINED, SUSPENDED OR
REMOVED FROM OFFICE OR EMPLOYMENT.
6. THE PROVISIONS OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW
SHALL BE APPLICABLE TO ALL BOARD MEMBERS AND EMPLOYEES OF THE AUTHORITY.
§ 4. This act shall take effect immediately.
