NY State Senate Bill 2025-S4576

Senate Bill S4576

2025-2026 Legislative Session

Establishes a procedure for appointing a president or chairperson upon a vacancy of such position

download bill text pdf

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2025	referred to corporations, authorities and commissions

2025-S4576 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Economic Development Law
Laws Affected:: Amd §4, UDC Act
Versions Introduced in Other Legislative Sessions:: 2021-2022: S9148
2023-2024: S3437

2025-S4576 (ACTIVE) - Summary

Establishes a procedure for appointing a president or chairperson upon a vacancy of such position.

2025-S4576 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4576

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the New York state urban development corporation act, in
relation to establishing a procedure for appointing a president or
chairperson upon a vacancy of such position and correcting certain
gendered language

 
PURPOSE:

Establishes a procedure for appointing a president or chairperson upon a
vacancy of such a position and correct certain gendered language.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 4 of Section 1 of Chapter 174 of the laws of
1968 by placing a six-month limit on an acting president or acting chair
of the Empire State Development Board. It requires that the President
and Chair be separate offices, that the same person cannot serve in both
roles simultaneously, and that board members cannot be appointed presi-

dent. Requires that the President or Chair cannot engage in private
employment, profession, or business. While also fixing single-gender
references.

Section 2: Sets Effective Date.

 
JUSTIFICATION:

Under the current New York State statute, an acting president or acting
chair of the Empire State Development Board, appointed by the governor
due to a vacancy, may serve indefinitely. However, as the purpose of an
acting appointment is to provide temporary leadership until a permanent
successor is confirmed, the absence of a time limitation creates proce-
dural concerns. This bill seeks to address these issues by establishing
a six-month limit on the tenure of an acting president or acting chair.
Furthermore, it clarifies that the positions of President and Chair are
distinct offices and stipulates that the same individual cannot simul-
taneously serve in both roles.  These measures will enhance accountabil-
ity, ensure timely appointments, and strengthen the governance structure
of the Empire State Development Board.

 
LEGISLATIVE HISTORY:

Senate

2021: N/A

2022: S9148, Referred to Corporations, Authorities, and Commissions

2023: S3437, Reported and Committed to Finance

2024: S3437, Passed Senate

Assembly

2021: N/A

2022: No Assembly Same-As

2023: No Assembly Same-As

2024: No Assembly Same-As

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4576 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4576
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the New York state urban development corporation act, in
   relation  to  establishing  a  procedure for appointing a president or
   chairperson upon a vacancy of such  position  and  correcting  certain
   gendered language
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of section 1 of chapter 174 of the laws of  1968,
 constituting  the  New  York  state  urban  development corporation act,
 subdivisions 1, 1-a and 3 as amended by chapter 280 of the laws of  1984
 and  as  further  amended  by section 104 of part A of chapter 62 of the
 laws of 2011, subdivision 2 as amended by chapter  55  of  the  laws  of
 1992,  subdivision  3-a  as added by chapter 61 of the laws of 1975, and
 subdivisions 7 and 8 as amended by chapter 823 of the laws of  2022,  is
 amended to read as follows:
   § 4. New York state urban development corporation. (1) There is hereby
 created  the  New  York  state urban development corporation. The corpo-
 ration shall be a corporate governmental agency of the state, constitut-
 ing a political subdivision and public benefit corporation. Its  member-
 ship  shall  consist of nine directors as follows: the superintendent of
 financial services, the [chairman] CHAIRPERSON of  the  New  York  state
 science  and  technology foundation, and seven directors to be appointed
 by the governor with the advice and consent  of  the  senate.  From  the
 seven  directors  appointed  by  [him]  THE GOVERNOR, the governor shall
 designate the [chairman] CHAIRPERSON of the corporation and  two  others
 who shall all serve at the pleasure of the governor. Of the four remain-
 ing  directors,  one  of  such directors first appointed by the governor
 after the effective date of this subdivision as amended shall serve  for
 a  term ending January first next succeeding [his] SUCH appointment, one
 of such directors shall serve for a term ending one year from such date,
 one of such directors shall serve for a term ending two years from  such
 date,  and  one  of  such  directors shall serve for a term ending three

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08763-01-5
 S. 4576                             2
 
 years from such date. Their successors shall serve  for  terms  of  four
 years  each.  Directors  shall continue in office until their successors
 have been appointed and qualified. In the event of a  vacancy  occurring
 in  the  office  of  a  director by death, resignation or otherwise, the
 governor shall appoint a successor with the advice and  consent  of  the
 senate  to  serve  for  the  balance of the unexpired term. The governor
 shall appoint the president of the  corporation,  with  the  advice  and
 consent  of  the senate, who shall be the chief executive officer of the
 corporation and who shall serve at the pleasure of  the  governor.  Such
 president  may NOT be one of the directors appointed by the governor. IN
 THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF THE PRESIDENT  OR  THE
 CHAIRPERSON  BY  DEATH,  RESIGNATION  OR  OTHERWISE,  THE GOVERNOR SHALL
 APPOINT A SUCCESSOR WITH THE ADVICE AND CONSENT OF THE SENATE  TO  SERVE
 FOR  THE  BALANCE  OF  THE UNEXPIRED TERM. THE GOVERNOR MAY DESIGNATE AN
 ACTING PRESIDENT OR CHAIRPERSON FOR A PERIOD NOT TO EXCEED SIX MONTHS OR
 UNTIL A SUCCESSOR HAS BEEN CONFIRMED  BY  THE  SENATE,  WHICHEVER  COMES
 FIRST.
   (1-a)  The  superintendent  of  financial  services and the [chairman]
 CHAIRPERSON of the New York state science and technology foundation each
 may designate a person from [his] THEIR department  to  represent  [him]
 THEM  at all meetings of the corporation from which such director may be
 absent. Any representative so designated shall have the power to  attend
 and to vote at any meeting of the corporation from which the director so
 designating  [him]  THEM is absent, with the same force and effect as if
 the director designating [him] THEM were present and voting. Such desig-
 nation shall be by written notice filed with the [chairman]  CHAIRPERSON
 of  the  corporation  by the director making the designation. The desig-
 nation of each such person shall continue until revoked at any  time  by
 written  notice to the [chairman] CHAIRPERSON by the director making the
 designation. Such designation shall not limit the power of the  director
 making  the  designation  to attend and vote in person at any meeting of
 the corporation.
   (2) The directors, other than the [chairman] CHAIRPERSON, shall  serve
 without  salary  or other compensation, but each director, including the
 [chairman] CHAIRPERSON, shall be entitled to  reimbursement  for  actual
 and necessary expenses incurred in the performance of [his or her] THEIR
 official duties. Anything to the contrary contained herein notwithstand-
 ing,  the  president  of the corporation[, whether or not he or she is a
 director,] and the [chairman if he or she is not the  president]  CHAIR-
 PERSON  shall  be  entitled  to receive such salary as the directors may
 determine for their services as chief executive officer  and  [chairman]
 CHAIRPERSON respectively.
   (3)   Such  directors  other  than  the  superintendent  of  financial
 services, the [chairman] CHAIRPERSON of the New York state  science  and
 technology  foundation, [and any director who serves as president of the
 corporation] may engage in private employment, or  in  a  profession  or
 business.  The  corporation, its directors, officers and employees shall
 be subject to the provisions of sections seventy-three and  seventy-four
 of the public officers law.
   (3-a) The state shall save harmless and indemnify any person who shall
 have  served  as  a  director,  officer  or  employee of the corporation
 against financial loss or litigation expense arising in connection  with
 any  claim, demand, suit or judgment, or the defense thereof, based on a
 cause of action, whenever accrued, involving allegations that  pecuniary
 harm  was  sustained by any person as a result of any transaction of the
 corporation taking place on or after the effective date of the New  York
 S. 4576                             3

 state  project  finance agency act. In the event any such claim, demand,
 suit or judgment shall occur, a director, officer  or  employee  of  the
 corporation  shall  be saved harmless and indemnified by the state under
 this  subdivision  unless  such  individual is found by a final judicial
 determination not to have acted in good faith, for a purpose which  [he]
 THEY  reasonably believed to be in the best interests of the corporation
 or not to have had reasonable cause to believe that [his] THEIR  conduct
 was  lawful.  In any suit described in the first sentence of this subdi-
 vision, any director, officer or employee made a party defendant to such
 suit shall be entitled to be represented by  private  counsel  of  [his]
 THEIR  choice;  provided,  however, that the attorney general is author-
 ized, as a condition to indemnification of the fees and expenses of such
 representation, to require that appropriate groups of  such  individuals
 be  represented by the same counsel; and provided further, that with the
 approval of the attorney general or of a court (obtained by  application
 substantially  as  provided  in section seven hundred twenty-five of the
 business corporation law), indemnification for such  fees  and  expenses
 shall  be  paid  from time to time during the pendency of such suit. The
 provisions of this subdivision shall be in addition  to  and  shall  not
 supplant  any  indemnification or other benefits heretofore or hereafter
 conferred upon directors, officers and employees of the  corporation  by
 section  seventeen  of  the public officers law, by action of the corpo-
 ration, or otherwise. The provisions of  this  subdivision  shall  inure
 only  to directors, officers and employees of the corporation, shall not
 enlarge or diminish the rights of any other party, and shall not impair,
 limit or modify the rights and obligations  of  any  insurer  under  any
 policy of insurance.
   (4)  The directors of the corporation shall serve ex officio as direc-
 tors of the corporation for urban development and research of New  York,
 created by the New York state urban development and research corporation
 act, and of the urban development guarantee fund of New York, created by
 the  urban  development  guarantee  fund of New York act. The [chairman]
 CHAIRPERSON of the corporation shall serve as [chairman] CHAIRPERSON  of
 the  corporation  for  urban development and research of New York and of
 the urban development guarantee fund of New York.
   (5) Notwithstanding  any  inconsistent  provisions  of  law,  general,
 special  or  local,  no officer or employee of the state or of any civil
 division thereof, shall be deemed to have  forfeited  or  shall  forfeit
 [his]  THEIR office or employment by reason of [his] THEIR acceptance of
 membership on the corporation created by this section; provided,  howev-
 er,  a  director  who holds such other public office or employment shall
 receive no additional compensation or allowance  for  services  rendered
 pursuant  to  this act, but shall be entitled to reimbursement for [his]
 THEIR actual and necessary expenses incurred in the performance of  such
 services.
   (6)  The  governor shall appoint a business advisory council for urban
 development, to advise and make recommendations to the corporation  with
 respect  to  development  policies and programs and to encourage maximum
 participation in projects of the corporation by the  private  sector  of
 the economy, including members of the council and firms and corporations
 with  which  they are [affliated] AFFILIATED. Such council shall consist
 of not more than twenty-five members, who shall serve at the pleasure of
 the governor, and who shall be broadly representative  of  commerce  and
 industry,  the  financial  community  and  the  construction and housing
 industries. Such members shall serve without salary, but shall be  enti-
 S. 4576                             4
 
 tled  to  reimbursement for their actual and necessary expenses incurred
 in the performance of their duties.
   (7)  The  corporation  shall  establish one or more community advisory
 committees to consider and advise the corporation upon matters submitted
 to them by the corporation concerning the development of any area or any
 project, and may establish rules and regulations with  respect  to  such
 committees.  The corporation or its successor shall publish and maintain
 a  list of all community advisory committee members, and community advi-
 sory committee meeting agendas, materials, and minutes on  its  website.
 Meeting  agendas  and materials shall be posted on such website at least
 one business day in advance of community  advisory  committee  meetings.
 All upcoming meeting times and locations shall be posted on such website
 at  least  one  week in advance.   Community advisory committee meetings
 shall be accessible for the public to view and attend live.  The members
 of such community advisory committees shall serve, at  the  pleasure  of
 the  corporation, without salary, but shall be entitled to reimbursement
 for their actual and necessary expenses incurred in the  performance  of
 their  duties. Notwithstanding any inconsistent provision of law, gener-
 al, special or local, no officer or employee of  the  state  or  of  any
 civil  division  thereof,  shall  be  deemed  to have forfeited or shall
 forfeit [his or her] THEIR office or employment by  reason  of  [his  or
 her]  THEIR  acceptance of membership on such community advisory commit-
 tee.
   (8) The governor may remove any director appointed  by  [him  or  her]
 THEM  for  inefficiency,  neglect  of duty or misconduct in office after
 giving [him or her] SUCH DIRECTOR a copy of the charges against [him  or
 her]  THEM,  and an opportunity to be heard, in person or by counsel, in
 [his or her] THEIR defense, upon not less than ten days' notice. If  any
 such director shall be removed, the governor shall file in the office of
 the  department  of  state  a complete statement of charges made against
 such director and [his or her] THE GOVERNOR'S findings thereon, together
 with a complete record of the proceeding. The foregoing provisions shall
 not apply in the case of the chairperson  and  any  other  director  who
 serves at the pleasure of the governor.
   (9)  The  corporation and its corporate existence shall continue until
 terminated by law, provided, however, that no such law shall take effect
 so long as the corporation shall have bonds, notes and other obligations
 outstanding, unless adequate provision has been  made  for  the  payment
 thereof  in  the  documents  securing  the same. Upon termination of the
 existence of the corporation, all its rights and properties  shall  pass
 to and be vested in the state.
   (10)  A  majority  of  the directors of the corporation then in office
 shall constitute a quorum for the transaction of  any  business  or  the
 exercise  of  any power or function of the corporation, except as other-
 wise provided in SUBDIVISION TWO OF section sixteen[,  subdivision  two,
 hereof]  OF THIS ACT. The corporation may delegate to one or more of its
 directors, or its officers, agents and employees, such powers and duties
 as it may deem proper.
   (11) The corporation shall take affirmative  action  in  working  with
 construction  firms,  contractors  and  subcontractors, labor unions and
 manufacturing and industrial firms, to the end that residents  of  areas
 in  which  projects are to be located shall be afforded participation in
 the construction work on projects of the corporation, and in  the  busi-
 ness  operations  of tenants and occupants of industrial projects under-
 taken by the corporation.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.