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A00452 Summary:

BILL NOA00452
 
SAME ASSAME AS S01572
 
SPONSOREpstein
 
COSPNSRGonzalez-Rojas, Davila, Glick
 
MLTSPNSR
 
Amd §3, Pub Off L; amd §2825, Pub Auth L; amd §856, Gen Muni L; amd §4, UDC Act
 
Prohibits a person currently employed by the governor in the executive chamber or employed as a lobbyist from being appointed to a position that requires approval of the senate.
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A00452 Actions:

BILL NOA00452
 
01/09/2023referred to governmental operations
01/03/2024referred to governmental operations
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A00452 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           452
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by  M.  of A. EPSTEIN, GONZALEZ-ROJAS, DAVILA, GLICK -- read
          once and referred to the Committee on Governmental Operations
 
        AN ACT to amend the public officers law, the public authorities law, the
          general municipal law and the New York state urban development  corpo-
          ration act, in relation to prohibiting a person employed by the gover-
          nor  in  the  executive  chamber  or employed as a lobbyist from being
          appointed to a position that requires approval of the senate
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3 of the public officers law is amended by adding a
     2  new subdivision 1-b to read as follows:
     3    1-b.  No  person  who is serving as a state officer or employee in the
     4  executive chamber of the governor, or person who is  a  lobbyist  regis-
     5  tered  under  a  state  or local law, or person registered as a lobbyist
     6  pursuant to article one-A of the legislative law, shall within the peri-
     7  od of such service or employment be appointed by  the  governor  to  any
     8  board,  agency  or  capacity  that  would  require such nomination to be
     9  approved by the senate.
    10    § 2. Subdivision 1 and the  opening  paragraph  of  subdivision  2  of
    11  section  2825 of the public authorities law, subdivision 1 as amended by
    12  chapter 766 of the laws of 2005 and the opening paragraph of subdivision
    13  2 as amended by chapter 174 of the laws of 2010, are amended to read  as
    14  follows:
    15    1.  No  public officer or employee shall be ineligible for appointment
    16  as a trustee or member of the governing body of a state or local author-
    17  ity, as defined in section two of this chapter, and any  public  officer
    18  or  employee  may  accept  such appointment and serve as such trustee or
    19  member without forfeiture of any other  public  office  or  position  of
    20  public  employment  by  reason thereof, provided, however, that a public
    21  officer or employee serving in the executive  chamber  of  the  governor
    22  shall be ineligible for any such appointment.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02477-01-3

        A. 452                              2
 
     1    Except  for  members who serve as members by virtue of holding a civil
     2  office of the state, [the majority of]  the  remaining  members  of  the
     3  governing  body  of  every state or local authority shall be independent
     4  members; provided, however, that this provision shall apply to  appoint-
     5  ments  made  on  or  after  the  effective date of chapter seven hundred
     6  sixty-six of the laws of two thousand five which added this subdivision.
     7  The official or officials having the authority to appoint or remove such
     8  remaining members shall take such actions as may be necessary to satisfy
     9  this requirement and further, shall consider the  prospective  diversity
    10  of  the members of a state authority when making their determinations to
    11  appoint any member. For the purposes of  this  section,  an  independent
    12  member is one who:
    13    §  3.  Paragraph  (a)  of  subdivision  1  and subdivisions 2 and 4 of
    14  section 856 of the general municipal law, paragraph (a) of subdivision 1
    15  and subdivision 4 as added by chapter 1030  of  the  laws  of  1969  and
    16  subdivision 2 as amended by chapter 356 of the laws of 1993, are amended
    17  and a new subdivision 5 is added to read as follows:
    18    (a)  Upon  the  establishment  of  an industrial development agency by
    19  special act of the legislature, the governing body of  the  municipality
    20  for  whose  benefit  such  agency  is  established shall file within six
    21  months after the effective date of the special act  of  the  legislature
    22  establishing  such  agency  or  before  the  first day of July, nineteen
    23  hundred sixty-nine, whichever date shall be later, in the office of  the
    24  secretary of state, a certificate setting forth: (1) the date of passage
    25  of  the special act establishing the agency; (2) the name of the agency;
    26  (3) the names of the members and their terms of office, specifying which
    27  member is the [chairman] chairperson; and  (4)  facts  establishing  the
    28  need for the establishment of an agency in such municipality.
    29    2.  An agency shall be a corporate governmental agency, constituting a
    30  public benefit corporation. Except as otherwise provided by special  act
    31  of  the  legislature, an agency shall consist of not less than three nor
    32  more than seven members who shall be appointed by the governing body  of
    33  each  municipality and who shall serve at the pleasure of the appointing
    34  authority. Such members may include representatives of local government,
    35  school boards, organized labor and business. A member shall continue  to
    36  hold  office  until his or her successor is appointed and has qualified.
    37  The governing body  of  each  municipality  shall  designate  the  first
    38  [chairman]  chairperson  and  file with the secretary of state a certif-
    39  icate of appointment or reappointment of any member. Such members  shall
    40  receive  no compensation for their services but shall be entitled to the
    41  necessary  expenses,  including  traveling  expenses,  incurred  in  the
    42  discharge of their duties.
    43    4.  Any  one or more of the members of an agency may be an official or
    44  an employee of the municipality. In the event that  an  official  or  an
    45  employee of the municipality shall be appointed as a member of the agen-
    46  cy,  acceptance  or  retention of such appointment shall not be deemed a
    47  forfeiture of his or her municipal office or employment, or incompatible
    48  therewith or affect his or her tenure or compensation in  any  way.  The
    49  term of office of a member of an agency who is an official or an employ-
    50  ee of the municipality when appointed as a member thereof by special act
    51  of  the  legislature  creating  the  industrial development agency shall
    52  terminate at the expiration of the term of his or her municipal office.
    53    5. No person who is serving as a public officer  or  employee  in  the
    54  executive  chamber  of  the governor, or person who is a lobbyist regis-
    55  tered under a state or local law, or a person registered as  a  lobbyist
    56  pursuant to article one-A of the legislative law, shall within the peri-

        A. 452                              3
 
     1  od of such service or employment be appointed to serve on any industrial
     2  development agency.
     3    §  4.  Subdivision  1  of section 4 of section 1 of chapter 174 of the
     4  laws of 1968, constituting the New York state urban  development  corpo-
     5  ration act, as amended by chapter 280 of the laws of 1984 and as further
     6  amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
     7  amended to read as follows:
     8    (1) There is hereby created  the  New  York  state  urban  development
     9  corporation. The corporation shall be a corporate governmental agency of
    10  the  state,  constituting  a  political  subdivision  and public benefit
    11  corporation. Its membership shall consist of nine directors as  follows:
    12  the  superintendent of financial services, the [chairman] chairperson of
    13  the New York state science and technology foundation, and  seven  direc-
    14  tors  to be appointed by the governor with the advice and consent of the
    15  senate.  No public officer or employee serving in the executive  chamber
    16  of the governor shall be eligible for such appointment within the period
    17  of  their  service.  From  the  seven  directors appointed by [him,] the
    18  governor, he or she shall designate the [chairman]  chairperson  of  the
    19  corporation  and  two  others who shall all serve at the pleasure of the
    20  governor. Of the four remaining directors, one of such  directors  first
    21  appointed  by  the governor after the effective date of this subdivision
    22  as amended shall serve for a term ending January first  next  succeeding
    23  his  or  her  appointment,  one of such directors shall serve for a term
    24  ending one year from such date, one of such directors shall serve for  a
    25  term  ending  two  years from such date, and one of such directors shall
    26  serve for a term ending three years from  such  date.  Their  successors
    27  shall  serve  for  terms of four years each. Directors shall continue in
    28  office until their successors have been appointed and qualified. In  the
    29  event  of  a  vacancy  occurring  in  the office of a director by death,
    30  resignation or otherwise, the governor shall appoint  a  successor  with
    31  the  advice  and  consent  of the senate to serve for the balance of the
    32  unexpired term. The governor shall appoint the president of  the  corpo-
    33  ration,  with  the  advice  and  consent of the senate, who shall be the
    34  chief executive officer of the corporation and who shall  serve  at  the
    35  pleasure  of  the  governor.  Such president may be one of the directors
    36  appointed by the governor.
    37    § 5. This act shall take effect immediately.
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