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S07598 Summary:

S07598 Actions:

S07598 Committee Votes:

S07598 Floor Votes:

S07598 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7598--B
            Cal. No. 955
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      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  --
          reported  favorably  from  said committee, ordered to first and second
          report, amended on second report, ordered to a third reading,  and  to
          be  reprinted  as  amended,  retaining its place in the order of third
          reading
 
        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:
 
     1    Section 1. Section 827 of the public authorities law,  as  amended  by
     2  chapter 55 of the laws of 1992, is amended to read as follows:
     3    §  827.  Board  of directors. The board of directors of the authority,
     4  hereinafter in this title referred to as "the board," shall  consist  of
     5  [thirteen]  seventeen  voting  members,  as follows: The commissioner of
     6  agriculture and markets or the commissioner's representative [shall be a
     7  member ex-officio]. The board of supervisors of each of the counties  in
     8  the  district  shall  each  name  directors as follows: Onondaga, three;
     9  Oswego, two; Cayuga, two; Madison, two; Cortland, one; Oneida, one,  and
    10  Wayne,  one.  Additionally, the following shall have appointments to the
    11  board: the county executive of Onondaga county, two; and  the  mayor  of
    12  the city of Syracuse, two; One member from each of the above-named coun-
    13  ties  may be either a producer or non-producer of agricultural products;
    14  the other members named by the board of supervisors of the  counties  in
    15  the  district  entitled to additional directors shall be persons engaged
    16  in farming and deriving a greater part of their  income  therefrom,  and
    17  all such appointments made after May first, nineteen hundred forty-four,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02491-11-4
        S. 7598--B                          2
 
     1  shall be producers who actually sell all or part of their produce on the
     2  Central New York Regional Market.
     3    Each member shall continue as a member during the pleasure of the body
     4  appointing [him or her] such member, and upon a vacancy occurring by the
     5  filing  with  the secretary of the authority of a duly certified copy of
     6  the resolution signifying that an appointment has  been  terminated,  or
     7  upon  resignation  of  a  member,  or  a  vacancy occurring in any other
     8  manner, it shall be filled in a manner  corresponding  to  the  original
     9  appointment.  Each  member  shall,  before  entering  upon the duties of
    10  office, take the constitutional oath of office and file the same in  the
    11  office  of  the  secretary  of state. One more than one half of the duly
    12  qualified members shall constitute a quorum for the transaction of busi-
    13  ness and [the concurrence of one more than one half of the  duly  quali-
    14  fied  members  at  a  meeting] shall be necessary to the validity of any
    15  resolution, order or, determination. Any member may be  removed  by  the
    16  governor  for  inefficiency,  neglect  of  duty or misconduct in office,
    17  after a hearing upon charges and an opportunity to be heard in person or
    18  by counsel upon not less than ten days' notice. The  members  shall  not
    19  receive  a  salary  or  other  compensation,  but  shall  be paid actual
    20  expenses incurred in attending meetings of the board and  in  performing
    21  committee  work assigned to them by the board. Expenses for travel shall
    22  not exceed the per mile rate allowed state employees for use of personal
    23  cars. Expenses of a special or extraordinary nature may  be  allowed  by
    24  resolution of the board.
    25    §  2. Section 826 of the public authorities law, as amended by chapter
    26  420 of the laws of 1951, is amended to read as follows:
    27    § 826. Central New York Regional Market Authority. 1. There is  hereby
    28  created  and established a district to be known as the "central New York
    29  regional market district," hereinafter in this title referred to as "the
    30  district," which shall embrace all the  territory  included  within  the
    31  following  named  counties: Cayuga, Cortland, Madison, Oneida, Onondaga,
    32  Oswego, that territory in Wayne county lying east of the new pre-emption
    33  line. For the accomplishment of the purposes hereinafter indicated rela-
    34  tive to that district there is hereby created and established  a  public
    35  benefit  corporation,  to  be known as "Central New York Regional Market
    36  Authority," hereinafter in this title referred to  as  "the  authority."
    37  Such  authority  shall have perpetual existence and the power to acquire
    38  by the exercise of the right of eminent domain or  otherwise  such  real
    39  estate  within  the  district and other property as may be necessary, to
    40  sue and be sued, to incur debts, liabilities and obligations,  to  issue
    41  bonds  and other evidences of indebtedness, to have a seal, and to exer-
    42  cise all powers authorized by this title and  reasonably  necessary  for
    43  accomplishing  its  purposes, subject to the provisions herein contained
    44  and the constitution and laws of the  United  States  and  of  New  York
    45  state.  Such  powers  shall be exercised in the name of the "Central New
    46  York Regional Market Authority."
    47    2. In fulfilling the authority's mission, the board shall work cooper-
    48  atively and in consultation  with  the  department  of  agriculture  and
    49  markets  to  ensure  the  proper development of agriculture and regional
    50  market facilities, in the central New York regional market district. The
    51  board and the department of agriculture and markets, hereinafter in this
    52  title referred to as "the department," shall jointly develop a plan  for
    53  the  future development and viability of agriculture and regional market
    54  facilities in the district. Such plan shall include both short-term  and
    55  long-term  goals and objectives as well as actual and projected revenues
    56  and expenditures. Such plan shall annually allocate no less than  seven-
        S. 7598--B                          3
 
     1  ty-five  percent  of  the  authority's available funds for the creation,
     2  development, and enhancement of agriculture and regional market  facili-
     3  ties, in the district. For purposes of this subdivision, available funds
     4  shall  mean  the  net  amount  available  after  contractually obligated
     5  expenditures are subtracted from, but not  be  limited  to,  cash,  cash
     6  equivalents,  certificates  of deposit, and other receivables available.
     7  The board and department shall meet annually prior to the close  of  the
     8  authority's  fiscal  year  to  evaluate  the effectiveness of the use of
     9  funds for that fiscal year, review the goals and objectives of the plan,
    10  and properly prepare for the allocation and use of such  funds  for  the
    11  next fiscal year. The plan shall be updated annually to make appropriate
    12  modifications  to  such plan for the next fiscal year. Prior to any such
    13  funds being expended, both the board and  the  department  must  approve
    14  such  plan,  its  goals and objectives as well as the projected revenues
    15  and proposed allocations.
    16    3. The authority shall furnish an annual real estate report  detailing
    17  all  real  estate  holdings and detailed property information, including
    18  but not limited to the tenants, important lease terms, rents,  durations
    19  of  leases,  as  well as copies of each lease. Notwithstanding any other
    20  provision of law to  the  contrary,  the  authority  shall  furnish  all
    21  required  reports, audits, and reviews, including the annual real estate
    22  report, to all parties enumerated in paragraph (a) of subdivision one of
    23  section twenty-eight hundred of this chapter, to the department of agri-
    24  culture and markets, as well as publish such report on its website with-
    25  in ninety days after the end of its fiscal year.
    26    § 3. The public authorities law is amended by adding two new  sections
    27  842 and 843 to read as follows:
    28    §  842.  Moneys of the authority.  The state comptroller or such comp-
    29  troller's legally authorized representatives are hereby  authorized  and
    30  empowered  from  time  to  time to examine the accounts and books of the
    31  authority, including its  receipts,  disbursements,  contracts,  sinking
    32  funds,  reserve funds, investments and any other matters relating to its
    33  financial standing.
    34    § 843. Code of ethics.  1. As used in this section, the term "authori-
    35  ty employee" shall mean any board member, member, officer or employee of
    36  the authority.
    37    2. The authority shall make available their code of  ethics  on  their
    38  website, which is applicable to all authority employees.
    39    3.  No authority employee shall have any interest, financial or other-
    40  wise, direct or indirect, or engage in any business  or  transaction  or
    41  professional activity or incur any obligation of any nature, which is in
    42  substantial conflict with the proper discharge of such employee's duties
    43  in the public interest.
    44    4.  (a) No authority employee shall accept other employment which will
    45  impair such employee's independence of judgment in the exercise  of  any
    46  official duties.
    47    (b)  No  authority  employee  shall accept employment or engage in any
    48  business or professional activity which will  require  the  employee  to
    49  disclose  confidential  information  which  such  employee has gained by
    50  reason of official position or authority.
    51    (c) No authority  employee  shall  disclose  confidential  information
    52  acquired  by  the employee in the course of official duties nor use such
    53  information to further personal interests.
    54    (d) No authority employee shall use or  attempt  to  use  an  official
    55  position to secure unwarranted privileges or exemptions for such employ-
    56  ee or others.
        S. 7598--B                          4
 
     1    (e) No authority employee shall engage in any transaction as represen-
     2  tative  or agent of the authority with any business entity in which such
     3  employee has a direct or indirect financial interest that might  reason-
     4  ably tend to conflict with the proper discharge of official duties.
     5    (f)  An  authority employee shall not by conduct give reasonable basis
     6  for the impression that any person can improperly influence such employ-
     7  ee or unduly enjoy favor in the performance of official duties, or  that
     8  such employee is affected by the kinship, rank, position or influence of
     9  any party or person.
    10    (g)  An  authority employee shall abstain from making personal invest-
    11  ments in enterprises which such employee has reason to  believe  may  be
    12  directly  involved in decisions to be made by the employee or which will
    13  otherwise create substantial conflict between duty in the public  inter-
    14  est and such employee's private interest.
    15    (h) An authority employee shall endeavor to pursue a course of conduct
    16  which  will  not  raise suspicion among the public that such employee is
    17  likely to be engaged in acts that are in violation of trust.
    18    (i) No authority employee employed on a full-time basis nor  any  firm
    19  or  association  of which such an employee is a member, where a substan-
    20  tial portion of the stock of which is owned or  controlled  directly  or
    21  indirectly by such employee, shall sell goods or services to any person,
    22  firm,  authority  or  association  which  is licensed or whose rates are
    23  fixed by the authority in which such employee serves or is employed.
    24    (j) If any authority employee shall have a financial interest,  direct
    25  or  indirect,  having  a  value  of  ten thousand dollars or more in any
    26  activity which is subject to the jurisdiction of  a  regulatory  agency,
    27  such authority employee shall file with the secretary of state a written
    28  statement  that such authority employee has such a financial interest in
    29  such activity which statement shall be open to public inspection.
    30    5. In addition to any penalty contained in any other provision of  law
    31  any  such  authority  employee  who  shall  knowingly  and intentionally
    32  violate any of the provisions of this section may be fined, suspended or
    33  removed from office or employment.
    34    6. The provisions of section seventy-three of the public officers  law
    35  shall be applicable to all board members and employees of the authority.
    36    § 4. This act shall take effect immediately.