Requires the secretary of state to compile, make public and keep current certain information on persons subjected to section 73-a of the public officers law and who hold policy-making positions; further requires the secretary of state to post such information on the department of state website.
STATE OF NEW YORK
________________________________________________________________________
3810
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to information on persons
subjected to section 73-a of the public officers law and who hold
policy-making positions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 100-a
2 to read as follows:
3 § 100-a. Information on state agencies pertaining to persons subjected
4 to section seventy-three-a of the public officers law and who hold poli-
5 cy-making positions. 1. As used in this section "agency" means:
6 (a) any state department, board, bureau, division, council, committee,
7 commission, or office;
8 (b) any other similar state public organization established pursuant
9 to state statutes, executive order, or other executive action for the
10 exercise of any function of state government and to which members are
11 appointed or elected; and
12 (c) any public authority or public benefit corporation a majority of
13 whose members are appointed by the governor or serve as members by
14 virtue of holding state offices to which they were appointed by the
15 governor, or any combination thereof.
16 2. "Agency" does not include:
17 (a) any informal advisory organization established exclusively by a
18 state agency to advise a commissioner, secretary, or other director of
19 that agency on an informal basis;
20 (b) the state legislature; and
21 (c) any local government or subdivision or entity thereof.
22 3. The secretary of state shall maintain a compilation of persons
23 subjected to section seventy-three-a of the public officers law and who
24 hold policy-making positions at all state agencies, including state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06095-01-7
S. 3810 2
1 agencies established after the effective date of this section. Such
2 compilation shall identify by agency the persons subjected to section
3 seventy-three-a of the public officers law and who hold policy-making
4 positions, the length of time such positions have been held, and a
5 representation of policy-making positions at such agency held by women
6 compared to policy-making positions held by men. The secretary of state
7 shall keep such inventory in a public record available for inspection,
8 and updated annually on the department of state website.
9 4. Each agency shall annually on or before January first, submit to
10 the secretary of state all information required pursuant to this section
11 in a manner specified by the secretary of state to facilitate the publi-
12 cation requirements of this section.
13 5. For the purposes of this section, "persons subjected to section
14 seventy-three-a of the public officers law and who hold policy-making
15 decisions" shall include, but not be limited to, a commissioner, a
16 superintendent, an executive director, and other chief executive offi-
17 cers, positions appointed by the governor, as well as the appointments
18 of the aforementioned whose function is essential to the policy-making
19 processes of such agency, and any other position whose function is
20 essential to the policy-making processes of such agency.
21 § 2. This act shall take effect on the first of April next succeeding
22 the date on which it shall have become a law.
