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A06687 Summary:

BILL NOA06687
 
SAME ASSAME AS S01743
 
SPONSORAbinanti
 
COSPNSR
 
MLTSPNSR
 
Add §32-a, UDC Act
 
Relates to obligations of members of economic development entities.
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A06687 Actions:

BILL NOA06687
 
03/25/2021referred to economic development
01/05/2022referred to economic development
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A06687 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6687
 
SPONSOR: Abinanti
  TITLE OF BILL: An act to amend the New York state urban development corporation act, in relation to obligations of members of economic development entities   PURPOSE OR GENERAL IDEA OF BILL: To increase transparency of the Regional Economic Development Councils that provide advice or recommendations on the allocation or disbursement of state or federal moneys and ensure that members of such councils do not have conflicts of interest related to such advice.   SUMMARY OF PROVISIONS: Section 1 of the bill amends section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, by adding a new section 32-a to establish special provisions relating to economic development entities including that: 1. For purposes of this section, an "economic development entity" shall mean any entity created by the executive branch, and any state agency whose function includes providing advice, recommendations or determi- nations to or on behalf of the executive branch or any state agency, on the allocation or disbursement of state or federal monies or tax credits and/or benefits. 2. The provisions of article seven of the public officers law applicable to public bodies and the provisions of article six of the public offi- cers law applicable to agencies shall apply to an economic development entity. 3. In addition to the requirements of subdivision 3 of section eighty- seven of the public officers law, an economic development entity shall maintain and make available for public inspection and copying any and all proposals submitted to it through a centralized process. 4. For purposes of public officers law section seventy-three-a, any member of an economic development entity shall be deemed a state officer or employee and shall be deemed a policy maker and shall file an annual statement of financial disclosure set forth in subdivision 3 of public officers law section seventy-three-a. Section 2 is the effective date.   JUSTIFICATION: Public Officers Law § 73-a governs financial disclosure rules for vari- ous state officers and employees. Articles 6 and 7 of the public offi- cers govern the freedom of information law rules and open meetings law rules, respectively. Currently, Regional Economic Development Councils (REDCs) are not covered by these laws yet they have significant input into the distrib- ution of billions of dollars of state funds. Since its inception in 2011, REDCs have been empowered to help direct more than $5.4 billion of state moneys to community development projects throughout the State. The 2018-19 State budget provides for an eighth round of REDCs awards with up to $750 million to fund regional priority projects which, once again, the REDCs will have a significant role in directing. Despite having influence over billions of dollars of state moneys, members of the REDCs do not file any financial disclosure statements; most of their meetings are not open to the public; and they do not make most of their records available to the public for inspection and copying. This bill will provide much needed increased transparency of the REDCs by ensuring its members file financial disclosure statements as required by other state officers and employees and are subject to the requirements of the open meetings law and freedom of information law.   PRIOR LEGISLATIVE HISTORY: 2019-20: A1597 referred to economic development, same as S4290 (Skoufis) referred to corporations, authorities and commissions; 2018: A10849 referred to economic development   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that those incumbents who have not filed a disclosure from for the calendar year 2020 shall have thirty days from the effective date of this act to file such forms with the joint commission on public ethics.
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A06687 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6687
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 25, 2021
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Economic Development
 
        AN ACT to amend the New York state urban development corporation act, in
          relation to obligations of members of economic development entities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
     2  the  New  York  state  urban  development corporation act, is amended by
     3  adding a new section 32-a to read as follows:
     4    § 32-a. Special provisions relating to economic development  entities.
     5  (1)  For  the purposes of this section, an "economic development entity"
     6  shall mean any entity created by the  executive  branch,  including  the
     7  executive chamber of the governor and lieutenant governor, and any state
     8  agency  whose  function  includes  providing  advice, recommendations or
     9  determinations to or on behalf of the  executive  branch  or  any  state
    10  agency, as defined in paragraph (b) of subdivision one of section seven-
    11  ty-three-a of the public officers law, on the allocation or disbursement
    12  of state or federal monies or tax credits and/or benefits.
    13    (2)  (a)  The  provisions  of article seven of the public officers law
    14  applicable to public bodies shall apply to an economic development enti-
    15  ty.
    16    (b) The provisions of article six of the public officers law  applica-
    17  ble to agencies shall apply to an economic development entity.  In addi-
    18  tion to the requirements of subdivision three of section eighty-seven of
    19  the  public  officers law, an economic development entity shall maintain
    20  and make available  for  public  inspection  and  copying  any  and  all
    21  proposals  submitted  to  it  through a centralized application process,
    22  including the consolidated funding applications process, except that  an
    23  economic  development  entity  may  redact  or  withhold  portions  of a
    24  proposal if such portion would be exempt  from  disclosure  pursuant  to
    25  article six of the public officers law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01013-01-1

        A. 6687                             2
 
     1    (c)  For the purpose of section seventy-three-a of the public officers
     2  law, any member of an economic development  entity  shall  be  deemed  a
     3  state  officer  or employee and shall be deemed a policy maker and shall
     4  file an annual statement of financial disclosure set forth  in  subdivi-
     5  sion three of section seventy-three-a of the public officers law.
     6    (d)  The provisions of section seventy-four of the public officers law
     7  applicable to an officer or employee of a state agency  shall  apply  to
     8  any member of an economic development entity.
     9    §  2.  This act shall take effect immediately; provided, however, that
    10  those incumbents who have not filed a disclosure form for  the  calendar
    11  year  2020 shall have thirty days from the effective date of this act to
    12  file such form with the joint commission on public ethics.
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