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A09548 Summary:

BILL NOA09548
 
SAME ASSAME AS S01883
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Add 32-a, UDC Act
 
Relates to obligations of members of economic development entities.
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A09548 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9548
 
SPONSOR: Solages
  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:: To increase transparency of the Regional Economic Development Councils that provide advice or recommendations on the allocation or disbursement of state or federal monies and ensure that members of such councils do not have conflicts of interest related to such advice.   SUMMARY:: 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 Section 2. Sets the effective date.   JUSTIFICATION: Public Officers Law section 73-a governs financial disclosure rules for various state officers and employees. Articles 6 and 7 of the public officers 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, REDC has been empowered to help direct more than $5.4 billion of state monies 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 state- ments; 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 would provide much needed increased transparency of the REDCs by ensuring its members file financial disclosures 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.   RACIAL JUSTICE IMPACT: TBD.   GENDER JUSTICE IMPACT: TBD.   LEGISLATIVE HISTORY:: 2018- A10849, Referred to Economic Development 2020- A1597, Referred to Economic Development 2021-2022- A6687, Referred to Economic Development   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE:: This act shall take effect immediately.
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A09548 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9548
 
                   IN ASSEMBLY
 
                                     March 20, 2024
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- 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.
    26    (c) For the purpose of section seventy-three-a of the public  officers
    27  law,  any  member  of  an  economic development entity shall be deemed a
    28  state officer or employee and shall be deemed a policy maker  and  shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04635-01-3

        A. 9548                             2
 
     1  file  an  annual statement of financial disclosure set forth in subdivi-
     2  sion three of section seventy-three-a of the public officers law.
     3    (d)  The provisions of section seventy-four of the public officers law
     4  applicable to an officer or employee of a state agency  shall  apply  to
     5  any member of an economic development entity.
     6    §  2.  This act shall take effect immediately; provided, however, that
     7  those incumbents who have not filed a disclosure form for  the  calendar
     8  year  2022 shall have thirty days from the effective date of this act to
     9  file such form with the commission on ethics and lobbying in government.
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