Bill Text: NY A07081 | 2023-2024 | General Assembly | Amended
Bill Title: Requires the central New York regional market authority to work with the department of agriculture and markets to assure proper development of agriculture and regional market facilities, in the Central New York Regional Market district; requires such authority to furnish an annual real estate report detailing all real estate holdings and detailed property information, including but not limited to the tenants, important lease terms, rents, durations of leases, as well as copies of each lease; authorizes the state comptroller to examine the accounts and books of the authority; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-21 - print number 7081a [A07081 Detail]
Download: New_York-2023-A07081-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7081--A 2023-2024 Regular Sessions IN ASSEMBLY May 10, 2023 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Corporations, Authorities and Commissions -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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] nineteen voting members, as follows: The commissioner of 6 agriculture and markets or the commissioner's representative [shall be a7member 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 mayor of the city of Syracuse, one; the common council of the 12 city of Syracuse, one; the assembly member from the assembly district 13 where the primary offices and facilities of the market reside, one; the 14 state senator from the senate district where the primary offices and 15 facilities of the market reside, one; the chief of police of the city of 16 Syracuse, one; and the fire chief of the city of Syracuse, one. One 17 member from each of the above-named counties may be either a producer or 18 non-producer of agricultural products; the other members named by the 19 board of supervisors of the counties in the district entitled to addi- 20 tional directors shall be persons engaged in farming and deriving a 21 greater part of their income therefrom, and all such appointments made EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02491-06-4A. 7081--A 2 1 after May first, nineteen hundred forty-four, shall be producers who 2 actually sell all or part of their produce on the Central New York 3 Regional Market. 4 Each member shall continue as a member during the pleasure of the body 5 appointing [him or her] such member, and upon a vacancy occurring by the 6 filing with the secretary of the authority of a duly certified copy of 7 the resolution signifying that an appointment has been terminated, or 8 upon resignation of a member, or a vacancy occurring in any other 9 manner, it shall be filled in a manner corresponding to the original 10 appointment. Each member shall, before entering upon the duties of 11 office, take the constitutional oath of office and file the same in the 12 office of the secretary of state. One more than one half of the duly 13 qualified members shall constitute a quorum for the transaction of busi- 14 ness and [the concurrence of one more than one half of the duly quali-15fied members at a meeting] shall be necessary to the validity of any 16 resolution, order or, determination. Any member may be removed by the 17 governor for inefficiency, neglect of duty or misconduct in office, 18 after a hearing upon charges and an opportunity to be heard in person or 19 by counsel upon not less than ten days' notice. The members shall not 20 receive a salary or other compensation, but shall be paid actual 21 expenses incurred in attending meetings of the board and in performing 22 committee work assigned to them by the board. Expenses for travel shall 23 not exceed the per mile rate allowed state employees for use of personal 24 cars. Expenses of a special or extraordinary nature may be allowed by 25 resolution of the board. 26 § 2. Section 826 of the public authorities law, as amended by chapter 27 420 of the laws of 1951, is amended to read as follows: 28 § 826. Central New York Regional Market Authority. 1. There is hereby 29 created and established a district to be known as the "central New York 30 regional market district," hereinafter in this title referred to as "the 31 district," which shall embrace all the territory included within the 32 following named counties: Cayuga, Cortland, Madison, Oneida, Onondaga, 33 Oswego, that territory in Wayne county lying east of the new pre-emption 34 line. For the accomplishment of the purposes hereinafter indicated rela- 35 tive to that district there is hereby created and established a public 36 benefit corporation, to be known as "Central New York Regional Market 37 Authority," hereinafter in this title referred to as "the authority." 38 Such authority shall have perpetual existence and the power to acquire 39 by the exercise of the right of eminent domain or otherwise such real 40 estate within the district and other property as may be necessary, to 41 sue and be sued, to incur debts, liabilities and obligations, to issue 42 bonds and other evidences of indebtedness, to have a seal, and to exer- 43 cise all powers authorized by this title and reasonably necessary for 44 accomplishing its purposes, subject to the provisions herein contained 45 and the constitution and laws of the United States and of New York 46 state. Such powers shall be exercised in the name of the "Central New 47 York Regional Market Authority." 48 2. In fulfilling the authority's mission, the board shall work cooper- 49 atively and in consultation with the department of agriculture and 50 markets to ensure the proper development of agriculture and regional 51 market facilities, in the central New York regional market district. The 52 board and the department of agriculture and markets, hereinafter in this 53 title referred to as "the department," shall jointly develop a plan for 54 the future development and viability of agriculture and regional market 55 facilities in the district. Such plan shall include both short-term and 56 long-term goals and objectives as well as actual and projected revenuesA. 7081--A 3 1 and expenditures. Such plan shall annually allocate no less than seven- 2 ty-five percent of the authority's available funds for the creation, 3 development, and enhancement of agriculture and regional market facili- 4 ties, in the district. For purposes of this subdivision, available funds 5 shall mean the net amount available after contractually obligated 6 expenditures are subtracted from, but not be limited to, cash, cash 7 equivalents, certificates of deposit, and other receivables available. 8 The board and department shall meet annually prior to the close of the 9 authority's fiscal year to evaluate the effectiveness of the use of 10 funds for that fiscal year, review the goals and objectives of the plan, 11 and properly prepare for the allocation and use of such funds for the 12 next fiscal year. The plan shall be updated annually to make appropriate 13 modifications to such plan for the next fiscal year. Prior to any such 14 funds being expended, both the board and the department must approve 15 such plan, its goals and objectives as well as the projected revenues 16 and proposed allocations. 17 3. The authority shall furnish an annual real estate report detailing 18 all real estate holdings and detailed property information, including 19 but not limited to the tenants, important lease terms, rents, durations 20 of leases, as well as copies of each lease. Notwithstanding any other 21 provision of law to the contrary, the authority shall furnish all 22 required reports, audits, and reviews, including the annual real estate 23 report, to all parties enumerated in paragraph (a) of subdivision one of 24 section twenty-eight hundred of this chapter, to the department of agri- 25 culture and markets, as well as publish such report on its website with- 26 in ninety days after the end of its fiscal year. 27 § 3. The public authorities law is amended by adding two new sections 28 842 and 843 to read as follows: 29 § 842. Moneys of the authority. The state comptroller or such comp- 30 troller's legally authorized representatives are hereby authorized and 31 empowered from time to time to examine the accounts and books of the 32 authority, including its receipts, disbursements, contracts, sinking 33 funds, reserve funds, investments and any other matters relating to its 34 financial standing. 35 § 843. Code of ethics. 1. As used in this section, the term "authori- 36 ty employee" shall mean any board member, member, officer or employee of 37 the authority. 38 2. The authority shall make available their code of ethics on their 39 website, which is applicable to all authority employees. 40 3. No authority employee shall have any interest, financial or other- 41 wise, direct or indirect, or engage in any business or transaction or 42 professional activity or incur any obligation of any nature, which is in 43 substantial conflict with the proper discharge of such employee's duties 44 in the public interest. 45 4. (a) No authority employee shall accept other employment which will 46 impair such employee's independence of judgment in the exercise of any 47 official duties. 48 (b) No authority employee shall accept employment or engage in any 49 business or professional activity which will require the employee to 50 disclose confidential information which such employee has gained by 51 reason of official position or authority. 52 (c) No authority employee shall disclose confidential information 53 acquired by the employee in the course of official duties nor use such 54 information to further personal interests.A. 7081--A 4 1 (d) No authority employee shall use or attempt to use an official 2 position to secure unwarranted privileges or exemptions for such employ- 3 ee or others. 4 (e) No authority employee shall engage in any transaction as represen- 5 tative or agent of the authority with any business entity in which such 6 employee has a direct or indirect financial interest that might reason- 7 ably tend to conflict with the proper discharge of official duties. 8 (f) An authority employee shall not by conduct give reasonable basis 9 for the impression that any person can improperly influence such employ- 10 ee or unduly enjoy favor in the performance of official duties, or that 11 such employee is affected by the kinship, rank, position or influence of 12 any party or person. 13 (g) An authority employee shall abstain from making personal invest- 14 ments in enterprises which such employee has reason to believe may be 15 directly involved in decisions to be made by the employee or which will 16 otherwise create substantial conflict between duty in the public inter- 17 est and such employee's private interest. 18 (h) An authority employee shall endeavor to pursue a course of conduct 19 which will not raise suspicion among the public that such employee is 20 likely to be engaged in acts that are in violation of trust. 21 (i) No authority employee employed on a full-time basis nor any firm 22 or association of which such an employee is a member nor authority, a 23 substantial portion of the stock of which is owned or controlled direct- 24 ly or indirectly by such employee, shall sell goods or services to any 25 person, firm, authority or association which is licensed or whose rates 26 are fixed by the authority in which such employee serves or is employed. 27 (j) If any authority employee shall have a financial interest, direct 28 or indirect, having a value of ten thousand dollars or more in any 29 activity which is subject to the jurisdiction of a regulatory agency, he 30 or she shall file with the secretary of state a written statement that 31 he or she has such a financial interest in such activity which statement 32 shall be open to public inspection. 33 5. In addition to any penalty contained in any other provision of law 34 any such authority employee who shall knowingly and intentionally 35 violate any of the provisions of this section may be fined, suspended or 36 removed from office or employment. 37 6. The provisions of section seventy-three of the public officers law 38 shall be applicable to all board members and employees of the authority. 39 § 4. This act shall take effect immediately.
