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) 2024-06-03 - substituted by s7598b [A07081 Detail]
Download: New_York-2023-A07081-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7081--B 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 -- 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 committee 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 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 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. LBD02491-10-4A. 7081--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-14fied 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-A. 7081--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.A. 7081--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.