Bill Text: NY S07264 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits a person currently employed by the governor in the executive chamber or employed as a lobbyist from being appointed to a position that requires approval of the senate.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07264 Detail]
Download: New_York-2021-S07264-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7264 2021-2022 Regular Sessions IN SENATE June 28, 2021 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public officers law, the public authorities law, the general municipal law and the New York state urban development corpo- ration act, in relation to prohibiting a person employed by the gover- nor in the executive chamber or employed as a lobbyist from being appointed to a position that requires approval of the senate The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3 of the public officers law is amended by adding a 2 new subdivision 1-b to read as follows: 3 1-b. No person who is serving as a state officer or employee in the 4 executive chamber of the governor, or person who is a lobbyist regis- 5 tered under a state or local law, or person registered as a lobbyist 6 pursuant to article one-A of the legislative law, shall within the peri- 7 od of such service or employment be appointed by the governor to any 8 board, agency or capacity that would require such nomination to be 9 approved by the senate. 10 § 2. Subdivision 1 and the opening paragraph of subdivision 2 of 11 section 2825 of the public authorities law, subdivision 1 as amended by 12 chapter 766 of the laws of 2005 and the opening paragraph of subdivision 13 2 as amended by chapter 174 of the laws of 2010, are amended to read as 14 follows: 15 1. No public officer or employee shall be ineligible for appointment 16 as a trustee or member of the governing body of a state or local author- 17 ity, as defined in section two of this chapter, and any public officer 18 or employee may accept such appointment and serve as such trustee or 19 member without forfeiture of any other public office or position of 20 public employment by reason thereof, provided, however, that a public 21 officer or employee serving in the executive chamber of the governor 22 shall be ineligible for any such appointment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11798-03-1S. 7264 2 1 Except for members who serve as members by virtue of holding a civil 2 office of the state, [the majority of] the remaining members of the 3 governing body of every state or local authority shall be independent 4 members; provided, however, that this provision shall apply to appoint- 5 ments made on or after the effective date of chapter seven hundred 6 sixty-six of the laws of two thousand five which added this subdivision. 7 The official or officials having the authority to appoint or remove such 8 remaining members shall take such actions as may be necessary to satisfy 9 this requirement and further, shall consider the prospective diversity 10 of the members of a state authority when making their determinations to 11 appoint any member. For the purposes of this section, an independent 12 member is one who: 13 § 3. Paragraph (a) of subdivision 1 and subdivisions 2 and 4 of 14 section 856 of the general municipal law, paragraph (a) of subdivision 1 15 and subdivision 4 as added by chapter 1030 of the laws of 1969 and 16 subdivision 2 as amended by chapter 356 of the laws of 1993, are amended 17 and a new subdivision 5 is added to read as follows: 18 (a) Upon the establishment of an industrial development agency by 19 special act of the legislature, the governing body of the municipality 20 for whose benefit such agency is established shall file within six 21 months after the effective date of the special act of the legislature 22 establishing such agency or before the first day of July, nineteen 23 hundred sixty-nine, whichever date shall be later, in the office of the 24 secretary of state, a certificate setting forth: (1) the date of passage 25 of the special act establishing the agency; (2) the name of the agency; 26 (3) the names of the members and their terms of office, specifying which 27 member is the [chairman] chairperson; and (4) facts establishing the 28 need for the establishment of an agency in such municipality. 29 2. An agency shall be a corporate governmental agency, constituting a 30 public benefit corporation. Except as otherwise provided by special act 31 of the legislature, an agency shall consist of not less than three nor 32 more than seven members who shall be appointed by the governing body of 33 each municipality and who shall serve at the pleasure of the appointing 34 authority. Such members may include representatives of local government, 35 school boards, organized labor and business. A member shall continue to 36 hold office until his or her successor is appointed and has qualified. 37 The governing body of each municipality shall designate the first 38 [chairman] chairperson and file with the secretary of state a certif- 39 icate of appointment or reappointment of any member. Such members shall 40 receive no compensation for their services but shall be entitled to the 41 necessary expenses, including traveling expenses, incurred in the 42 discharge of their duties. 43 4. Any one or more of the members of an agency may be an official or 44 an employee of the municipality. In the event that an official or an 45 employee of the municipality shall be appointed as a member of the agen- 46 cy, acceptance or retention of such appointment shall not be deemed a 47 forfeiture of his or her municipal office or employment, or incompatible 48 therewith or affect his or her tenure or compensation in any way. The 49 term of office of a member of an agency who is an official or an employ- 50 ee of the municipality when appointed as a member thereof by special act 51 of the legislature creating the industrial development agency shall 52 terminate at the expiration of the term of his or her municipal office. 53 5. No person who is serving as a public officer or employee in the 54 executive chamber of the governor, or person who is a lobbyist regis- 55 tered under a state or local law, or a person registered as a lobbyist 56 pursuant to article one-A of the legislative law, shall within the peri-S. 7264 3 1 od of such service or employment be appointed to serve on any industrial 2 development agency. 3 § 4. Subdivision 1 of section 4 of section 1 of chapter 174 of the 4 laws of 1968, constituting the New York state urban development corpo- 5 ration act, as amended by chapter 280 of the laws of 1984 and as further 6 amended by section 104 of part A of chapter 62 of the laws of 2011, is 7 amended to read as follows: 8 (1) There is hereby created the New York state urban development 9 corporation. The corporation shall be a corporate governmental agency of 10 the state, constituting a political subdivision and public benefit 11 corporation. Its membership shall consist of nine directors as follows: 12 the superintendent of financial services, the [chairman] chairperson of 13 the New York state science and technology foundation, and seven direc- 14 tors to be appointed by the governor with the advice and consent of the 15 senate. No public officer or employee serving in the executive chamber 16 of the governor shall be eligible for such appointment within the period 17 of their service. From the seven directors appointed by [him,] the 18 governor, he or she shall designate the [chairman] chairperson of the 19 corporation and two others who shall all serve at the pleasure of the 20 governor. Of the four remaining directors, one of such directors first 21 appointed by the governor after the effective date of this subdivision 22 as amended shall serve for a term ending January first next succeeding 23 his or her appointment, one of such directors shall serve for a term 24 ending one year from such date, one of such directors shall serve for a 25 term ending two years from such date, and one of such directors shall 26 serve for a term ending three years from such date. Their successors 27 shall serve for terms of four years each. Directors shall continue in 28 office until their successors have been appointed and qualified. In the 29 event of a vacancy occurring in the office of a director by death, 30 resignation or otherwise, the governor shall appoint a successor with 31 the advice and consent of the senate to serve for the balance of the 32 unexpired term. The governor shall appoint the president of the corpo- 33 ration, with the advice and consent of the senate, who shall be the 34 chief executive officer of the corporation and who shall serve at the 35 pleasure of the governor. Such president may be one of the directors 36 appointed by the governor. 37 § 5. This act shall take effect immediately.
