reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.135 - Executive order no. 135: establishing the new york state commission on public authority reform

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, public authorities have made valuable
					 contributions to New York State by financing, constructing and operating
					 capital improvements that benefit the public and by working with public and
					 private sector partners to spur economic development and meet public
					 needs;
WHEREAS, New Yorkers support the activities of public
					 authorities in areas such as transportation, education, economic development,
					 health care, energy, housing and the environment through rates, tolls, fares,
					 and user fees;
WHEREAS, building on sweeping reforms, innovations and
					 improvements that have been made since 1995 to enhance services for New Yorkers
					 and increase the effectiveness, accountability and openness of state government
					 and public authorities, I established the Public Authority Governance Advisory
					 Committee last year to work with the State's public authorities to improve
					 oversight, accountability and transparency;
WHEREAS, while the Public Authority Governance Advisory
					 Committee, chaired by renowned corporate governance expert Ira Millstein, has
					 made tremendous progress in working with the State's public authorities to
					 improve oversight and promote accountability and openness, more can be done in
					 this area; and
WHEREAS, while state law has established hundreds of public
					 authorities, there has been no systematic review by the State to determine
					 whether there is duplication or the unnecessary provision of services;
NOW, THEREFORE, I, George E. Pataki, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby order as follows:
I. DEFINITIONS
1. "Public authority" shall mean:
(a) any public authority, public benefit
				  corporation or commission created by or existing pursuant to the Public
				  Authorities Law;
(b) a public
				  authority or public benefit corporation, at least one of whose members is
				  appointed by the Governor or who serves as a member by virtue of holding a
				  civil office of the State;
(c) a
				  local industrial development agency or other local public benefit corporation;
				  or
(d) a subsidiary or affiliate of
				  such a public authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.138 - Executive Order No. 138: Declaring a Disaster in the Counties of Erie, Essex, Warren, Wyoming and Contiguous Areas. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on June 6, 2005, and continuing
					 thereafter, a single storm system accompanied by heavy rains, severe
					 thunderstorms, damaging winds and hail has caused flooding and resulted in
					 power outages, personal hardship, damage to residential and commercial
					 properties and the agricultural community, as well as the disruption of vital
					 public transportation and public safety systems in the Counties of Erie, Essex,
					 Warren, Wyoming and contiguous areas; and
WHEREAS, this event has resulted in power outages, personal
					 hardships, stranded motorists and travelers, and continues to pose a threat to
					 public health and safety;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, do hereby find that a disaster has occurred for which the affected
					 local governments are unable to respond adequately. Therefore, pursuant to the
					 authority vested in me by the Constitution of the State of New York and Section
					 28 of Article 2-B of the Executive Law, I hereby declare a State Disaster
					 Emergency effective June 16, 2005, within the territorial boundaries of the
					 Counties of Erie, Essex, Warren, Wyoming and contiguous areas; and
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize, effective June 16, 2005, and continuing, the State
					 Emergency Management Office, the Department of Health, the Department of
					 Transportation, the State Police, the Division of Military and Naval Affairs,
					 the Department of Environmental Conservation, the State Department of
					 Correctional Services, the Public Service Commission, the Office of Fire
					 Prevention and Control, the Department of Labor, the Office of Parks,
					 Recreation and Historic Preservation and other State agencies as necessary, to
					 take appropriate action to protect state property and to assist those affected
					 local governments and individuals in responding to and recovering from this
					 disaster, and to provide such other assistance as necessary to protect the
					 public health and safety.
FURTHER, I have designated James W. Tuffey, Director of the
					 State Emergency Management Office (SEMO) as the State Coordinating Officer for
					 this event.
Signed: George E. Pataki
Dated: June 16, 2005
Footnotes
* [Revoked by Executive Order
					 No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive Order No.
					 9 (David A. Paterson),
infra.
] [Revoked by Executive Order No.
					 2 (Andrew M. Cuomo),
infra.
]
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.139 - Executive Order No. 139: Declaring a Disaster in the County of Washington and Contiguous Areas. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on July 2, 2005, the failure of Hadlock
					 Dam, located at Hadlock Pond in the Town of Fort Ann, Washington County, has
					 caused flooding and resulted in personal hardship, damage to residential and
					 commercial properties and the agricultural community, as well as the disruption
					 of vital public transportation and public safety systems in the County of
					 Washington and contiguous areas, and;
WHEREAS, this event has resulted in personal hardships,
					 stranded motorists and travelers, and continues to pose a threat to the public
					 health and safety by causing significant damage to State Route 149, Hadlock
					 Pond Road and Joe Green Road;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, do hereby find that a disaster has occurred for which the affected
					 local governments are unable to respond adequately. Therefore, pursuant to the
					 authority vested in me by the Constitution of the State of New York and Section
					 28 of Article 2-B of the Executive Law, I hereby declare a State Disaster
					 Emergency effective July 3, 2005, within the territorial boundary of the County
					 of Washington and contiguous areas, and;
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize, effective July 3, 2005, and continuing, The State Emergency
					 Management Office, the Department of Health, the Department of Transportation,
					 the State Police, the Division of Military and Naval Affairs, the Department of
					 Environmental Conservation, the State Department of Correctional Services, the
					 Public Service Commission, the Office of Fire Prevention and Control, the
					 Department of Labor, the Office of Parks, Recreation and Historic Preservation
					 and other State agencies as necessary, to take appropriate action to protect
					 state property and to assist those affected local governments and individuals
					 in responding to and recovering from this disaster, and to provide such other
					 assistance as necessary to protect the public health and safety.
FURTHER, I have designated James W. Tuffey, Director of the
					 State Emergency Management Office (SEMO) as the State Coordinating Officer for
					 this event.
Signed: George E. Pataki
Dated: July 3, 2005
Footnotes
* [Revoked by Executive Order
					 No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive Order No.
					 9 (David A. Paterson),
infra.
] [Revoked by Executive Order No.
					 2 (Andrew M. Cuomo),
infra.
]
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.142 - Executive Order No. 142: Directing State Agencies and Authorities to Diversify Transportation Fuel and Hearing Oil Supplies Through the Use of Bio-Fuels in State Vehicles and Buildings. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, New York State agencies and authorities annually
					 consume over 48 million gallons of diesel fuel and 55 million gallons of
					 heating oil;
WHEREAS, less than 1% of the nation's proven oil reserves
					 and less than 0.03% of the world's proven oil reserves are located in New
					 York;
WHEREAS, New York imports the vast majority of its
					 transportation and heating fuels via extended supply chains that have proven
					 capable of interruption;
WHEREAS, the price of crude oil on worldwide markets has
					 experienced dramatic price fluctuations in recent months;
WHEREAS, New York's security and economy are threatened by
					 an over-reliance upon imported transportation and heating fuels;
WHEREAS, over 5% - or 400 million gallons - of New York's
					 gasoline requirements are already met through the use of ethanol;
WHEREAS, approximately 150 million gallons of annual
					 ethanol production capacity are currently planned or under construction in New
					 York State;
WHEREAS, the diesel fuel supply in New York remains
					 exclusively dependent upon imported petroleum products;
WHEREAS, methyl ester, commonly referred to as bio-diesel,
					 can be produced from New York State agricultural products, such as soybeans and
					 other crops, and can be utilized in standard diesel engines without
					 modification; and
WHEREAS, use of renewable fuels in New York would increase
					 demand for agricultural products grown in the State, improve revenue for the
					 State's farmers, provide investment and employment opportunities from the
					 production and distribution of bio-fuels, reduce emissions from diesel engines,
					 increase diversity of fuel supplies, and decrease reliance on foreign sources
					 of energy.
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York do hereby order as follows:
I. Definitions
A. "State Agency" shall mean any agency or
				  department over which the Governor has Executive authority.
B. "Public authority" shall mean any public
				  authority, the head of which is appointed by the Governor, or the majority of
				  the board members are appointed by the Governor.
C. "B100" shall mean bio-diesel in its pure
				  form.
D. "B20" shall mean a mixture
				  of 20% bio-diesel and 80% petroleum fuel.
E. "B5" shall mean a mixture of 5% bio-diesel
				  and 95% petroleum fuel.
F. "E100"
				  shall mean ethanol in its pure form.
G. "E10" shall mean a mixture of 10% ethanol
				  and 90% petroleum fuel.
H. "E85"
				  shall mean a mixture of 85% ethanol and 15% petroleum fuel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.3 - Executive order no. 3: promotion of public access to government decisionmaking

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is essential to the maintenance of a democratic
					 society that the public business be performed in an open and public manner;
					 and
WHEREAS, the citizens of this State be fully aware of and
					 able to observe the performances of public officials and attend and listen to
					 the deliberations and decisions that go into the making of public policy;
					 and
WHEREAS, the people must be able to remain informed if they
					 are to retain control over those who are their public servants; and
WHEREAS, the Open Meetings Law requires every meeting of a
					 public body shall be open to the general public; and
WHEREAS, the majority of New Yorkers are unable to attend
					 such meetings; and
WHEREAS, advances in technology allow for the broadcast of
					 meetings on the Internet through the use of webcasting;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 Laws of the State of New York, do hereby order as follows:
1. Definitions
"Agency" shall mean any state agency, department, office,
					 board, commission or other instrumentality of the State, other than a public
					 authority.
"Public authority" shall mean a public authority or public
					 benefit corporation created by or existing under any State law, at least one of
					 whose members is appointed by the Governor (including any subsidiaries of such
					 public authority or public benefit corporation), other than an interstate or
					 international authority or public benefit corporation.
2. Requirement to Broadcast Public Meetings
By March 1, 2007, every agency and public authority shall
					 submit to the Secretary to the Governor a plan that:
(a) identifies all meetings of such agency or
				  authority that are subject to the Open Meetings Law; and
(b) specifies a timetable for ensuring that
				  all such meetings are broadcast on the Internet. Such plan may identify
				  circumstances in which such webcasting is either impractical or inappropriate,
				  and may seek approval for exemption from the requirement for webcasting. Except
				  in those circumstances where an exemption is granted, all agency and authority
				  meetings that are subject to the Open Meetings Law shall be broadcast on the
				  Internet commencing no later than July 1, 2007. Every agency and public
				  authority shall submit a report to the Secretary to the Governor by December
				  31, 2007, setting forth the number of meetings webcast during the prior year,
				  together with a summary of any comments received from the public regarding the
				  webcasting, and any recommendations for changes or improvements to the program.
Signed: Eliot SpitzerDated: January 1,
					 2007
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.6 - Executive order no. 6: declaring a disaster in oswego county and contiguous areas

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on February 2, 2007, and continuing
					 thereafter, severe lake-effect snows have disrupted vital public
					 transportation, public health, and public safety systems in Oswego County and
					 contiguous areas; and
WHEREAS, this event has resulted in personal hardships,
					 hampered the movement of medical personnel, and stranded motorists and
					 travelers, and continues to pose a threat to public health and safety;
NOW, THEREFORE, I, ELIOT SPITZER, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, do hereby find that a disaster has occurred for which
					 the affected local governments are unable to respond adequately, and pursuant
					 to Section 28 of Article 2-B of the Executive Law, do hereby declare a State
					 Disaster Emergency within Oswego County and contiguous areas; and
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize all necessary State agencies to take appropriate action to
					 assist affected local governments and individuals in responding to and
					 recovering from this disaster, to protect state and local property, and to
					 provide such other assistance as is necessary to protect public health and
					 safety.
Signed: Eliot SpitzerDated: February 8, 2007
[FN*] [Revoked by Executive Order No. 9 (David A.
					 Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.7 - Executive order no. 7: continuation of prior executive orders

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, Executive Order No. 5, issued January 1, 2007
					 directed the continuation of certain Executive Orders and amendments thereto in
					 effect as of that date; and
WHEREAS, Executive Order No. 5 further directed that a
					 review of prior Executive Orders shall continue; and
WHEREAS, a further review has been completed of those
					 Executive Orders and amendments thereto that were in effect prior to January 1,
					 2007; and
WHEREAS, during the course of that review, it has been
					 determined that certain Executive Orders address ongoing issues and should be
					 continued; and
WHEREAS, it is important to identify for the public those
					 Executive Orders that remain in effect;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 laws of the State of New York, do hereby order that upon due consideration,
					 deliberation and review, the Executive Orders set forth below and any
					 amendments thereto shall be deemed to have been in full force and effect since
					 January 1, 2007, and shall remain in full force and effect until otherwise
					 revoked, superseded or modified; and
IT IS FURTHER ORDERED that a review of prior Executive
					 Orders shall continue to determine whether additional orders should be
					 continued, revoked, superseded or modified.
EXECUTIVE ORDERS BEING CONTINUED
A. Executive Orders of Governor Nelson A.
				  Rockefeller
Executive Order No. 42, issued October 14, 1970 (Relating
					 to Procedures for Submission and Settlement of Certain Grievances of State
					 Employees)
B. Executive
				  Orders of Governor Mario M. Cuomo
Executive Order No. 56, issued December 20, 1984
					 (Establishing the New York State Task Force on Life and the Law)
C. Executive Orders of Governor
				  George E. Pataki
Executive Order No. 43, issued September 23, 1996
					 (Directing the Establishment of a Pilot Project for Urban Search and Rescue in
					 the Capital Region)
Executive Order No. 134, issued January 5, 2005 (Directing
					 State Agencies to Reduce the Environmental Impact of Cleaning of State
					 Facilities)
Signed: Eliot SpitzerDated: February 12, 2007
[FN*] [Revoked by Executive Order No. 9 (David A.
					 Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.9 - Executive order no. 9: ordering the commissioner of the department of correctional services to bar certain offenders from participating in temporary release programs

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, temporary release programs provide an important
					 opportunity for inmates committed to state prison to transition back into their
					 home communities under supervision, and to assume responsibilities that will
					 facilitate their ability to lead law-abiding lives; and
WHEREAS, temporary release programs should be focused on
					 those inmates who are most likely to live and work within the local community
					 in a law-abiding manner; and
WHEREAS, the positive acceptance of temporary release
					 programs within the surrounding community is vital for the overall success of
					 such programs; and
WHEREAS, there are certain classes of inmates who have
					 committed crimes of particular violence, depravity or victimization, and who
					 are less likely to succeed in temporary release programs; and
WHEREAS, the temporary release of such inmates likely would
					 cause alarm and concern in the surrounding community, and thereby would
					 diminish the acceptance of temporary release programs generally; and
WHEREAS, Correction Law § 851(2) grants the Governor
					 the power to exclude or limit the participation of any class of otherwise
					 eligible inmates from participation in a temporary release program;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 Laws of the State of New York, do hereby order the Commissioner of the
					 Department of Correctional Services to promulgate, modify, adopt, or rescind
					 any rules, regulations, directives, policies or procedures as may be necessary
					 to prevent the future transfer of any inmate to any program of temporary
					 release, when the inmate is convicted of any of the following crimes, or is
					 convicted of an attempt or a conspiracy to commit any of the following
					 crimes:
(1) an act of terrorism as
				  defined in Article 490 of the Penal Law;
(2) a homicide offense as defined in Article
				  125 of the Penal Law;
(3) a sex
				  offense as defined in Article 130 of the Penal Law;
(4) an offense involving the sexual
				  performance of a child as defined in Article 263 of the Penal Law;
(5) incest as defined in Article 255 of the
				  Penal Law; or
(6) a violent felony
				  offense that includes as an element:
(i)
				  being armed with, the use of, the threatened use of, or the possession with the
				  intent to use unlawfully against another of, a deadly weapon or a dangerous
				  instrument; or
(ii) the infliction
				  of serious physical injury.
Signed: Eliot SpitzerDated: March 5, 2007
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.10 - Executive order no. 10: establishing the new york state commission on sentencing reform

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, criminal sentences should appropriately reflect
					 the seriousness of the offender's crime, and should meet the multiple
					 objectives of punishment, deterrence, rehabilitation, retribution, and
					 isolation; and
WHEREAS, an equitable system of criminal justice must
					 ensure that crimes of similar seriousness result in similar sanctions for
					 similarly situated offenders; and
WHEREAS, significant disparities in how similar crimes are
					 treated diminishes the public's trust and faith in our criminal justice system;
					 and
WHEREAS, the system of criminal sanctions in New York State
					 has grown increasingly complex; and
WHEREAS, a comprehensive review of New York's sentencing
					 structure will provide the State with crucial guidance to ensure the imposition
					 of appropriate and just criminal sanctions, and to make the most efficient use
					 of the correctional system and community resources;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 Laws of the State of New York, do hereby order as follows:
1. There is hereby established the New York
				  State Commission on Sentencing Reform ("Commission").
2. The Commission shall consist of eleven
				  members appointed by the Governor, including:
(a) the Commissioner of the Department of
				  Correctional Services, the Chairman of the Board of Parole, the Commissioner of
				  the Division of Criminal Justice Services and the Chair of the Crime Victims
				  Board, who shall serve ex officio;
(b) four members appointed on the
				  recommendation of the legislative leaders, one each by the Speaker of the
				  Assembly, the Temporary President of the Senate, the Minority Leader of the
				  Assembly, and the Minority Leader of the Senate; and
(c) three additional members appointed by the
				  Governor, including one judge or former judge with substantial experience
				  presiding over courts of criminal jurisdiction, one member of the bar with
				  significant experience in the prosecution of criminal actions, and one member
				  of the bar with significant experience representing defendants in criminal
				  actions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.13 - Executive order no. 13: establishing the new york state council on food policy

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, agriculture is a critically important industry to
					 the State of New York; and
WHEREAS, New York should take affirmative steps to support
					 its agricultural industry; and
WHEREAS, hunger in New York and elsewhere is a serious
					 problem facing many families; and
WHEREAS, access to affordable, fresh, nutritious food,
					 including fresh fruit and vegetables, especially for children, is a serious
					 problem facing many families; and
WHEREAS, there are significant environmental, health and
					 economic benefits to the State and its residents from expanding agricultural
					 production, including locally-grown and organically- grown food;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 laws of the State of New York, do hereby order as follows:
1. There is hereby created a New York State
				  Council on Food Policy.
2. The
				  Council shall consist of twenty-one members appointed by the Governor as
				  follows:
(a) the Commissioner of Agriculture
				  and Markets, the Commissioner of Health, the Commissioner of the Office of
				  Temporary Disability Assistance, the Commissioner of Education, the
				  Commissioner of the Department of Economic Development and the Director of the
				  Office for the Aging;
(b) four
				  members with experience and expertise related to agriculture, nutrition or food
				  policy appointed on the recommendation of the legislative leaders, one each by
				  the Temporary President of the Senate, the Speaker of the Assembly, the
				  Minority Leader of the Senate, and the Minority Leader of the Assembly;
(c) the Dean of the New York State
				  College of Agriculture and Life Sciences;
(d) one member representing farm
				  organizations;
(e) one member
				  representing school food administrators;
(f) one member representing consumers;
(g) two members representing an
				  organization that provides food assistance;
(h) one member representing anti-hunger
				  advocates;
(i) one member who is a
				  nutritionist; and (j) three members representing the food industry, including
				  producers, distributors, processors or retailers who are residents of and work
				  in the State of New York, at least one of whom produces organic food.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.15 - Executive order no. 15: establishing the new york state commission to modernize the regulation of financial services

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, New York is the financial capital of the world,
					 home to a thriving financial services market that serves as an engine for the
					 state economy; and
WHEREAS, the financial services sector generates by far the
					 largest revenues of any other market sector in New York, and employs hundreds
					 of thousands of employees throughout the state; and
WHEREAS, cutting edge technologies, creative solutions and
					 innovative strategies are essential for financial services companies to
					 successfully compete in the marketplace; and
WHEREAS, various financial services companies have alleged
					 that unnecessary, burdensome and inconsistent regulation by multiple state
					 regulators has stunted creativity and growth in many aspects of the financial
					 services sector in New York, resulting in higher business costs and lost
					 opportunities; and
WHEREAS, various consumer advocacy groups have alleged that
					 New York's regulation of financial services companies is outdated and does not
					 adequately protect consumers; and
WHEREAS, New York's economic outlook depends in large part
					 on whether it can attract and retain financial services companies and remain
					 the financial capital of the world; and
WHEREAS, global competition to attract and retain financial
					 services companies has never been greater; and
WHEREAS, in order to remain the global leader in the
					 sector, New York must adopt world class financial services regulations that
					 protect consumers, and promote growth and creativity in the industry;
					 and
WHEREAS, a comprehensive review of New York's financial
					 regulations is necessary to provide the state with critical information
					 essential to improve financial regulation in the state;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 Laws of the State of New York do hereby order as follows:
1. There is hereby established the New York
				  State Commission to Modernize the Regulation of Financial Services
				  ("Commission").
2. The Commission
				  shall consist of at least 15 members appointed by the Governor, including:
(a) the Superintendent of Insurance, the
				  Superintendent of Banks, the Secretary of State, the Chairperson of the
				  Consumer Protection Board, and the Attorney General;
(b) the Chairs of the Senate and Assembly
				  Insurance and Banking Committees; and
(c) at least six additional members appointed
				  by the Governor, including representatives of the insurance, banking and
				  securities industries, other business leaders and consumer groups. The
				  Superintendent of Insurance shall serve as the Chair of the
				  Commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.1 - Executive order no. 1: continuation and review of prior executive orders

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, an orderly transition is essential for the
					 effective administration of State government; and
WHEREAS, in order to help facilitate such transition, a
					 careful review of existing Executive Orders should be conducted to ensure their
					 continued effectiveness and desirability;
NOW, THEREFORE, I, David A. Paterson, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 laws of the State of New York, do hereby order as follows:
1. The Counsel to the Governor, in
				  conjunction with the Secretary to the Governor, the Director of the Budget and
				  the Director of State Operations (the "Review Committee"), shall review and
				  evaluate all Executive Orders and amendments heretofore issued and currently in
				  effect.
2. This review shall be
				  conducted within the next 90 days, and following such evaluation the Review
				  Committee shall make such recommendations as it deems appropriate for the
				  continuation, modification or revocation of all such Executive Orders and
				  amendments.
3. Every agency,
				  department, office, division and public authority of the State shall cooperate
				  with this review and shall furnish such information and assistance as shall be
				  requested by the Review Committee.
4. All Executive Orders and amendments
				  heretofore issued and currently in effect shall remain in full force and effect
				  until otherwise continued, modified or revoked.
Signed: David A. PatersonDated: March 20, 2008
[FN*] [Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.3 - Executive order no. 3: appointing a commissioner to study, examine, investigate and review the management and affairs of the waterfront commission of new york harbor

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the Waterfront Commission of New York Harbor
					 ("Waterfront Commission"), an instrumentality of the States of New York and New
					 Jersey, has stated that it is charged with the mission "to investigate, deter,
					 combat, and remedy criminal activity and influence in the Port of New York and
					 New Jersey," and to ensure "fair hiring and employment practices, so the Port
					 and region can grow and prosper"; and
WHEREAS, on October 15, 2007, Inspector General Kristine
					 Hamann was appointed as Commissioner, pursuant to section six  of the Executive
					 Law, to study, examine, investigate, review and make recommendations with
					 respect to the management and affairs of the Waterfront Commission of New York
					 Harbor;
NOW, THEREFORE, I, David A. Paterson, Governor of the State
					 of New York, by virtue of the power and authority vested in me by the
					 Constitution and laws of the State of New York, do hereby order as
					 follows:
1. Pursuant to section six  of
				  the Executive Law, I hereby appoint Dennis E. Martin, who is currently serving
				  as the Acting Inspector General of the State of New York, as Commissioner,
				  replacing Kristine Hamann, to study, examine, investigate, review and make
				  recommendations with respect to the management and affairs of the Waterfront
				  Commission of New York Harbor.
2.
				  The Commissioner is hereby empowered to subpoena and enforce the attendance of
				  witnesses; to administer oaths or affirmations and examine witnesses under
				  oath; to require the production of any books, records or papers deemed relevant
				  or material to any investigation, examination or review; and to perform any
				  other functions that are necessary or appropriate to fulfill the duties and
				  responsibilities of office, and I hereby give and grant to the Commissioner all
				  powers and authorities which may be given or granted to persons appointed by me
				  for such purpose under authority of section six  of the Executive Law. The
				  Commissioner may exercise any such powers in cooperation with any other body or
				  government agency. This order shall not in any way limit the powers or
				  responsibilities of the Inspector General's Office to inquire into these or any
				  other matters.
3. Every State
				  department, agency, office, division, board, bureau, council, authority and
				  public benefit corporation shall cooperate with the Commissioner and shall
				  furnish such information and assistance as the Commissioner determines is
				  reasonably necessary to fulfill his duties.
Signed: David A. PatersonDated: April 9, 2008
[FN*] [Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.4 - Executive order no. 4: establishing a state green procurement and agency sustainability program

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State of New York ("State") is dedicated to
					 the simultaneous pursuit of environmental quality, sound public health,
					 economic prosperity and social well-being; and
WHEREAS, the production, use and disposal of materials, and
					 the generation and use of energy, can have significant impacts on environmental
					 quality and public health; and
WHEREAS, State government is a major consumer of materials
					 and energy; and
WHEREAS, the State's policies include conserving, improving
					 and protecting natural resources and the environment; preventing water, air and
					 land pollution; and enhancing the health, safety and welfare of State residents
					 and their overall economic and social well-being; and
WHEREAS, it is the State's policy to promote cost effective
					 methods to reduce energy and resource consumption, and reduce or eliminate the
					 use of hazardous substances and the generation of hazardous substances,
					 pollution and waste at the source; and
WHEREAS, the State's solid waste management priorities
					 include reducing the generation of solid waste, reusing materials, and
					 recycling materials that cannot be reused; and
WHEREAS, by making sound choices in the course of their
					 daily activities, such as the commodities, services, and technology they
					 consume, and the amount of waste they generate, State agencies and public
					 authorities can minimize potential environmental and health impacts on workers
					 and the public; and
WHEREAS, the State's procurement of commodities, services
					 and technology can be enhanced through State agency and public authority
					 choices that minimize the potential environmental and health impacts of their
					 activities; and
WHEREAS, State government can be a leader in environmental
					 stewardship through the use of green procurement and sustainable management
					 practices.
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 laws of the State of New York, do hereby order as follows:
A. Definitions
1. "State agency" or "agency" shall mean any
				  State agency, department, office, board, commission or other instrumentality of
				  the State, other than a public authority.
2. "Public authority" or "authority" shall
				  mean a public authority or public benefit corporation created by or existing
				  under any State law, a majority of whose members is appointed by the Governor
				  (including any subsidiaries of such public authority or public benefit
				  corporation), other than an interstate or international authority or public
				  benefit corporation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.6 - Executive order no. 6: ensuring the cost-effectiveness of contracts for personal services

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State of New York has a talented and
					 experienced work force of public employees; and
WHEREAS, state agencies must nonetheless sometimes enter
					 into contracts with private entities to perform work on behalf of the State;
					 and
WHEREAS, agencies should enter into private contracts only
					 after consideration of whether state employees can practicably meet the same
					 need by providing services of the same or better quality for equivalent cost;
					 and
WHEREAS, the state should encourage transparency and
					 openness in contractual relationships between state agencies and private
					 parties, to allow for appropriate public scrutiny.
NOW, THEREFORE, I, David A. Paterson, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the laws of the State of New York, do hereby order as follows:
A. Definitions
1. "State agency" shall mean any state
				  agency, department, office, board, bureau, division, committee, council or
				  office.
2. "Qualified Personal
				  Services Contract" ("QPSC") shall mean any contract entered into by a state
				  agency with any private party pursuant to State Finance Law § 163, under
				  which:
(a) the agency believes that a
				  majority of the costs of the contract are attributable to compensation of the
				  contractor's personnel; and
(b)
				  the agency can reasonably anticipate it will incur costs for the compensation
				  of personnel of $1 million or more over any twelve-month period. QPSCs shall
				  include contracts whose primary purpose is evaluation, research and analysis,
				  data processing, computer programming, engineering, environmental assessment,
				  health and mental health services, accounting, auditing, or similar services. A
				  QPSC shall not include any contract for the provision of legal services or any
				  other services used in or in preparation for the conduct of litigation,
				  including any contract with any consultant or expert witness.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.7 - Executive order no. 7: prohibition against personal use of state property and campaign contributions to the governor

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, government employment is a privilege rather than a
					 right, and is based upon the trust and confidence placed in the State's workers
					 by the public; and
WHEREAS, all State employees and officers should be able to
					 pursue the interests of the public in an environment that is free from
					 political party influence or interference; and
WHEREAS, it is the obligation of every State employee and
					 officer to pursue a course of conduct that will not engender public concern as
					 to whether the individual is engaged in acts that may violate his or her public
					 trust; and
WHEREAS, all State employees therefore must act in a manner
					 consistent with that public trust, and must not take any actions that are
					 intended, or appear to be intended, to achieve personal gain or benefit;
					 and
WHEREAS, employees and officers of State agencies and
					 public authorities are subject to certain ethical statutes and rules, including
					 but not limited to the State Code of Ethics (Section 74  of the Public Officers
					 Law), and statutory restrictions on business and professional activities
					 (Section 73  of the Public Officers Law); and
WHEREAS, there are some areas where New York's existing
					 statutes governing ethical standards can and should be improved or
					 clarified;
NOW, THEREFORE, I, David A. Paterson, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the laws of the State of New York, do hereby order as follows:
A. Definitions
1. "Agency" shall mean any state agency,
				  department, office, board, commission or other instrumentality of the State,
				  other than a public authority.
2.
				  "Public authority" shall mean a public authority or public benefit corporation
				  created by or existing under any State law, at least one of whose members is
				  appointed by the Governor (including any subsidiaries of such public authority
				  or public benefit corporation), other than an interstate or international
				  authority or public benefit corporation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.10 - Executive order no. 10: establishing a task force to increase the utilization of minority and women-owned business enterprise underwriters for state debt offerings

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, in 1988 New York State enacted a law establishing
					 a comprehensive, statewide Minority and Women-Owned Business Enterprise
					 ("M/WBE") program; and
WHEREAS, that law mandated that public authorities consider
					 hiring M/WBE underwriters in section 136-b  of the State Finance Law;
WHEREAS, of the $22 billion of bonds the State has sold
					 since April 1, 2004, M/WBE firms have participated in the role of senior
					 manager or co-senior manager on only 4 percent of these transactions;
WHEREAS, Executive Order No. 8 issued on February 8, 2007,
					 established the M/WBE Executive Leadership Council and the MWBE Corporate
					 Roundtable to seek to improve participation of M/WBE businesses in the State's
					 procurement process;
WHEREAS, the State has an interest in increasing the pool
					 of qualified investment banking firms for State debt offerings;
WHEREAS, transparent performance metrics should govern the
					 selection of lead underwriters for State debt and will ensure all qualified
					 investment banks have an opportunity to fairly compete for the State's
					 underwriting business;
NOW, THEREFORE, I, David A. Paterson, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the laws of the State of New York, do hereby order as follows:
A. Definitions
1. "Public authority" or "authority" shall
				  mean a public authority or public benefit corporation created by or existing
				  under any State law, a majority of whose members are appointed by the Governor
				  (including any subsidiaries of such public authority or public benefit
				  corporation), other than an interstate or international authority or public
				  benefit corporation, that issues debt.
2. "State-supported debt issuer" shall mean
				  any public benefit corporation which issues debt on behalf of the State,
				  including but not limited to the Dormitory Authority of the State of New York,
				  the New York State Urban Development Corporation, the New York State Housing
				  Finance Agency, the Environmental Facilities Corporation and the New York State
				  Thruway Authority.
3. "Minority and
				  Women-Owned Business Enterprise" and "M/WBE" shall mean any investment bank
				  which is more than 50% by women, minorities or a combination thereof.