Bill Text: NY A04634 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits members of the legislature from obtaining funding through state grants or member items and subsequently providing such funding to any business entities or not-for-profit entities in which such officials, members, domestic partners or certain relatives hold official or legal positions.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-02-04 - referred to governmental operations [A04634 Detail]

Download: New_York-2019-A04634-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4634
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of A. GALEF, PAULIN, SCHIMMINGER, GUNTHER, BUCHWALD,
          DINOWITZ, WOERNER, ORTIZ, JAFFEE, D'URSO, ZEBROWSKI, SEAWRIGHT, LUPAR-
          DO, RAIA, BYRNE, WALSH, CROUCH, FINCH, GIGLIO, FITZPATRICK, MONTESANO,
          DiPIETRO, BRABENEC, PALMESANO, FRIEND -- Multi-Sponsored by --  M.  of
          A.    BLANKENBUSH,  ENGLEBRIGHT,  EPSTEIN,  KOLB, LAWRENCE, McDONOUGH,
          SIMON, STEC, THIELE -- read once and  referred  to  the  Committee  on
          Governmental Operations
        AN  ACT  to  amend  the  public officers law, in relation to prohibiting
          members of the legislature from obtaining funding and  providing  such
          funds  to any business entity or not-for-profit entities in which such
          officials, members, domestic partners or certain relatives hold  offi-
          cial or legal positions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 18 of section 73 of the public officers law, as
     2  amended by section 5 of part CC of chapter 56 of the laws  of  2015,  is
     3  amended  and renumbered subdivision 19 and a new subdivision 18 is added
     4  to read as follows:
     5    18. No statewide elected official or member of the  legislature  shall
     6  obtain any funding through state grants or member items, and subsequent-
     7  ly provide such funds to any corporation, partnership, limited liability
     8  corporation,  other  business  entity  or not-for-profit entity in which
     9  such official, member or any relative by blood, marriage or adoption  of
    10  such  official  or  member,  domestic partner or a person working in the
    11  employ of such member holds an official or legal position, including but
    12  not limited to working on an unpaid, volunteer basis.
    13    19. In addition to any penalty contained in  any  other  provision  of
    14  law,  any person who knowingly and intentionally violates the provisions
    15  of subdivisions two through five, seven, seven-a, eight, twelve or four-
    16  teen through [seventeen] eighteen of this section shall be subject to  a
    17  civil  penalty in an amount not to exceed forty thousand dollars and the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08241-01-9

        A. 4634                             2
     1  value of any gift, compensation or benefit received in  connection  with
     2  such violation. Assessment of a civil penalty hereunder shall be made by
     3  the  state  oversight  body  with jurisdiction over such person. A state
     4  oversight  body  acting  pursuant to its jurisdiction, may, in lieu of a
     5  civil penalty, with respect to a violation of subdivisions  two  through
     6  five,  seven  or  eight  of  this section, refer a violation of any such
     7  subdivision to the appropriate prosecutor and upon such conviction  such
     8  violation shall be punishable as a class A misdemeanor.
     9    § 2. This act shall take effect immediately.
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