Bill Text: NY S00097 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits elected officials and persons in a leadership position of a party committee from receiving compensation for legal fees, consulting, or other work performed for an industrial development agency or an economic assistance corporation.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO ETHICS AND INTERNAL GOVERNANCE [S00097 Detail]

Download: New_York-2019-S00097-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          97--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by Sens. KAMINSKY, BROOKS, HOYLMAN, KRUEGER -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Finance -- committee discharged and said bill committed to the Commit-
          tee on Ethics and Internal Governance --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the public officers law and the public authorities  law,
          in relation to prohibiting certain persons from receiving compensation
          for  legal fees, consulting, or other work performed for an industrial
          development agency or an economic assistance corporation
          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 to read as follows:
     4    18.  No statewide elected official, state officer or employee,  member
     5  of  the legislature, legislative employee or political party chairman or
     6  firm or association of which such person is a  member,  or  corporation,
     7  ten  per  centum  or  more  of the stock of which is owned or controlled
     8  directly or indirectly by such person, shall  receive  compensation  for
     9  legal  fees,  consulting,  or  any  other  contractual  expenditure  for
    10  services, whether actually performed or  not,  from  a  state  or  local
    11  authority as defined in section two of the public authorities law.
    12    19.  In  addition  to  any penalty contained in any other provision of
    13  law, any person who knowingly and intentionally violates the  provisions
    14  of subdivisions two through five, seven, seven-a, eight, twelve or four-
    15  teen  through [seventeen] eighteen of this section shall be subject to a
    16  civil penalty in an amount not to exceed forty thousand dollars and  the
    17  value  of  any gift, compensation or benefit received in connection with
    18  such violation. Assessment of a civil penalty hereunder shall be made by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03420-02-9
        S. 97--A                            2
     1  the state oversight body with jurisdiction over  such  person.  A  state
     2  oversight  body  acting  pursuant to its jurisdiction, may, in lieu of a
     3  civil penalty, with respect to a violation of subdivisions  two  through
     4  five,  seven  or  eight  of  this section, refer a violation of any such
     5  subdivision to the appropriate prosecutor and upon such conviction  such
     6  violation shall be punishable as a class A misdemeanor.
     7    §  2.  Subdivision 1 of section 2825 of the public authorities law, as
     8  amended by chapter 766 of the laws  of  2005,  is  amended  to  read  as
     9  follows:
    10    1.  No  public officer or employee shall be ineligible for appointment
    11  as a trustee or member of the governing body of a state or local author-
    12  ity, as defined in section two of this chapter, and any  public  officer
    13  or  employee  may  accept  such appointment and serve as such trustee or
    14  member without forfeiture of any other  public  office  or  position  of
    15  public  employment  by reason thereof.  Provided, additionally no state-
    16  wide elected official, state officer or employee, member of the legisla-
    17  ture, legislative employee or political party chairman or firm or  asso-
    18  ciation of which such person is a member, or corporation, ten per centum
    19  or  more  of the stock of which is owned or controlled directly or indi-
    20  rectly by such  person,  shall  receive  compensation  for  legal  fees,
    21  consulting,  or  any other contractual expenditure for services, whether
    22  actually performed or not, from a state or local authority.
    23    § 3. This act shall take effect immediately.