Bill Text: NY A03018 | 2019-2020 | General Assembly | Introduced

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 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A03018 Detail]

Download: New_York-2019-A03018-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3018
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Governmental Operations
        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. (a) No person who holds any public office or is an  officer  in  a
     5  party committee or firm or association of which such person is a member,
     6  or corporation, ten per centum or more of the stock of which is owned or
     7  controlled  directly or indirectly by such person, shall receive compen-
     8  sation for legal fees, consulting, or any other contractual  expenditure
     9  for  services,  whether actually performed or not, from a state or local
    10  authority as defined in section two of the public authorities law.
    11    (b) For the purposes of this subdivision, the term  "party  committee"
    12  shall have the same meaning as in section 2-100 of the election law.
    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
    18  value  of  any gift, compensation or benefit received in connection with
    19  such violation. Assessment of a civil penalty hereunder shall be made by
    20  the state oversight body with jurisdiction over  such  person.  A  state
    21  oversight  body  acting  pursuant to its jurisdiction, may, in lieu of a
    22  civil penalty, with respect to a violation of subdivisions  two  through
    23  five,  seven  or  eight  of  this section, refer a violation of any such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03420-01-9
        A. 3018                             2
     1  subdivision to the appropriate prosecutor and upon such conviction  such
     2  violation shall be punishable as a class A misdemeanor.
     3    §  2.  Subdivision 1 of section 2825 of the public authorities law, as
     4  amended by chapter 766 of the laws  of  2005,  is  amended  to  read  as
     5  follows:
     6    1.  No  public officer or employee shall be ineligible for appointment
     7  as a trustee or member of the governing body of a state or local author-
     8  ity, as defined in section two of this chapter, and any  public  officer
     9  or  employee  may  accept  such appointment and serve as such trustee or
    10  member without forfeiture of any other  public  office  or  position  of
    11  public  employment  by reason thereof. Provided, additionally, no person
    12  who holds any public office or is an officer in a  party  committee,  or
    13  firm  or  association  of which such person is a member, or corporation,
    14  ten per centum or more of the stock which is owned or controlled direct-
    15  ly or indirectly by such person, shall receive  compensation  for  legal
    16  fees,  consulting,  or  any  other contractual expenditure for services,
    17  whether actually performed or not, from a state or local authority.  For
    18  the  purposes of this subdivision, the term "party committee" shall have
    19  the same meaning as in section 2-100 of the election law.
    20    § 3. This act shall take effect immediately.