Bill Text: NY A08200 | 2021-2022 | General Assembly | Introduced

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

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Bill Title: Prohibits individuals in certain positions from taking any position with a business or entity doing business with an agency or industrial development authority.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2022-06-01 - substituted by s7445b [A08200 Detail]

Download: New_York-2021-A08200-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8200

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     August 25, 2021
                                       ___________

        Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
          tee on Local Governments

        AN  ACT  to amend the general municipal law and the public officers law,
          in relation to  prohibiting  individuals  in  certain  positions  from
          taking  any  position with a business or entity doing business with an
          industrial development authority

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  883  of the general municipal law, as amended by
     2  section 7 of part J of chapter 59 of the laws of  2013,  is  amended  to
     3  read as follows:
     4    §  883. Conflicts of interest. 1. All members, officers, and employees
     5  of an agency or industrial development  authority  established  by  this
     6  chapter or created by the public authorities law shall be subject to the
     7  provisions of article eighteen of this chapter.
     8    2.  No  member,  officer, trustee, employee or independent contractor,
     9  including any attorney, of an industrial  development  authority  estab-
    10  lished  by this chapter shall take any position, whether paid or unpaid,
    11  with any business or entity doing business with such industrial develop-
    12  ment authority or any business or entity applying for any tax  exemption
    13  or benefit determined or granted by such industrial development authori-
    14  ty  or  receiving  any tax exemption or benefit determined or granted by
    15  such industrial development authority while such member, officer,  trus-
    16  tee,  employee  or independent contractor of such industrial development
    17  authority is employed or under contract with such industrial development
    18  authority or within a period of three years after the termination of the
    19  member, officer, trustee, employee or independent contractor's  position
    20  with such industrial development authority.
    21    3.  No statewide, county or local elected official or state, county or
    22  municipal officer or employee shall serve as a member, officer, trustee,
    23  employee or independent contractor of an industrial development authori-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11895-02-1
        A. 8200                             2

     1  ty established by this chapter nor shall any elected official or munici-
     2  pal, county or state officer or employee take any position, whether paid
     3  or unpaid, with any business or entity doing business with an industrial
     4  development  authority  or  any  business or entity applying for any tax
     5  exemption or benefit determined or granted by an industrial  development
     6  authority or receiving any tax exemption or benefit determined or grant-
     7  ed by an industrial development authority while such elected official or
     8  municipal, county or state officer or employee is serving or employed or
     9  within  a  period  of  three years after such termination of the elected
    10  official or municipal, county or state officer or employee or  independ-
    11  ent  contractor's  position  as  an elected official or state, county or
    12  municipal officer or employee.
    13    4. Any person who violates the provisions of subdivision two or  three
    14  of  this  section and is compensated or receives any benefit due to such
    15  violation shall pay restitution to the industrial development  authority
    16  for  which  such  person  held a position equal to the amount of compen-
    17  sation or benefit received by such  person.  In  addition,  such  person
    18  shall pay a civil penalty to such industrial development authority equal
    19  to  ten times the amount to be restituted to such industrial development
    20  authority. Such restitution and penalty shall  be  in  addition  to  any
    21  criminal liability or penalty.
    22    §  2. Section 73 of the public officers law is amended by adding a new
    23  subdivision 19 to read as follows:
    24    19. No person serving as a statewide elected official or state officer
    25  or employee shall serve as a member, officer, trustee, employee or inde-
    26  pendent contractor of an industrial development authority established by
    27  the general municipal law nor shall any statewide  elected  official  or
    28  state  officer  or  employee  take any position, whether paid or unpaid,
    29  with any business or entity doing business with an  industrial  develop-
    30  ment  authority or any business or entity applying for any tax exemption
    31  or benefit determined or granted by an industrial development  authority
    32  or  receiving  any  tax exemption or benefit determined or granted by an
    33  industrial development authority while such statewide  elected  official
    34  or  state  officer or employee is serving or employed or within a period
    35  of three years after the termination of such service or employment.  Any
    36  person  who violates the provisions of this subdivision shall be subject
    37  to the penalties laid out in subdivision four of section  eight  hundred
    38  eighty-three of the general municipal law.
    39    §  3.  Paragraphs  c  and  d  of subdivision 1 of section 805-a of the
    40  general municipal law, as amended by chapter 813 of the  laws  of  1987,
    41  are amended and a new paragraph e is added to read as follows:
    42    c.  receive,  or  enter  into  any  agreement, express or implied, for
    43  compensation for services to be  rendered  in  relation  to  any  matter
    44  before any municipal agency of which he is an officer, member or employ-
    45  ee or of any municipal agency over which he has jurisdiction or to which
    46  he has the power to appoint any member, officer or employee; [or]
    47    d.  receive,  or  enter  into  any  agreement, express or implied, for
    48  compensation for services to be  rendered  in  relation  to  any  matter
    49  before any agency of his municipality, whereby his compensation is to be
    50  dependent  or  contingent upon any action by such agency with respect to
    51  such matter, provided that this paragraph shall not prohibit the  fixing
    52  at  any  time  of  fees  based upon the reasonable value of the services
    53  rendered[.]; or
    54    e. serve as  a  member,  officer,  trustee,  employee  or  independent
    55  contractor  of  an  industrial development authority established by this
    56  chapter nor take any position, whether paid or unpaid, with any business
        A. 8200                             3

     1  or entity doing business with an industrial development authority or any
     2  business or entity applying for any tax exemption or benefit  determined
     3  or  granted  by an industrial development authority or receiving any tax
     4  exemption  or benefit determined or granted by an industrial development
     5  authority while  such  municipal  officer  or  employee  is  serving  or
     6  employed or within a period of three years after such termination of the
     7  municipal officer or employee's position.
     8    § 4. This act shall take effect immediately.