Bill Text: NY A09864 | 2011-2012 | General Assembly | Introduced

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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 members hold official or legal positions.

Spectrum: Slight Partisan Bill (Republican 14-7)

Status: (Introduced - Dead) 2012-04-18 - referred to governmental operations [A09864 Detail]

Download: New_York-2011-A09864-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9864
                                 I N  A S S E M B L Y
                                    April 18, 2012
                                      ___________
       Introduced  by  M.  of  A. GALEF, PAULIN, SCHIMMINGER, GUNTHER, CALHOUN,
         CASTELLI, CORWIN, CROUCH, FINCH, GIGLIO, J. MILLER,  SAYWARD,  TEDISCO
         --  Multi-Sponsored  by  -- M.   of A. CONTE, DUPREY, GABRYSZAK, KATZ,
         KOLB, P. LOPEZ, MAGEE, THIELE -- read once and referred to the Commit-
         tee 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 or members hold official 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 chapter 14 of the laws of 2007, is renumbered subdivision  19
    3  and amended and a new subdivision 18 is added to read as follows:
    4    18.  NO  STATEWIDE ELECTED OFFICIAL OR MEMBER OF THE LEGISLATURE SHALL
    5  OBTAIN ANY FUNDING THROUGH STATE GRANTS OR MEMBER ITEMS, AND SUBSEQUENT-
    6  LY PROVIDE SUCH FUNDS TO ANY CORPORATION, PARTNERSHIP, LIMITED LIABILITY
    7  CORPORATION, OTHER BUSINESS ENTITY OR  NOT-FOR-PROFIT  ENTITY  IN  WHICH
    8  SUCH OFFICIAL OR MEMBER HOLDS AN OFFICIAL OR LEGAL POSITION.
    9    19.  In  addition  to  any penalty contained in any other provision of
   10  law, any person who knowingly and intentionally violates the  provisions
   11  of  subdivisions  two  through  five,  seven,  eight, twelve or fourteen
   12  through [seventeen] EIGHTEEN of this section shall be subject to a civil
   13  penalty in an amount not to exceed forty thousand dollars and the  value
   14  of  any  gift,  compensation or benefit received in connection with such
   15  violation.  Assessment of a civil penalty hereunder shall be made by the
   16  state oversight body with jurisdiction over such person. A  state  over-
   17  sight  body acting pursuant to its jurisdiction, may, in lieu of a civil
   18  penalty, with respect to a violation of subdivisions two  through  five,
   19  seven  or  eight of this section, refer a violation of any such subdivi-
   20  sion to  the  appropriate  prosecutor  and  upon  such  conviction  such
   21  violation shall be punishable as a class A misdemeanor.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04626-02-1