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

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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--B
            Cal. No. 634

                               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 -- reported favorably from said committee, ordered  to  first  and
          second  report,  ordered  to  a  third  reading,  amended  and ordered
          reprinted, retaining its place in the order of third reading

        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 as
     6  defined in this section and section seventy-three-a of this article who:
     7  (i) owns or controls directly or indirectly ten per centum  or  more  of
     8  stock  in  a  corporation  or limited liability company; or (ii) owns or
     9  controls ten per centum or more of the capital, profits,  or  beneficial
    10  interest  in a partnership or firm, shall receive compensation for legal
    11  fees, consulting, or any other  contractual  expenditure  for  services,
    12  whether  actually  performed  or not, from a state or local authority as
    13  defined section two of the public authorities law.
    14    19. In addition to any penalty contained in  any  other  provision  of
    15  law,  any person who knowingly and intentionally violates the provisions
    16  of subdivisions two through five, seven, seven-a, eight, twelve or four-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03420-04-9
        S. 97--B                            2

     1  teen through [seventeen] eighteen of this section shall be subject to  a
     2  civil  penalty in an amount not to exceed forty thousand dollars and the
     3  value of any gift, compensation or benefit received in  connection  with
     4  such violation. Assessment of a civil penalty hereunder shall be made by
     5  the  state  oversight  body  with jurisdiction over such person. A state
     6  oversight body acting pursuant to its jurisdiction, may, in  lieu  of  a
     7  civil  penalty,  with respect to a violation of subdivisions two through
     8  five, seven or eight of this section, refer  a  violation  of  any  such
     9  subdivision  to the appropriate prosecutor and upon such conviction such
    10  violation shall be punishable as a class A misdemeanor.
    11    § 2. Subdivision 1 of section 2825 of the public authorities  law,  as
    12  amended  by  chapter  766  of  the  laws  of 2005, is amended to read as
    13  follows:
    14    1. No public officer or employee shall be ineligible  for  appointment
    15  as a trustee or member of the governing body of a state or local author-
    16  ity,  as  defined in section two of this chapter, and any public officer
    17  or employee may accept such appointment and serve  as  such  trustee  or
    18  member  without  forfeiture  of  any  other public office or position of
    19  public employment by reason thereof.  Provided, additionally  no  state-
    20  wide elected official, state officer or employee, member of the legisla-
    21  ture,  legislative  employee  or  political party chairman as defined in
    22  sections seventy-three and seventy-three-a of the  public  officers  law
    23  who:  (i) owns or controls directly or indirectly ten per centum or more
    24  of stock in a corporation or limited liability company; or (ii) owns  or
    25  controls  ten  per centum or more of the capital, profits, or beneficial
    26  interest in a partnership or firm, shall receive compensation for  legal
    27  fees,  consulting,  or  any  other contractual expenditure for services,
    28  whether actually performed or not, from a state or local authority.
    29    § 3. This act shall take effect immediately.