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A05491 Summary:

BILL NOA05491
 
SAME ASNo Same As
 
SPONSORLevenberg
 
COSPNSR
 
MLTSPNSR
 
Amd §73, Pub Off L
 
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 officials, members, domestic partners or certain relatives hold official or legal positions.
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A05491 Actions:

BILL NOA05491
 
03/13/2023referred to governmental operations
01/03/2024referred to governmental operations
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A05491 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5491
 
SPONSOR: Levenberg
  TITLE OF BILL: 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, members, domestic partners or certain relatives hold official or legal positions   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to prohibit members of the legisla- ture from obtaining funding and providing such funds to any business entity or not-for-profit entity in which such official, their family member or their staff hold official or legal positions.   SUMMARY OF PROVISIONS: Section 1. Subdivision 18 of section 73 of the Public Officers Law, as amended by section 5 of part CC of chapter 56 of the laws of 2015, is amended and renumbered subdivision 19 and a new subdivision 18 is added to read as follows: 18. No statewide elected official or member of the legislature shall obtain any funding through state grants or member items, and subsequently provide such funds to any corporation, partner- ship, limited liability corporation, other business entity or not-for- profit entity in which such official, member or any relative by blood, marriage or adoption of such official or member, domestic partner or a person working in the employ of such member holds an official or legal position, including but not limited to working on an unpaid, volunteer basis. Section 2. Establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This portion of this memorandum is not applicable at this time.   JUSTIFICATION: Members of the New York State Legislature are public servants who have been elected by voters to serve with integrity. Many execute their func- tions honorably, yet others have broken the law by using the power of their elected position to further their financial interests. Those who put personal gain above the public good corrode the public's trust in their elected officials, and the political process. The mounting public mistrust and cynicism damage the reputation and work of all elected officials, which is particularly unfair to those who have been upright and honest. New York statute only loosely provides ethical considerations related to conflicts-of-interest with family members through the Public Officers Law, Article 4 § 74, whereas a member of the legislature "should not by his conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor or in the performance of his official duties or that he is affected by the kinship, rank, position or influence of any party or person." While a public official's conscience cannot be legislated, the opportu- nity for illegal activity can be removed. This legislation codifies a conflict-ofinterest standard; namely in the distribution of state and public funds to organizations that have ties to a state legislator through people within their inner circle. Even if the connection between the lawmaker and the organization is benign, the potential for negative optics and dubious associated suspicions abound. This legislation removes an available avenue where personal interest can be placed above public interest.   PRIOR LEGISLATIVE HISTORY: A. 6463 and S. 850 of 2021/2022 A. 4634 and S. 5733 of 2019/2020 A. 6808 and S. 6306 of 2017/2018 A. 5006-C of 2015/2016 A. 5718 2013/2014 A. 9864 and S. 3332 2011/2012 A. 5228 of 2011/2012 (enacting clause was stricken)   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: There are no fiscal implications associated with this legislation.   EFFECTIVE DATE: This act shall take effect immediately.
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A05491 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5491
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 13, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
          Committee 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,  members, domestic partners or certain relatives hold offi-
          cial 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  section  5 of part CC of chapter 56 of the laws of 2015, is
     3  amended and renumbered subdivision 19 and a new subdivision 18 is  added
     4  to read as follows:
     5    18.  No  statewide elected official or member of the legislature shall
     6  obtain any funding through state grants or member items, and subsequent-
     7  ly provide such funds to any corporation, partnership, limited liability
     8  corporation, other business entity or  not-for-profit  entity  in  which
     9  such  official, member or any relative by blood, marriage or adoption of
    10  such official or member, domestic partner or a  person  working  in  the
    11  employ of such member holds an official or legal position, including but
    12  not limited to working on an unpaid, volunteer basis.
    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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07651-01-3

        A. 5491                             2
 
     1  five,  seven  or  eight  of  this section, refer a violation of any such
     2  subdivision to the appropriate prosecutor and upon such conviction  such
     3  violation shall be punishable as a class A misdemeanor.
     4    § 2. This act shall take effect immediately.
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