S03310 Summary:

BILL NOS03310A
 
SAME ASSAME AS A04670-A
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Amd §73, Pub Off L; amd §2825, Pub Auth L; amd §801, Gen Muni L
 
Prohibits certain persons from receiving compensation for legal fees, consulting, or other work performed for an industrial development agency, an economic assistance corporation or state or local authority.
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S03310 Actions:

BILL NOS03310A
 
01/30/2023REFERRED TO ETHICS AND INTERNAL GOVERNANCE
05/08/20231ST REPORT CAL.762
05/09/20232ND REPORT CAL.
05/10/2023ADVANCED TO THIRD READING
05/16/2023PASSED SENATE
05/16/2023DELIVERED TO ASSEMBLY
05/16/2023referred to governmental operations
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO ETHICS AND INTERNAL GOVERNANCE
05/09/2024AMEND AND RECOMMIT TO ETHICS AND INTERNAL GOVERNANCE
05/09/2024PRINT NUMBER 3310A
05/13/20241ST REPORT CAL.1031
05/14/20242ND REPORT CAL.
05/15/2024ADVANCED TO THIRD READING
05/21/2024PASSED SENATE
05/21/2024DELIVERED TO ASSEMBLY
05/21/2024referred to governmental operations
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S03310 Committee Votes:

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S03310 Floor Votes:

There are no votes for this bill in this legislative session.
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S03310 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3310--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2023
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Ethics and Internal Gover-
          nance -- recommitted to the Committee on Ethics  and  Internal  Gover-
          nance   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the public officers law, the public authorities law  and
          the  general municipal law, in relation to prohibiting certain persons
          from receiving compensation for legal fees, consulting, or other  work
          performed for an industrial development agency, an economic assistance
          corporation, or from a state or local authority
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (a) and (b) of subdivision 7 of  section  73  of
     2  the  public officers   law, as amended by section 3 of part K of chapter
     3  286 of the laws of 2016, are amended to read as follows:
     4    (a) No statewide elected official, or state officer or employee, other
     5  than in the proper discharge of official  state  or  local  governmental
     6  duties,  or  member of the legislature or legislative employee, or poli-
     7  tical party chairman shall receive, directly  or  indirectly,  or  enter
     8  into any agreement express or implied for, any compensation, in whatever
     9  form,  for the appearance or rendition of services by [himself, herself]
    10  themself or another in relation to any case, proceeding, application  or
    11  other matter before a state agency where such appearance or rendition of
    12  services is in connection with:
    13    (i)  the  purchase,  sale,  rental or lease of real property, goods or
    14  services, or a contract therefor, from, to or with any such agency;
    15    (ii) any proceeding relating to rate making;
    16    (iii) the adoption or repeal of any  rule  or  regulation  having  the
    17  force and effect of law;
    18    (iv) the obtaining of grants of money or loans;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07223-02-4

        S. 3310--A                          2
 
     1    (v) licensing; [or]
     2    (vi) any proceeding relating to a franchise provided for in the public
     3  service law[.]; or
     4    (vii) legal services, consulting, or any other contractual expenditure
     5  for services, whether actually performed or not from  a  state  or local
     6  authority  if such statewide elected official, state officer  or employ-
     7  ee,  member  of  the  legislature, legislative employee    or  political
     8  party chairman: (A) is directly contracted by a state or local authority
     9  for  the  related  services; (B) owns or controls directly or indirectly
    10  ten per centum or more of stock in a   corporation that   is  contracted
    11  by  a  state  or  local  authority for the related services; or (C) owns
    12  or  controls ten per centum or more of the  capital,  profits, or  bene-
    13  ficial interest in a firm or association that is contracted by  a  state
    14  or local authority for the related services.
    15    (b)  No political party chairman in a county wholly included in a city
    16  having a population of one million or more shall  receive,  directly  or
    17  indirectly,  or  enter  into  any  agreement express or implied for, any
    18  compensation, in whatever form,  for  the  appearance  or  rendition  of
    19  services  by  [himself,  herself] themself or another in relation to any
    20  case, proceeding, application or other matter  before  any  city  agency
    21  where such appearance or rendition of services is in connection with:
    22    (i)  the  purchase,  sale,  rental or lease of real property, goods or
    23  services, or a contract therefor, from, to or with any such agency;
    24    (ii) any proceeding relating to ratemaking;
    25    (iii) the adoption or repeal of any  rule  or  regulation  having  the
    26  force and effect of law;
    27    (iv) the obtaining of grants of money or loans;
    28    (v)  licensing.  For  purposes of this paragraph, the term "licensing"
    29  shall mean any  city  agency  activity  respecting  the  grant,  denial,
    30  renewal,  revocation,  enforcement,  suspension,  annulment, withdrawal,
    31  recall, cancellation or amendment of a license, permit or other form  of
    32  permission  conferring the right or privilege to engage in (i) a profes-
    33  sion, trade, or occupation or (ii) any business or activity regulated by
    34  a regulatory agency of a city  agency  which  in  the  absence  of  such
    35  license, permit or other form of permission would be prohibited; [and]
    36    (vi) any proceeding relating to a franchise[.]; and
    37    (vii) legal services, consulting, or any other contractual expenditure
    38  for services, whether actually performed or not  from  a state  or local
    39  authority  if      such  political    party  chairman:  (A)  is directly
    40  contracted by a state or local authority for the related  services;  (B)
    41  owns  or controls directly or indirectly ten per centum or more of stock
    42  in a  corporation that  is  contracted  by  a  state  or local  authori-
    43  ty for the related services; or (C) owns or controls ten per  centum  or
    44  more  of the   capital,   profits,  or  beneficial interest in a firm or
    45  association that is contracted by a state or  local  authority  for  the
    46  related services.
    47    §  2.  Subdivision 1 of section 2825 of the public authorities law, as
    48  amended by chapter 766 of the laws  of  2005,  is  amended  to  read  as
    49  follows:
    50    1.  No  public officer or employee shall be ineligible for appointment
    51  as a trustee or member of the governing body of a state or local author-
    52  ity, as defined in section two of this chapter, and any  public  officer
    53  or  employee  may  accept  such appointment and serve as such trustee or
    54  member without forfeiture of any other  public  office  or  position  of
    55  public  employment  by  reason  thereof.  Provided, no statewide elected
    56  official, state officer or employee, member of the legislature, legisla-

        S. 3310--A                          3
 
     1  tive employee or political party chairman as defined in sections  seven-
     2  ty-three  and  seventy-three-a  of the public officers law shall receive
     3  compensation for  legal  fees,  consulting,  or  any  other  contractual
     4  expenditure  for  services,  whether  actually  performed or not, from a
     5  state or local authority if   such  statewide  elected  official,  state
     6  officer  or employee, member of the legislature, legislative employee or
     7  political party chairman: (i) is directly contracted by a state or local
     8  authority for the related services; (ii) owns or  controls  directly  or
     9  indirectly  ten  per centum or more of stock in a corporation or that is
    10  contracted by a state or local authority for the  related  services;  or
    11  (iii)  owns  or controls ten per centum or more of the capital, profits,
    12  or beneficial interest in a firm or association that is contracted by  a
    13  state or local authority for the related services.
    14    §  3.  Section 801 of the general municipal law, as amended by chapter
    15  1043 of the laws of 1965, is amended to read as follows:
    16    § 801. Conflicts of interest prohibited. Except as provided in section
    17  eight hundred two of this chapter, (1) no municipal officer or  employee
    18  shall  have  an  interest in any contract with the municipality of which
    19  [he is] they are an officer or employee, when such officer or  employee,
    20  individually  or  as  a  member of a board, has the power or duty to (a)
    21  negotiate, prepare, authorize or approve the contract  or  authorize  or
    22  approve payment thereunder (b) audit bills or claims under the contract,
    23  or  (c)  appoint  an  officer  or  employee who has any of the powers or
    24  duties set forth above [and], (2) no chief fiscal officer, treasurer, or
    25  [his] their deputy or employee, shall have an  interest  in  a  bank  or
    26  trust  company  designated  as  a depository, paying agent, registration
    27  agent or for investment of funds of the municipality of  which  [he  is]
    28  they  are  an  officer  or  employee, and (3) no municipal officer shall
    29  receive compensation for legal fees, consulting, or any other contractu-
    30  al expenditure for services, whether actually performed or not,  from  a
    31  state  or  local  authority if   such municipal officer: (a) is directly
    32  contracted by a state or local authority for the related  services,  (b)
    33  owns  or controls directly or indirectly ten percent or more of stock in
    34  a corporation that is contracted by a state or local authority  for  the
    35  related  services,  or  (c)  owns or controls ten percent or more of the
    36  capital, profits, or beneficial interest in a firm or  association  that
    37  is  contracted  by  a state or local authority for the related services.
    38  The provisions of this  section  shall  in  no  event  be  construed  to
    39  preclude  the  payment  of lawful compensation and necessary expenses of
    40  any municipal officer or employee in one or  more  positions  of  public
    41  employment, the holding of which is not prohibited by law.
    42    §  4.  This  act shall take effect immediately, and apply to contracts
    43  entered into on or after such effective date.
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