S08014 Summary:

BILL NOS08014
 
SAME ASNo Same As
 
SPONSORMURPHY
 
COSPNSRLANZA
 
MLTSPNSR
 
Amd §§87 & 73, Pub Off L; amd §2604, NYC Chart; add §801-a, Gen Muni L
 
Relates to contracts involving state agencies; prohibits a municipal officer or employee, for compensation, to represent private interests before any municipal agency or appear directly or indirectly on behalf of private interests in matters involving the respective municipality.
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S08014 Actions:

BILL NOS08014
 
06/03/2016REFERRED TO RULES
06/15/2016ORDERED TO THIRD READING CAL.1841
06/15/2016PASSED SENATE
06/15/2016DELIVERED TO ASSEMBLY
06/15/2016referred to governmental operations
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S08014 Committee Votes:

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S08014 Floor Votes:

There are no votes for this bill in this legislative session.
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S08014 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8014
 
                    IN SENATE
 
                                      June 3, 2016
                                       ___________
 
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public officers law and the New York  city  charter,
          in  relation  to  contracts involving state agencies; and to amend the
          general municipal law,  in  relation  to  restrictions  on  appearance
          before a municipal department or agency

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph iv  of  paragraph  (g)  of  subdivision  2  of
     2  section  87  of  the public officers law, as added by chapter 510 of the
     3  laws of 1999, is amended and a new subparagraph v is added  to  read  as
     4  follows:
     5    iv.  external audits, including but not limited to audits performed by
     6  the comptroller and the federal government; [or]
     7    v. materials exchanged between an agency and any entity not defined as
     8  an agency pursuant to this article that has not been retained by  formal
     9  contract or agreement; or
    10    § 2. Subdivision 7 of section 73 of the public officers law is amended
    11  by adding a new paragraph (a-1) to read as follows:
    12    (a-1)  The  provisions  of  this  subdivision  shall also apply to any
    13  person or entity contracting with a state agency for  the  period  which
    14  the contract remains in effect.
    15    § 3. Paragraph 6 of subdivision b of section 2604 of the New York city
    16  charter, as added by a vote of the people of the city of New York at the
    17  general  election  held  in  November  of  1988,  is  amended to read as
    18  follows:
    19    6. (a) No public servant shall, for  compensation,  represent  private
    20  interests  before  any  city  agency or appear directly or indirectly on
    21  behalf of private interests in matters involving the city. For a  public
    22  servant who is not a regular employee, this prohibition shall apply only
    23  to the agency served by the public servant.
    24    (b)  No  person or entity not defined as a public servant for purposes
    25  of this charter who contracts with a city  agency  shall  thereafter  be
    26  authorized  to  appear before any such agency for any other client for a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15699-03-6

        S. 8014                             2
 
     1  fee until after the expiration of such contract; provided, however, that
     2  if such contract is with the office of the mayor, or city council,  such
     3  person  or  entity  shall be prohibited from appearing before any agency
     4  for  any  other  client  for  a  fee  until after the expiration of such
     5  contract.
     6    § 4. The general municipal law is amended  by  adding  a  new  section
     7  801-a to read as follows:
     8    §  801-a.  Restrictions on appearance before a municipal department or
     9  agency.  1. No municipal officer or employee  shall,  for  compensation,
    10  represent  private  interests  before  any  municipal  agency  or appear
    11  directly or indirectly on behalf of private interests in matters involv-
    12  ing the respective municipality. For a municipal officer or employee who
    13  is not a regular employee, this prohibition  shall  apply  only  to  the
    14  department or agency served by the municipal officer or employee.
    15    2.  No  person or entity that is not defined as a municipal officer or
    16  employee for purposes of this article who  contracts  with  a  municipal
    17  agency or department shall thereafter be authorized to appear before any
    18  such municipal agency or department for any other client for a fee until
    19  after  the  expiration of such contract; provided, however, that if such
    20  contract is with the chief executive officer, or the controlling  legis-
    21  lative  body of the municipality, such person or entity shall be prohib-
    22  ited from appearing before any municipal department  or  agency  of  the
    23  respective  municipality  for any other client for a fee until after the
    24  expiration of such contract.
    25    § 5. This act shall take effect on the forty-fifth day after it  shall
    26  have become a law.
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