NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4847A
SPONSOR: Abinanti TITLE OF BILL:
An act to amend the public officers law, in relation to requiring
certain individuals to file financial disclosure forms
PURPOSE OR GENERAL IDEA OF BILL:
To increase transparency of the Regional Economic Development Councils
that provide advice or recommendations to a state officer, agency,
authority or public benefit corporation on the allocation or disburse-
ment of state or federal moneys and ensure, that Members of such coun-
cils do not have conflicts of interest related to such advice.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the opening paragraph of public officers
law § 73-a (2)(a), as amended by section 5 of part A of chapter 399 of
the laws of 2011, to require any member of a regional economic develop-
ment council (even if such member is a volunteer) to file an annual
statement of financial disclosure containing the information and, in the
form, set forth in subdivision three of Public Officers Law Section 73.
Section 2 amends the opening paragraph of public officers law § 73-a
(2)(a), as amended by section 7 of part QQ of chapter 56 of the laws of
2022, to require any member of a regional economic development council
(even if such member is a volunteer) to file an annual statement of
financial disclosure containing the information and, in the form, set
forth in subdivision three of Public Officers Law Section 73.
Section 3 is the effective date.
DIFFERENCES BETWEEN ORIGINAL AND AMENDED VERSION:
Language updated to match changes made in the budget to JCOPE.
JUSTIFICATION:
Public Officers Law §§ 73-a and 74 govern financial disclosure and
conflict of interest rules for various state officers and employees.
Currently, Regional Economic Councils (REDCs) are not covered by these
laws yet they have significant input into the distribution of billions
of dollars of state funds.
For example, on December 11, 2014, it was announced that $709.2 Million
dollars had been awarded through Round IV of the REDCs initiative. In
addition, ensuing budgets including the 2015-16 and 2017-18 State budg-
ets allocated billions of dollars of additional funds that the REDCs
have provided input on. Despite having influence over billions of
dollars of state moneys, members of the REDCs do not file any financial
disclosure statements nor are they governed by the conflict-of-interest
provisions in the Public Officers Law.
This bill will provide much needed increased transparency of the REDCs
by ensuring its members do not have conflicts of interest and file
financial disclosure statements as required by other state officers and
employees.
PRIOR LEGISLATIVE HISTORY:
2019-20: A1610 referred to governmental operations; 2017-18: A2206
referred to governmental operations; 2015-16: A7173 referred to govern-
mental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the first of June succeeding the date on
which it shall have become law; provided, that the provisions of section
two of this act shall take effect date and in the same manner as part QQ
of chapter 56 of the laws of 2022, takes effect.
STATE OF NEW YORK
________________________________________________________________________
4847--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 8, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Governmental Operations -- recommitted to the Committee on
Governmental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public officers law, in relation to requiring
certain individuals to file financial disclosure forms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of paragraph (a) of subdivision 2 of
2 section 73-a of the public officers law, as amended by section 5 of part
3 A of chapter 399 of the laws of 2011, is amended to read as follows:
4 Every statewide elected official, state officer or employee, member of
5 the legislature, legislative employee and political party chairman
6 [and], every candidate for statewide elected office or for member of the
7 legislature, and any member of a regional economic development council
8 (even if such member is a volunteer) shall file an annual statement of
9 financial disclosure containing the information and in the form set
10 forth in subdivision three of this section. On or before the fifteenth
11 day of May with respect to the preceding calendar year: (1) every member
12 of the legislature, every candidate for member of the legislature and
13 legislative employee shall file such statement with the legislative
14 ethics commission which shall provide such statement along with any
15 requests for exemptions or deletions to the joint commission on public
16 ethics for filing and rulings with respect to such requests for
17 exemptions or deletions, on or before the thirtieth day of June; and (2)
18 all other individuals required to file such statement shall file it with
19 the joint commission on public ethics, except that:
20 § 2. The opening paragraph of paragraph (a) of subdivision 2 of
21 section 73-a of the public officers law, as amended by section 7 of part
22 QQ of chapter 56 of the laws of 2022, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00907-03-2
A. 4847--A 2
1 Every statewide elected official, state officer or employee, member of
2 the legislature, legislative employee and political party chair [and],
3 every candidate for statewide elected office or for member of the legis-
4 lature, and any member of a regional economic development council (even
5 if such member is a volunteer) shall file an annual statement of finan-
6 cial disclosure containing the information and in the form set forth in
7 subdivision three of this section. On or before the fifteenth day of May
8 with respect to the preceding calendar year: (1) every member of the
9 legislature, every candidate for member of the legislature and legisla-
10 tive employee shall file such statement with the legislative ethics
11 commission which shall provide such statement along with any requests
12 for exemptions or deletions to the commission on ethics and lobbying in
13 government for filing and rulings with respect to such requests for
14 exemptions or deletions, on or before the thirtieth day of June; and (2)
15 all other individuals required to file such statement shall file it with
16 the commission on ethics and lobbying in government, except that:
17 § 3. This act shall take effect on the first of June next succeeding
18 the date on which it shall have become a law; provided, however, that
19 the provisions of section two of this act shall take effect on the same
20 date and in the same manner as part QQ of chapter 56 of the laws of
21 2022, takes effect.
