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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6808
SPONSOR: Galef (MS) 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 general purpose of this legislation is to prohibit members of the
legislature from obtaining funding and providing such funds to any busi-
ness entity or not-for-profit entities in which such officials, their
family members or 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):
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
functions 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-of-interest 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. 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.
STATE OF NEW YORK
________________________________________________________________________
6808
2017-2018 Regular Sessions
IN ASSEMBLY
March 17, 2017
___________
Introduced by M. of A. GALEF, PAULIN, SCHIMMINGER, GUNTHER, BUCHWALD,
MAYER, DINOWITZ, WOERNER, TITONE, ORTIZ, KEARNS, CROUCH, FINCH,
GIGLIO, FITZPATRICK, MONTESANO, DiPIETRO, SEPULVEDA, BRABENEC, CURRAN,
PALMESANO, FRIEND -- Multi-Sponsored by -- M. of A. BLANKENBUSH,
ENGLEBRIGHT, HAWLEY, KOLB, LAWRENCE, LOPEZ, MAGEE, McDONOUGH, McKEV-
ITT, McLAUGHLIN, SIMON, STEC, THIELE -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10588-01-7
A. 6808 2
1 value of any gift, compensation or benefit received in connection with
2 such violation. Assessment of a civil penalty hereunder shall be made by
3 the state oversight body with jurisdiction over such person. A state
4 oversight body acting pursuant to its jurisdiction, may, in lieu of a
5 civil penalty, with respect to a violation of subdivisions two through
6 five, seven or eight of this section, refer a violation of any such
7 subdivision to the appropriate prosecutor and upon such conviction such
8 violation shall be punishable as a class A misdemeanor.
9 § 2. This act shall take effect immediately.
