senate Bill S3332

2011-2012 Legislative Session

Prohibits members of the legislature from obtaining funding to provide to any business entities in which such members hold official or legal positions

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Feb 17, 2011 referred to finance

Co-Sponsors

S3332 - Bill Details

See Assembly Version of this Bill:
A9864
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยง73, Pub Off L

S3332 - Bill Texts

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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 members hold official or legal positions.

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BILL NUMBER:S3332

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 or members hold official or legal
positions

PURPOSE OR GENERAL IDEA OF BILL:
The general purpose of the bill is to prohibit members of the
legislature from obtaining funding and providing such funds to any
business entity or not-for-profit entities in which such officials or
members hold official or legal positions

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 18 of section 73 of the Public Officers Law, as
amended by chapter 14 of the laws of 2007, is renumbered subdivision
19 and amended, and a new subdivision 18 is added.

18. No statewide elected official or members of the legislature shall
obtain any funding through state grants or member items, and
subsequently provide such funds to any corporation, partnership,
limited liability corporation, other business entity or
not-for-profit entity in which such official or member holds an
official or legal position.

19. In addition to other penalties in any provision of public officers
law, any person who knowingly and intentionally violates provisions
two through five, seven, eight, twelve, or fourteen through eighteen,
shall be subject to a civil penalty not to exceed forty thousand
dollars ($40,000) and the value of any gift, compensation or benefit
received in connection with such violation.

Assessment of the civil penalty shall be made by the state oversight
body with jurisdiction. The state oversight agency also has the
authority to refer the violation to the appropriate prosecutor. If a
conviction results, it shall be punishable as a class A misdemeanor.

JUSTIFICATION:
Members of the New York State Legislature are public servants who have
been elected by voters to serve them honestly and with integrity.
Many execute their functions honorably and deserve the public's
trust. There are others, unfortunately, who have behaved unethically
by using the power of their elected position to further their
financial interests. There are still others, although a minority, who
have abused their power and broke the law. 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, anger, and cynicism damage the reputation and work of all
elected officials, which is particularly unfair to those who have
been upright and honest.


While a public official's conscience cannot be legislated,
opportunities for illegal activity can be removed. This legislation
prohibits New York State Legislators from establishing or acting in
an official or legal capacity for any type of business or
not-for-profit entity. This prohibition would end the current and
legal practice that
allows legislators to set up such organizations. This legislation may
not wholly eradicate the public's cynicism regarding politics and
their representatives, but it is a step in the right direction.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3332

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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 or members hold official or legal positions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 18 of section 73 of the public officers law, as
amended by chapter 14 of the laws of 2007, is renumbered subdivision  19
and amended 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 SUBSEQUENT-
LY PROVIDE SUCH FUNDS TO ANY CORPORATION, PARTNERSHIP, LIMITED LIABILITY
CORPORATION, OTHER BUSINESS ENTITY OR  NOT-FOR-PROFIT  ENTITY  IN  WHICH
SUCH OFFICIAL OR MEMBER HOLDS AN OFFICIAL OR LEGAL POSITION.
  19.  In  addition  to  any penalty contained in any other provision of
law, any person who knowingly and intentionally violates the  provisions
of  subdivisions  two  through  five,  seven,  eight, twelve or fourteen
through [seventeen] EIGHTEEN of this section shall be subject to a civil
penalty in an amount not to exceed forty thousand dollars and the  value
of  any  gift,  compensation or benefit received in connection with such
violation.  Assessment of a civil penalty hereunder shall be made by the
state oversight body with jurisdiction over such person. A  state  over-
sight  body acting pursuant to its jurisdiction, may, in lieu of a civil
penalty, with respect to a violation of subdivisions two  through  five,
seven  or  eight of this section, refer a violation of any such subdivi-
sion to  the  appropriate  prosecutor  and  upon  such  conviction  such
violation shall be punishable as a class A misdemeanor.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04626-02-1

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