Senate Bill S3332

                                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.