S T A T E O F N E W Y O R K
________________________________________________________________________
5718
2013-2014 Regular Sessions
I N A S S E M B L Y
March 6, 2013
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Introduced by M. of A. GALEF, PAULIN, SCHIMMINGER, GUNTHER, CORWIN,
CROUCH, FINCH, GIGLIO, TEDISCO -- Multi-Sponsored by -- M. of A.
DUPREY, GABRYSZAK, KATZ, KOLB, P. LOPEZ, MAGEE, 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 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.