senate Bill S1315

2013-2014 Legislative Session

Relates to certain activities by members of a board of a community college

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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 08, 2014 referred to finance
Jan 09, 2013 referred to finance

S1315 - Bill Details

Current Committee:
Senate Finance
Law Section:
Public Officers Law
Laws Affected:
Amd §73, Pub Off L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3084
2009-2010: S6334

S1315 - Bill Texts

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Relates to certain activities by members of a board of a community college.

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BILL NUMBER:S1315

TITLE OF BILL:
An act
to amend the public officers law, in relation to certain activities by
members of a board of a community college

PURPOSE OR GENERAL IDEA OF BILL:
Under current law, community college boards of trustees are exempt
from Section 73 of the Public Officers Law and the ban on gifts
exceeding $75.00. This bill would make members of the boards of
trustees of the state's community colleges adhere to the gift limit
of Section 73.

SUMMARY OF SPECIFIC PROVISIONS:
The proposal would amend subparagraph 1(g) of Section 73 of the Public
Officers Law and adds a new subparagraph (v) to § 2 of Section 73 of
the Public Officers Law to include, rather than exclude, members of a
board of directors of a community college regardless of whether they
receive compensation.

JUSTIFICATION:
Over the past twenty years there have been many reforms to the Public
Officers Law to restore the public's trust and confidence in
government through the prevention of corruption, favoritism and undue
influence. In 1987 the state passed the Ethics in Government act, and
in 1996 it was updated to include community college employees, as
well as senior college employees. Community college boards of
trustees were not included in the gift ban at that time.

Community college boards of trustees, however, have a tremendous
amount of oversight over their strategic and other plans for growth,
in both academic and physical areas. They also create operational and
capital outlay budgets that are typically multi-million dollar.

With the oversight of such large budgets and the contracts that are
included within it, boards of trustees should abide by the Public
Officers law gift ban so as to remove any perceived ethical issues or
conflicts of interest.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.6334 Advanced to Third Reading
2011-2012: S.3084 Referred to Finance

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
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
________________________________________________________________________

                                  1315

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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  certain  activ-
  ities by members of a board of a community college

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

  Section 1. Paragraph (g) of subdivision 1 of section 73 of the  public
officers  law, as amended by chapter 283 of the laws of 1996, is amended
to read as follows:
  (g) The term "state agency" shall mean any state department, or  divi-
sion,  board,  commission, or bureau of any state department, any public
benefit corporation, public authority or  commission  at  least  one  of
whose  members  is appointed by the governor, or the state university of
New York or the  city  university  of  New  York,  including  all  their
constituent  units  [except]  INCLUDING  community colleges of the state
university of New York and the independent institutions operating [stat-
utory] STATUTORILY, or contract colleges on behalf of the state.
  S 2. Paragraph (i) of subdivision 1 of section 73 of the public  offi-
cers  law,  as amended by chapter 242 of the laws of 1989, is amended to
read as follows:
  (i) The term "state officer or employee" shall mean:
  (i) heads of state departments and their deputies and assistants other
than members of the board of regents of the university of the  state  of
New  York  who  receive no compensation or are compensated on a per diem
basis;
  (ii) officers and employees of statewide elected officials;
  (iii) officers and employees of state  departments,  boards,  bureaus,
divisions,  commissions,  councils  or  other  state agencies other than
officers of such boards, commissions or councils who receive no  compen-
sation or are compensated on a per diem basis; [and]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04195-01-3

S. 1315                             2

  (iv)  members  or  directors  of public authorities, other than multi-
state authorities, public benefit corporations and commissions at  least
one  of  whose members is appointed by the governor, who receive compen-
sation other than on a per diem basis, and employees  of  such  authori-
ties, corporations and commissions[.]; AND
  (V)  MEMBERS  OF A BOARD OF TRUSTEES OF A COMMUNITY COLLEGE REGARDLESS
OF WHETHER THEY RECEIVE COMPENSATION.
  S 3. This act shall take effect immediately.

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