senate Bill S5399

2013-2014 Legislative Session

Restricts the employment of relatives by members of the legislature

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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 investigations and government operations
May 16, 2013 referred to investigations and government operations

S5399 - Bill Details

Current Committee:
Law Section:
Legislative Law
Laws Affected:
Add ยง81, Leg L

S5399 - Bill Texts

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Restricts the employment of relatives by members of the legislature.

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BILL NUMBER:S5399

TITLE OF BILL: An act to amend the legislative law, in relation to
restricting the employment of relatives by members of the legislature

PURPOSE: Restrict the employment of relatives by members of the
Legislature

SUMMARY OF PROVISIONS:

Section One of the bill creates a new section, 81, in the legislative
law to state a member of the legislature may not employ for
legislative business the member's own relative, or the relative of
another member from the same legislative district, using public funds
over which the member has direct control.

The provision of this section shall not apply to a member of the
legislature who has a physical impairment that necessitates the
employment of a particular relative and discloses the employment to
the legislative ethics commission

For the purposes of this section "relative" means: a spouse, parent or
stepparent, a sibling or step sibling, child, stepchild, foster child,
ward, mother-in-law, father-in-law, son-in-law, daughter-in-law,
grandparent or grandchild.

EXISTING LAW: New law

JUSTIFICATION: According to the National Conference of State
Legislatures (NCSL), the technical definition of nepotism is "bestowal
of patronage by public officers in appointing others to positions by
reason of blood or marital relationship." According to NCSL, "all 50
states have laws that either prohibit the practice or have guidelines
to use in conflict-of-interest situations, which may restrict nepotism
depending on interpretation of the law." While 24 states explicitly
prohibit a legislator from hiring a relative either through statute or
by constitution, New York falls in the latter group, with no specific
nepotism restrictions in statute. This bill to amend the legislative
law in relation to restricting the employment of relatives by members
of the legislature would put New York on a par with leading states in
addressing the problem of nepotism.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall become law.

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

                                  5399

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the legislative law,  in  relation  to  restricting  the
  employment of relatives by members of the legislature

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

  Section 1. The legislative law is amended by adding a new  section  81
to read as follows:
  S 81. RESTRICTIONS ON RELATIVE EMPLOYMENT. 1. AS USED IN THIS SECTION,
"RELATIVE" MEANS:
  A. A SPOUSE;
  B. A PARENT OR STEPPARENT;
  C. A SIBLING OR STEP SIBLING;
  D. A CHILD, STEPCHILD, FOSTER CHILD, OR WARD;
  E. A MOTHER-IN-LAW OR FATHER-IN-LAW;
  F. A SON-IN-LAW OR DAUGHTER-IN-LAW;
  G. A GRANDPARENT; OR
  H. A GRANDCHILD.
  2.  EXCEPT  AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, A MEMBER
OF THE LEGISLATURE MAY NOT EMPLOY FOR LEGISLATIVE BUSINESS THE  MEMBER'S
OWN  RELATIVE,  OR THE RELATIVE OF ANOTHER MEMBER FROM THE SAME LEGISLA-
TIVE DISTRICT, USING PUBLIC FUNDS  OVER  WHICH  THE  MEMBER  HAS  DIRECT
CONTROL.
  3.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A MEMBER OF THE
LEGISLATURE WHO:
  A. HAS A PHYSICAL IMPAIRMENT THAT NECESSITATES  THE  EMPLOYMENT  OF  A
PARTICULAR RELATIVE; AND
  B. DISCLOSES THE EMPLOYMENT TO THE LEGISLATIVE ETHICS COMMISSION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11035-01-3

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