NY State Senate Bill S8014

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
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- Passed Assembly
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Actions

view actions (5)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1841
Jun 03, 2016	referred to rules

Votes

Co-Sponsors

S8014 (ACTIVE) - Details

Law Section:: Public Officers Law
Laws Affected:: Amd §§87 & 73, Pub Off L; amd §2604, NYC Chart; add §801-a, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: S965

S8014 (ACTIVE) - Summary

Relates to contracts involving state agencies; prohibits a municipal officer or employee, for compensation, to represent private interests before any municipal agency or appear directly or indirectly on behalf of private interests in matters involving the respective municipality.

S8014 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S8014

 TITLE OF BILL :  An act to amend the public officers law and the New
York city charter, in relation to contracts involving state agencies;
and to amend the general municipal law, in relation to restrictions on
appearance before a municipal department or agency

 PURPOSE :

This legislation would clarify who are subject to the inter and intra
agency exception pursuant to the Freedom of Information Law and limit
the ability of private contractors with State and Municipal Agencies
from representing clients before those agencies while such a contract
is in effect.

 SUMMARY OF PROVISIONS :

Section 1 modifies the public officers law to limit the
inter/intra-agency exception from applying to materials exchanged
between state/municipal entities and non-state/municipal entities
where no contract exists.

Section 2 limits the ability of private contractors with state
agencies from being authorized to appear before those same agencies on
behalf of a private client.

Section 3 limits the ability of private contractors with New York City
agencies from being authorized to appear before those same agencies on
behalf of a private client. Additionally, where such contract is with
the Mayor or City Council, such private contractors would be wholly
restricted from appearing before all city agencies on behalf of
private clients until the term of the contract has ended.

Section 4 would prohibit municipal employees or officers from
appearing in front of the same municipality on behalf of private
clients or interests and limits the ability of private contractors
with municipal departments or agencies from being authorized to appear
before those same departments or agencies on behalf of a private
client. Additionally, where such contract is with the Chief Executive
or the legislative body of such municipality, such private contractors
would be wholly restricted from appearing before all municipal
agencies or departments on behalf of private clients until the term of
the contract has ended.

Section 5 of the legislation is the effective date

 JUSTIFICATION :

This legislation is necessary to clarify when the inter/intra agency
exception applies for purposes of FOIL in order to limit this
exceptions application to materials and communications between a state
or municipal entity and a non-contracted third party. Previous abuses
have occurred in relation to the application of this exception that
necessitate modification.

Additionally, this legislation would criminalize the representation of
clients before the state and municipalities where the representing
party has contracted with a state/municipal agency or department to
provide services. This legislation is necessary to explicitly
establish the conflict that exists as a product of these contracts in
order to restore the public trust.

 LEGISLATIVE HISTORY :

New Legislation.

 FISCAL IMPLICATIONS :

There are no costs to the state or localities

 EFFECTIVE DATE :
This act shall take effect on the forty-fifth day after it shall have
become a law.

S8014 (ACTIVE) - Bill Text download pdf

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

                                  8014

                            I N  S E N A T E

                              June 3, 2016
                               ___________

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

AN ACT to amend the public officers law and the New York  city  charter,
  in  relation  to  contracts involving state agencies; and to amend the
  general municipal law,  in  relation  to  restrictions  on  appearance
  before a municipal department or agency

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

  Section 1. Subparagraph iv  of  paragraph  (g)  of  subdivision  2  of
section  87  of  the public officers law, as added by chapter 510 of the
laws of 1999, is amended and a new subparagraph v is added  to  read  as
follows:
  iv.  external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]
  V. MATERIALS EXCHANGED BETWEEN AN AGENCY AND ANY ENTITY NOT DEFINED AS
AN AGENCY PURSUANT TO THIS ARTICLE THAT HAS NOT BEEN RETAINED BY  FORMAL
CONTRACT OR AGREEMENT; OR
  S 2. Subdivision 7 of section 73 of the public officers law is amended
by adding a new paragraph (a-1) to read as follows:
  (A-1)  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL ALSO APPLY TO ANY
PERSON OR ENTITY CONTRACTING WITH A STATE AGENCY FOR  THE  PERIOD  WHICH
THE CONTRACT REMAINS IN EFFECT.
  S 3. Paragraph 6 of subdivision b of section 2604 of the New York city
charter, as added by a vote of the people of the city of New York at the
general  election  held  in  November  of  1988,  is  amended to read as
follows:
  6. (A) No public servant shall, for  compensation,  represent  private
interests  before  any  city  agency or appear directly or indirectly on
behalf of private interests in matters involving the city. For a  public
servant who is not a regular employee, this prohibition shall apply only
to the agency served by the public servant.
  (B)  NO  PERSON OR ENTITY NOT DEFINED AS A PUBLIC SERVANT FOR PURPOSES
OF THIS CHARTER WHO CONTRACTS WITH A CITY  AGENCY  SHALL  THEREAFTER  BE
AUTHORIZED  TO  APPEAR BEFORE ANY SUCH AGENCY FOR ANY OTHER CLIENT FOR A

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

                                                           LBD15699-03-6

S. 8014                             2

FEE UNTIL AFTER THE EXPIRATION OF SUCH CONTRACT; PROVIDED, HOWEVER, THAT
IF SUCH CONTRACT IS WITH THE OFFICE OF THE MAYOR, OR CITY COUNCIL,  SUCH
PERSON  OR  ENTITY  SHALL BE PROHIBITED FROM APPEARING BEFORE ANY AGENCY
FOR  ANY  OTHER  CLIENT  FOR  A  FEE  UNTIL AFTER THE EXPIRATION OF SUCH
CONTRACT.
  S 4. The general municipal law is amended  by  adding  a  new  section
801-a to read as follows:
  S  801-A.  RESTRICTIONS ON APPEARANCE BEFORE A MUNICIPAL DEPARTMENT OR
AGENCY.  1. NO MUNICIPAL OFFICER OR EMPLOYEE  SHALL,  FOR  COMPENSATION,
REPRESENT  PRIVATE  INTERESTS  BEFORE  ANY  MUNICIPAL  AGENCY  OR APPEAR
DIRECTLY OR INDIRECTLY ON BEHALF OF PRIVATE INTERESTS IN MATTERS INVOLV-
ING THE RESPECTIVE MUNICIPALITY. FOR A MUNICIPAL OFFICER OR EMPLOYEE WHO
IS NOT A REGULAR EMPLOYEE, THIS PROHIBITION  SHALL  APPLY  ONLY  TO  THE
DEPARTMENT OR AGENCY SERVED BY THE MUNICIPAL OFFICER OR EMPLOYEE.
  2.  NO  PERSON OR ENTITY THAT IS NOT DEFINED AS A MUNICIPAL OFFICER OR
EMPLOYEE FOR PURPOSES OF THIS ARTICLE WHO  CONTRACTS  WITH  A  MUNICIPAL
AGENCY OR DEPARTMENT SHALL THEREAFTER BE AUTHORIZED TO APPEAR BEFORE ANY
SUCH MUNICIPAL AGENCY OR DEPARTMENT FOR ANY OTHER CLIENT FOR A FEE UNTIL
AFTER  THE  EXPIRATION OF SUCH CONTRACT; PROVIDED, HOWEVER, THAT IF SUCH
CONTRACT IS WITH THE CHIEF EXECUTIVE OFFICER, OR THE CONTROLLING  LEGIS-
LATIVE  BODY OF THE MUNICIPALITY, SUCH PERSON OR ENTITY SHALL BE PROHIB-
ITED FROM APPEARING BEFORE ANY MUNICIPAL DEPARTMENT  OR  AGENCY  OF  THE
RESPECTIVE  MUNICIPALITY  FOR ANY OTHER CLIENT FOR A FEE UNTIL AFTER THE
EXPIRATION OF SUCH CONTRACT.
  S 5. This act shall take effect on the forty-fifth day after it  shall
have become a law.

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The New York State Senate

senate Bill S8014

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 15, 2016 - Rules committee Vote

Rules Committee Vote: Jun 15, 2016

Co-Sponsors

S8014 (ACTIVE) - Details

S8014 (ACTIVE) - Summary

S8014 (ACTIVE) - Sponsor Memo

S8014 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8014

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 15, 2016 - Rules committee Vote

Rules Committee Vote: Jun 15, 2016

Co-Sponsors

Andrew J. Lanza

S8014 (ACTIVE) - Details

S8014 (ACTIVE) - Summary

S8014 (ACTIVE) - Sponsor Memo

S8014 (ACTIVE) - Bill Text download pdf

Comments