S T A T E O F N E W Y O R K
________________________________________________________________________
3018--B
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public officers law and the public authorities law,
in relation to prohibiting certain persons from receiving compensation
for legal fees, consulting, or other work performed for an industrial
development agency or an economic assistance corporation
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 section 5 of part CC of chapter 56 of the laws of 2015, is
amended to read as follows:
18. NO STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER
OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR POLITICAL PARTY CHAIRMAN AS
DEFINED IN THIS SECTION AND SECTION SEVENTY-THREE-A OF THIS ARTICLE WHO:
(I) OWNS OR CONTROLS DIRECTLY OR INDIRECTLY TEN PER CENTUM OR MORE OF
STOCK IN A CORPORATION OR LIMITED LIABILITY COMPANY; OR (II) OWNS OR
CONTROLS TEN PER CENTUM OR MORE OF THE CAPITAL, PROFITS, OR BENEFICIAL
INTEREST IN A PARTNERSHIP OR FIRM, SHALL RECEIVE COMPENSATION FOR LEGAL
FEES, CONSULTING, OR ANY OTHER CONTRACTUAL EXPENDITURE FOR SERVICES,
WHETHER ACTUALLY PERFORMED OR NOT, FROM A STATE OR LOCAL AUTHORITY AS
DEFINED SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
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, seven-a, eight, twelve or four-
teen 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03420-05-9
A. 3018--B 2
the state oversight body with jurisdiction over such person. A state
oversight 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
subdivision to the appropriate prosecutor and upon such conviction such
violation shall be punishable as a class A misdemeanor.
§ 2. Subdivision 1 of section 2825 of the public authorities law, as
amended by chapter 766 of the laws of 2005, is amended to read as
follows:
1. No public officer or employee shall be ineligible for appointment
as a trustee or member of the governing body of a state or local author-
ity, as defined in section two of this chapter, and any public officer
or employee may accept such appointment and serve as such trustee or
member without forfeiture of any other public office or position of
public employment by reason thereof. PROVIDED, ADDITIONALLY NO STATE-
WIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLA-
TURE, LEGISLATIVE EMPLOYEE OR POLITICAL PARTY CHAIRMAN AS DEFINED IN
SECTIONS SEVENTY-THREE AND SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW
WHO: (I) OWNS OR CONTROLS DIRECTLY OR INDIRECTLY TEN PER CENTUM OR MORE
OF STOCK IN A CORPORATION OR LIMITED LIABILITY COMPANY; OR (II) OWNS OR
CONTROLS TEN PER CENTUM OR MORE OF THE CAPITAL, PROFITS, OR BENEFICIAL
INTEREST IN A PARTNERSHIP OR FIRM, SHALL RECEIVE COMPENSATION FOR LEGAL
FEES, CONSULTING, OR ANY OTHER CONTRACTUAL EXPENDITURE FOR SERVICES,
WHETHER ACTUALLY PERFORMED OR NOT, FROM A STATE OR LOCAL AUTHORITY.
§ 3. This act shall take effect immediately.