NY State Assembly Bill 2019-A3018B

Assembly Bill A3018B

2019-2020 Legislative Session

Prohibits certain persons from receiving compensation for legal fees, consulting, or other work performed for an industrial development agency or an economic assistance corporation

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to governmental operations
Jun 14, 2019	print number 3018b
Jun 14, 2019	amend and recommit to governmental operations
May 21, 2019	print number 3018a
May 21, 2019	amend and recommit to governmental operations
Jan 28, 2019	referred to governmental operations

Bill Amendments

Original

B (Active)

2019-A3018 - Details

See Senate Version of this Bill:: S97
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §73, Pub Off L; amd §2825, Pub Auth L
Versions Introduced in 2017-2018 Legislative Session:: A7645, S5695

2019-A3018 - Summary

Prohibits elected officials and persons in a leadership position of a party committee from receiving compensation for legal fees, consulting, or other work performed for an industrial development agency or an economic assistance corporation.

2019-A3018 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3018
 
                        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
 
 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. (A) NO PERSON WHO HOLDS ANY PUBLIC OFFICE OR IS AN  OFFICER  IN  A
 PARTY COMMITTEE OR FIRM OR ASSOCIATION OF WHICH SUCH PERSON IS A MEMBER,
 OR CORPORATION, TEN PER CENTUM OR MORE OF THE STOCK OF WHICH IS OWNED OR
 CONTROLLED  DIRECTLY OR INDIRECTLY BY SUCH PERSON, SHALL RECEIVE COMPEN-
 SATION FOR LEGAL FEES, CONSULTING, OR ANY OTHER CONTRACTUAL  EXPENDITURE
 FOR  SERVICES,  WHETHER ACTUALLY PERFORMED OR NOT, FROM A STATE OR LOCAL
 AUTHORITY AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "PARTY  COMMITTEE"
 SHALL HAVE THE SAME MEANING AS IN SECTION 2-100 OF THE ELECTION 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03420-01-9

 A. 3018                             2
 
 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 PERSON
 WHO HOLDS ANY PUBLIC OFFICE OR IS AN OFFICER IN A  PARTY  COMMITTEE,  OR
 FIRM  OR  ASSOCIATION  OF WHICH SUCH PERSON IS A MEMBER, OR CORPORATION,
 TEN PER CENTUM OR MORE OF THE STOCK WHICH IS OWNED OR CONTROLLED DIRECT-
 LY OR INDIRECTLY BY SUCH PERSON, 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.  FOR
 THE  PURPOSES OF THIS SUBDIVISION, THE TERM "PARTY COMMITTEE" SHALL HAVE
 THE SAME MEANING AS IN SECTION 2-100 OF THE ELECTION LAW.
   § 3. This act shall take effect immediately.

2019-A3018A - Details

See Senate Version of this Bill:: S97
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §73, Pub Off L; amd §2825, Pub Auth L
Versions Introduced in 2017-2018 Legislative Session:: A7645, S5695

2019-A3018A - Summary

2019-A3018A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3018--A
 
                        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
 
 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  OR
 FIRM  OR  ASSOCIATION  OF WHICH SUCH PERSON IS A MEMBER, OR CORPORATION,
 TEN PER CENTUM OR MORE OF THE STOCK OF  WHICH  IS  OWNED  OR  CONTROLLED
 DIRECTLY  OR  INDIRECTLY  BY SUCH PERSON, 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 IN 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03420-03-9

 A. 3018--A                          2
 
 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 OR FIRM OR  ASSO-
 CIATION OF WHICH SUCH PERSON IS A MEMBER, OR CORPORATION, TEN PER CENTUM
 OR  MORE  OF THE STOCK OF WHICH IS OWNED OR CONTROLLED DIRECTLY OR INDI-
 RECTLY BY SUCH  PERSON,  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.

2019-A3018B (ACTIVE) - Details

See Senate Version of this Bill:: S97
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §73, Pub Off L; amd §2825, Pub Auth L
Versions Introduced in 2017-2018 Legislative Session:: A7645, S5695

2019-A3018B (ACTIVE) - Summary

2019-A3018B (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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