BILL NUMBER: S5733

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to prohibiting members of the legislature from obtaining funding and
providing such funds to any business entity or not-for-profit entities
in which such officials, members, domestic partners or certain relatives
hold official or legal positions

 
PURPOSE OR GENERAL IDEA OF BILL:

The general purpose of this legislation is to prohibit members of the
legislature from obtaining funding and providing such funds to any busi-
ness entity or not-for-profit entities in which such officials, their
family members or staff hold official or legal positions.

 
SUMMARY OF PROVISIONS:

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 and renumbered subdivision 19 and a new subdivision 18 is added
              

to read as follows: 18. Nb statewide elected official or member of the
legislature shall obtain any funding through state grants or member
items, and subsequently proliide such funds to any corporation, partner-
ship, limited liability corporation, other business entity or not-for-
profit entity in which such official, member or any relative by blood,
marriage or adoption of such official or member, domestic partner or a
person working in the employ of such member holds an official or legal
position, including but not limited to working on an unpaid, volunteer
basis.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Not applicable at this time.

 
JUSTIFICATION:

Members of the New York State Legislature are public servants who have
been elected by voters to serve with integrity. Many execute their func-
tions honorably, yet others have broken the law by using the power of
their elected position to further their financial interests.  Those who
put personal gain above the public good corrode the public's trust in
their elected officials, and the political process. The mounting public
mistrust and cynicism damage the reputation and work of all elected
officials, which is particularly unfair to those who have been upright
and honest.

New York statute only loosely provides ethical considerations related to
conflicts-of-interest with family members through the Public Officers
Law, Article 4 § 74, whereas a member of the legislature "should not by
his conduct give reasonable basis for the impression that any person can
improperly influence him or unduly enjoy his favor or in the performance
of his official duties or that he is affected by the kinship, rank,
position or influence of any party or person."

While a public official's conscience cannot be legislated, the opportu-
nity for illegal activity can be removed. This legislation codifies a
conflict-of-interest standard; namely in the distribution of state and
public funds to organizations that have ties to a state legislator
through people within their inner circle. Even if the connection between
the lawmaker and the organization is benign, the potential for negative
optics and dubious associated suspicions abound. This legislation
removes an available avenue where personal interest can be placed above
public interest.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A.6808 Galef/S.6306 Avella - died in Governmental Operations
2015-16: A.5006-C Galef No Same As - died in Governmental Operations
2013-14: A.5718 Galef No Same As - died in Governmental Operations
2011-12: A.9864 Galef/S.3332 Bonacic - died in Governmental Operations
2011-12: A.5228 Galef - enacting clause stricken

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with this legislation.

 
EFFECTIVE DATE:
This act shall take effect immediately.