Defines "relative"

1 Co-sponsor

• Liz Krueger

Title of bill

An act to amend the public officers law, in relation to modifying the definition of relative

Purpose

To clarify the definition of the term "relative" as it is used for purposes of the State's nepotism statute.

Summary of provisions

Section one amends paragraph (m) of subdivision 1 of section 73 of the Public Officers Law to modify the current definition of "relative" by providing an enumerated list of the specific relationships that the provision is meant to cover.

Section two provides for an immediate effective date.

Existing law

Public Officers Law §73(1)(m) defines the term "relative" as "any person living in the same household as the individual and any person who is a direct descendant of that individual's grandparents or the spouse of such descendant."

Prior legislative history

This is a new proposal.

Statement in support

The description of the term "relative" contained in the Public Officers Law §73(1)(m) was intended to broadly include blood relatives as well as other people living in the house of the individual who may not necessarily be blood relatives, such as adopted children or domestic partners. However. the manner in which the definition was worded is unclear and has the unintended effect of including other non-blood relationships (e.g., roommates, foreign exchange students) within the meaning of the term "relative". Conversely, relationships traditionally covered by the term "relative" are not captured within the scope of the statute, unless such individuals live in the same household (e.g., foster children, adopted children, stepchildren, "in-law" relatives and step relatives).

By amending the definition of the term "relative" found in Public Officers Law §73(1)(m), this proposal will reflect the intention of the original drafters and provide a definition which is understandable and consistent with other states.

Budget implications

None.

Effective date

This act shall take effect immediately.