Creates the Public Corruption Prevention and Enforcement Act of 2011

The "Public Corruption Prevention and Enforcement Act of 2011" clarifies the definition of self-dealing, scheme to defraud, bribery and defines the penalties for such crimes as various levels of a felony. Real reform and regulation is proposed in this act by increasing transparency and penalties regarding member-items, financial disclosure forms, and campaign contributions.

Summary of provisions

Section 1 - creates the "Public Corruption Prevention and Enforcement Act of 2011."

Section 2 - Amends PL § 10.00 to define "scheme for PL §§ 195.18 and 195.20 and "faithful public services" and "self-dealing."

Section 3 - Amends PL § 195.20 to create the crime of scheme to defraud the government in the first degree, a D felony.

Section 4 - Adds new PL § 195.18, to create the crime of scheme to defraud the government in the first degree, an E felony.

Sections 5, 6 and 7 Amend PL §§ 200,00, 200.03 and 200.04 to make changes to address a common law issue involving burden of proof.

Section 8 Adds new PL § 200.28 to create a duty to provide faithful services for public servants.

Section 9 Amends POL §73-a(3) to add new question 20 to the annual statements of financial disclosure related to non-profits and

reporting individuals and their spouse or domestic partner and their relatives.

Section 10 Amends POL § 74(1) to define "faithful public services" and "self-dealing" for officers and employees of a state agency, members of the legislature and legislative employees.

Section 11 Amends POL § 74(3) to add the duty of faithful services to the Code of Ethics.

Section 12 Amends POL § 74(4) to add a penalty for violation for scheme to defraud and the duty of faithful public services, an E felony.

Section 13 Adds new POL § 80 to create guidelines and prohibitions for members items, enforced by the attorney general and penalties for violations, enforced by the attorney general and any district attorney.

Section 14 Amends Leg. Law § 80(14)(1) to require the disclosure of the value categories on annual statements of financial disclosure filed by members of the legislature, candidates for member of the legislature and legislative employees when statements are released to the public.

Section 15 Amends Exec. Law § 94(17)(a)(1) to require the disclosure of the value categories on annual statements of financial disclosure filed by statewide elected officials, candidates for statewide elected officials, executive branch officers and employees and political party chairs when statements are released to the public.

Section 16 Amends State Finance Law § 99-d to rename the section "Legislative community projects fund."

Section 17 Adds State Finance Law § 99-u to create the "Executive community projects fund."

Section 18 Amends Jud. Law § 211(4) to require the disclosure of the value categories on annual statements of financial disclosure filed by judges, candidates for judge and employees of the unified court system when statements are released to the public.

Section 19 Amends § EL 14-100 to make technical changes related to gifts.

Section 20 Amends § EL 14-104(1) to make changes related to filing of statements and to require separate disclosure by candidates and their spouse or domestic partner for gifts and loans, not issued by an financial institution, in excess of $1 ,000 for one year prior to designation and at other regular filing times.

Section 21 Amends § EL 14-108 to make technical changes related to disclosure of gifts.

Section 22 Amends § EL 14-120 to make technical changes related to contribution and loans.

Section 23 is the severability clause.

Section 24 is the effective dates, immediately, except for sections nine through twenty-two which shall take effect on the 60th day after becoming law.

Justification

With Albany's growing reputation for scandal, combined with the public perception and mistrust of elected officials there's a true sense of urgency for real reform in the New York State Legislature. The "Public Corruption Prevention and Enforcement Act of 2011" combines preventative measures against corruption with stricter forms of enforcement for those who violate the law.

Elected officials hold a tremendous amount of public trust and have a serious responsibility to perform faithful services to their constituents. This bill creates a defined duty for public servants in the Penal Law as well as the Public Officers Law. The duty described applies to all public servants elected within the state, their employees and appointees, and is defined as conduct that is free of undisclosed self-dealing and free of the unauthorized or unlawful conferral of benefits.

Under this legislation, knowing and intentional violations of the duty to provide faithful public services may be prosecuted by any district attorney or an enforcement action may be brought by a state commissions with ethics oversight.

This legislation will expand the limited existing crime of Defrauding the Government and create the crime of Scheme to Defraud the Government in the First and Second Degree. Currently, the law is limited to schemes to defraud government agencies of money or property and schemes involving public servants. Under this act others who seek to corrupt the operation of government will now be included. This violation will be punishable as either a class D or E felony, depending on the nature of the offense.

In addition, three sections of bribery involving public servants in the Penal Law are amended to reflect the proper standard of proof and to ensure offers to bribes are punished seriously. The bill amends bribery in the first, second and third degrees in order to create a crime similar to the public bribery statutes consistent with commercial bribery, sports bribery, and labor bribery.

An imperative piece of this legislation creates new standards, which strengthen ethics requirements and increase transparency regarding community projects grants, commonly known as "member-items." Under The Public Corruption Prevention and Enforcement Act of 2011, not-for-profits or other organizations are barred from receiving a grant if they have been; barred by a government agency in any jurisdiction within the last five years; failed to file a tax return or to pay taxes in the last five years; or used a third-party or agent to secure the grant. If the standards are violated, the attorney general will have the jurisdiction to recover the grant through an action under the Executive Law.

In addition, this act prohibits legislators from sponsoring or requesting any grants if they themselves, a relative, or spouse is a director, officer or trustee of the not-for-profit or organization

receiving any grant. Legislators, their spouses and relatives are also banned from having a financial interest in or receiving any financial benefit from a grant. The attorney general and any district attorney will have jurisdiction to investigate and prosecute the prohibitions,

Finally, real campaign finance reform will be enacted in regards to the Public Officers and Election Law to reduce public corruption. The categories of value or amounts on the annual statements of financial disclosure filed in all three branches of state government are disclosed to the public upon release. Current provisions in law and rules allow this information to be redacted. A question is also added to the annual statement of financial disclosure requiring the reporting individual to disclose relationships with non-profits. Finally, candidates for public office and their spouse or domestic partner are required to report gifts or loans for the twelve months preceding a candidate designation.

Although the New York State Legislature has many dedicated and hardworking members, this legislation will help clarify ethics laws, while providing stricter penalties and measures of enforcement

Legislative history

New legislation.

Fiscal implications

None

Effective date

This act shall take effect immediately.