Relates to filing requirements for the annual statement of financial disclosure

4 Co-sponsors

• Tony Avella
• David Carlucci
• Jeffrey D. Klein
• Diane J. Savino

BILL NUMBER:S4684

Title of bill

An act to amend the public officers law, in relation to filing requirements for the annual statement of financial disclosure

Purpose or general idea of bill

The purpose of this legislation is to require the filing of financial disclosure statements.

Summary of specific provisions

Section 1. Subdivision 3 of section 73-a of the Public Officers Law is amended by adding a new paragraph (a-1) to read as follows:

(a-1) The provisions of paragraph (a) of this subdivision shall apply to every statewide elected official, state officer or employee, member of the legislature, legislative employee and political party chairman and every candidate for statewide elected office or for member of the legislature:

(i) who was such a statewide elected official, state officer or employee, member of the legislature, legislative employee, political party chairman or candidate for statewide elected office or for member of the legislature for any portion of the calendar year; and

(ii) whether or not such statewide elected official, state officer or employee, member of the legislature, legislative employee, political party chairman or candidate for statewide elected office or member of the legislature is in office, is employed, is a candidate or is otherwise serving in any capacity on the 15th day of May following the year for which an annual statement of financial disclosure is required to be filed.

Section 2. This at shall take effect immediately.

Justification

Currently, members of the New York State Legislature are required to file under both the Legislative Ethics Law and the Public Officers Law as created by JCOPE. By May 15th of each year a completed financial disclosure statement is received by the Legislative Ethics Commission, which then files the same information with JCOPE. That form requires the disclosure of activities, finances and assets that may indicate financial improprieties or conflicts of interest.

The current law has been interpreted to not require disclosure by individuals no longer serving in the legislature on May 15th of the following year. This allows members of the legislature to serve an entire year or more without the accountability required by the disclosure law.

A review of the JCOPE filings indicates that no member of the state legislature who retired in 2012, or lost running for re-election, or ran for another office and lost, completed 2013 financial disclosures by May 15, 2-13 and still have done so.

In early 2014, there were 11 vacancies in the state legislature that occurred on or before December 31, 2013, and another who left service prior to the May 5, 2014 deadline. Several of them left due to criminal, or other ethical charges having been brought, and none of the individuals who occupied those seats are required to disclose their potential improprieties and conflicts of interest while in office.

Therefore, the current state of the law is such that an elected official can decide early in the last year of their term to retire, knowing that they will not have to complete the ethical obligation of JCOPE and the Legislative Commission on Ethics when they are finished.

This legislation would close that loophole in the law, and require completed ethical disclosure forms for each and every day that a statewide elected official or a member of the state legislature serves in that office.

Prior legislative history

A. 9588 and S. 7135 of 2013/2014

Fiscal implications

There are no fiscal implementations associated with the passage of this legislation.

Effective date

This act shall take effect immediately.