What's happening
This bill prohibits state officials and legislators from directing state funds to entities where they or close associates hold positions.
Why it matters
Targets conflicts of interest by barring state officials and legislators from directing state money to entities where they, their relatives, or close associates (including domestic partners and employees) have official or even unpaid roles. This aims to close a loophole that previously allowed indirect personal or familial benefit from government spending.
Expands the definition of conflict to include not just paid positions but also unpaid or volunteer roles. This addresses the risk of officials circumventing ethics rules through informal involvement or influence in organizations receiving state funds.
Strengthens penalties for violations by including the newly added conflict-of-interest restrictions under the scope of significant civil fines (up to $40,000 plus the value of any benefit received) and potential criminal prosecution. This raises the stakes for ethical breaches and enhances enforcement.
Seeks to restore and preserve public trust in government funding decisions by making it harder for officials to use their positions for private or family gain. This may impact how grants and so-called "member items" are distributed, possibly changing the landscape of state-funded projects and nonprofits.
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Who cares
Headline styles
Ban Lawmaker Self-Dealing Funds
Plain English, a few words. Used as the page title.
Sponsors
30 Co-sponsors
- Amy Paulin
- Robin Schimminger
- Aileen Gunther
- David Buchwald
- Shelley Mayer
- Jeffrey Dinowitz
- Carrie Woerner
- Matthew Titone
- Felix Ortiz
- Clifford Crouch
- Gary Finch
- Joseph Giglio
- Michael J. Fitzpatrick
- Michael Montesano
- David DiPietro
- Luis R. Sepúlveda
- Karl Brabenec
- Brian F. Curran
- Philip Palmesano
- Christopher Friend
- Ellen C. Jaffee
- John T. McDonald III
- Anthony D'Urso
- Andrew Raia
- Mary Beth Walsh
- Kevin M. Byrne
- Kenneth Zebrowski
- Stephen Hawley
- Rebecca Seawright
- Donna Lupardo
History
- Held for consideration in governmental operations
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Self-Dealing for Lawmakers
In Senate Committee · Finance · Sponsor Tony Avella
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6808
2017-2018 Regular Sessions
IN ASSEMBLY
March 17, 2017
Introduced by M. of A. GALEF, PAULIN, SCHIMMINGER, GUNTHER, BUCHWALD, MAYER, DINOWITZ, WOERNER, TITONE, ORTIZ, KEARNS, CROUCH, FINCH, GIGLIO, FITZPATRICK, MONTESANO, DiPIETRO, SEPULVEDA, BRABENEC, CURRAN, PALMESANO, FRIEND -- Multi-Sponsored by -- M. of A. BLANKENBUSH, ENGLEBRIGHT, HAWLEY, KOLB, LAWRENCE, LOPEZ, MAGEE, McDONOUGH, McKEV- ITT, McLAUGHLIN, SIMON, STEC, THIELE -- read once and referred to the Committee on Governmental Operations
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
The People of the State of New York, represented in Senate and Assembly, 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 and renumbered subdivision 19 and a new subdivision 18 is added to read as follows:
18. No statewide elected official or member of the legislature shall obtain any funding through state grants or member items, and subsequently provide such funds to any corporation, partnership, 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.
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 fourteen through [seventeen] eighteen of this section shall be subject to a civil penalty in an amount not to exceed forty thousand dollars and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10588-01-7
A. 6808 2
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 subdivision to the appropriate prosecutor and upon such conviction such violation shall be punishable as a class A misdemeanor.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.