What's happening
This bill restricts individuals and entities contracting with state or local agencies from representing other clients before those agencies during the contract period.
Why it matters
Targets potential conflicts of interest. by prohibiting contractors from representing other clients before the same state, city, or municipal agency during the contract period, aiming to ensure that those being paid by the government are not also lobbying or advocating for private interests to those agencies.
Expands ethical restrictions beyond government employees. to include private entities and individuals who have contracts with government agencies, closing a loophole that previously allowed contractors to leverage insider access for private gain.
Includes stricter rules for top government bodies. if a contract is with the mayor’s office, city council, or a municipality’s chief executive or legislative body, the restriction applies to all agencies or departments under their jurisdiction, not just the one contracted with, thereby broadening the scope of the ban for high-level contracts.
Could impact professionals such as lawyers, consultants, and lobbyists. who often work with government agencies and may have to choose between pursuing government contracts and representing private clients before those agencies, potentially changing how these professionals structure their business relationships.
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Who cares
Headline styles
Limit Contractor Agency Access
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
2 Co-sponsors
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.357
- Referred to investigations and government operations
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 61–1
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.639
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
965
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sens. MURPHY, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law and the New York city charter, in relation to contracts involving state agencies; and to amend the general municipal law, in relation to restrictions on appearance before a municipal department or agency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph iv of paragraph (g) of subdivision 2 of section 87 of the public officers law, as added by chapter 510 of the laws of 1999, is amended and a new subparagraph v is added to read as follows:
iv. external audits, including but not limited to audits performed by the comptroller and the federal government; [or]
v. materials exchanged between an agency and any entity not defined as an agency pursuant to this article that has not been retained by formal contract or agreement; or
§ 2. Subdivision 7 of section 73 of the public officers law is amended by adding a new paragraph (a-1) to read as follows:
(a-1) The provisions of this subdivision shall also apply to any person or entity contracting with a state agency for the period which the contract remains in effect.
§ 3. Paragraph 6 of subdivision b of section 2604 of the New York city charter, as added by a vote of the people of the city of New York at the general election held in November of 1988, is amended to read as follows:
6. (a) No public servant shall, for compensation, represent private interests before any city agency or appear directly or indirectly on behalf of private interests in matters involving the city. For a public
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02316-01-7
S. 965 2
servant who is not a regular employee, this prohibition shall apply only to the agency served by the public servant.
(b) No person or entity not defined as a public servant for purposes of this charter who contracts with a city agency shall thereafter be authorized to appear before any such agency for any other client for a fee until after the expiration of such contract; provided, however, that if such contract is with the office of the mayor, or city council, such person or entity shall be prohibited from appearing before any agency for any other client for a fee until after the expiration of such contract.
§ 4. The general municipal law is amended by adding a new section 801-a to read as follows:
§ 801-a. Restrictions on appearance before a municipal department or agency. 1. No municipal officer or employee shall, for compensation, represent private interests before any municipal agency or appear directly or indirectly on behalf of private interests in matters involving the respective municipality. For a municipal officer or employee who is not a regular employee, this prohibition shall apply only to the department or agency served by the municipal officer or employee.
2. No person or entity that is not defined as a municipal officer or employee for purposes of this article who contracts with a municipal agency or department shall thereafter be authorized to appear before any such municipal agency or department for any other client for a fee until after the expiration of such contract; provided, however, that if such contract is with the chief executive officer, or the controlling legislative body of the municipality, such person or entity shall be prohibited from appearing before any municipal department or agency of the respective municipality for any other client for a fee until after the expiration of such contract.
§ 5. This act shall take effect on the forty-fifth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law and the New York city charter, in relation to contracts involving state agencies; and to amend the general municipal law, in relation to restrictions on appearance before a municipal department or agency
Purpose
This legislation would clarify who are subject to the inter and intra agency exception pursuant to the Freedom of Information Law and limit the ability of private contractors with State and Municipal Agencies from representing clients before those agencies while such a contract is in effect.
Summary of provisions
Section one modifies the public officers law to limit the inter/intra agency exception from applying to materials exchanged between state/municipal entities and non-state/municipal entities where no contract exists.
Section two limits the ability of private contractors with state agencies from being authorized to appear before those same agencies on behalf of a private client.
Section three limits the ability of private contractors with New York City agencies from being authorized to appear before those same agencies on behalf of a private client. Additionally, where such contract is with the Mayor or City Council, such private contractors would be wholly restricted from appearing before all city agencies on behalf of private clients until the term of the contract has ended.
Section four would prohibit municipal employees or officers from appearing in front of the same municipality on behalf of private clients or interests and limits the ability of private contractors with municipal departments or agencies from being authorized to appear before those same departments or agencies on behalf of a private client. Additionally, where such contract is with the Chief Executive or the legislative body of such municipality, such private contractors would be wholly restricted from appearing before all municipal agencies or departments on behalf of private clients until the term of the contract has ended.
Section five of the legislation is the effective date.
Justification
This legislation is necessary to clarify when the inter/intra agency exception applies for purposes of FOIL in order to limit this exceptions application to materials and communications between a state or municipal entity and a non-contracted third party. Previous abuses have occurred in relation to the application of this exception that necessitate modification.
Additionally, this legislation would criminalize the representation of clients before the state and municipalities where the representing party has contracted with a state/municipal agency or department to provide services. This legislation is necessary to explicitly establish the conflict that exists as a product of these contracts in order to restore the public trust.
Legislative history
2016: S.8014 - Passed Senate
Fiscal implications
There are no costs to the state or localities.
Effective date
This act shall take effect on the forty-fifth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.