What's happening
This bill prohibits certain public officials and political party leaders with significant business interests from receiving compensation for services performed for state or local authorities.
Why it matters
Targets potential conflicts of interest by restricting public officials and party leaders with substantial business ownership from financially benefiting through contracts with state or local authorities. This specifically addresses legal, consulting, or other service fees, reducing the risk of self-dealing or insider advantage.
Extends coverage to services that are "actually performed or not,". closing loopholes where officials or their businesses could be compensated for nominal or sham work, thereby strengthening anti-corruption measures.
Introduces substantial civil penalties for violations,. including fines up to $40,000 and forfeiture of ill-gotten gains. This creates a strong deterrent and signals serious enforcement intent.
May affect how business-owning officials and party leaders interact with public authorities,. potentially restricting lucrative sideline work and forcing clearer separation between public service and private business interests, which could influence who seeks or holds office.
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Who cares
Headline styles
Ban Officials' Agency Payments
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Print number 3018b
- Amend and recommit to governmental operations
- Print number 3018a
- Amend and recommit 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 Officials' Agency Payments
In Senate Committee · Ethics And Internal Governance · Sponsor Todd Kaminsky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3018--B
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. SOLAGES -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public officers law and the public authorities law, in relation to prohibiting certain persons from receiving compensation for legal fees, consulting, or other work performed for an industrial development agency or an economic assistance corporation
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 to read as follows:
18. No statewide elected official, state officer or employee, member of the legislature, legislative employee or political party chairman as defined in this section and section seventy-three-a of this article who: (i) owns or controls directly or indirectly ten per centum or more of stock in a corporation or limited liability company; or (ii) owns or controls ten per centum or more of the capital, profits, or beneficial interest in a partnership or firm, shall receive compensation for legal fees, consulting, or any other contractual expenditure for services, whether actually performed or not, from a state or local authority as defined section two of the public authorities law.
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 value of any gift, compensation or benefit received in connection with such violation. Assessment of a civil penalty hereunder shall be made by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03420-05-9
A. 3018--B 2
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. Subdivision 1 of section 2825 of the public authorities law, as amended by chapter 766 of the laws of 2005, is amended to read as follows:
1. No public officer or employee shall be ineligible for appointment as a trustee or member of the governing body of a state or local authority, as defined in section two of this chapter, and any public officer or employee may accept such appointment and serve as such trustee or member without forfeiture of any other public office or position of public employment by reason thereof. Provided, additionally no statewide elected official, state officer or employee, member of the legislature, legislative employee or political party chairman as defined in sections seventy-three and seventy-three-a of the public officers law who: (i) owns or controls directly or indirectly ten per centum or more of stock in a corporation or limited liability company; or (ii) owns or controls ten per centum or more of the capital, profits, or beneficial interest in a partnership or firm, shall receive compensation for legal fees, consulting, or any other contractual expenditure for services, whether actually performed or not, from a state or local authority.
§ 3. 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.