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S1007Senate2019-2020 SessionSame asA3824

Post Legislator Finances Online

Official title

“Requires legislators and candidates for member of the legislature to provide a link to their financial disclosure statements on their official state and campaign websites”

Sponsor Neil D. BreslinSD-44Affects Finance
Status
In Senate Committee
Finance
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Finance

What's happening

This bill requires New York legislators and legislative candidates to post a visible link to their financial disclosure statements on their official and campaign websites, and mandates electronic, searchable filing of these disclosures.

Why it matters

  1. Strengthens public access to lawmakers’ finances. by requiring legislators and candidates to post a prominent "MY FINANCIAL DISCLOSURE STATEMENTS" link on the front page of their official and campaign websites, making it easier for voters and watchdogs to find and review financial interests and potential conflicts.

  2. Mandates digital, searchable filings. for legislative financial disclosures, ensuring these statements are not just available, but also in a format that allows for easy searching, downloading, and analysis by the public, journalists, and ethics agencies.

  3. Increases accountability and transparency. by removing barriers to accessing financial information, which can deter unethical behavior, shine light on outside income or business relationships, and help the public hold elected officials to higher ethical standards.

  4. Pushes modernization in government ethics compliance. by requiring the state’s ethics commission to provide all filers with an electronic, editable, and searchable disclosure form by a set deadline, supporting a standardized system and reducing the chance of technical loopholes or delays.

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Who cares

Headline styles

Post Legislator Finances Online

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Neil D. Breslin

Senator · Senate District 44

Chair, Insurance

No co-sponsors yet.

History

  1. Referred to finance
  2. Referred to finance

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.

A3824Assembly

Require Online Financial Disclosures

In Assembly Committee · Governmental Operations · Sponsor John T. McDonald III

Impact 4 · Low0% to pass

Full text

20 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1007

2019-2020 Regular Sessions

IN SENATE

January 10, 2019

Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the public officers law, in relation to requiring legislators and candidates for member of the legislature to provide a link to their financial disclosure statements on their official state and campaign websites

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The opening paragraph of paragraph (k) of subdivision 2 of section 73-a of the public officers law is designated subparagraph (i) and two new subparagraphs (ii) and (iii) are added to read as follows:

(ii) Notwithstanding any other provision of law to the contrary, all members of the legislature who maintain any state website for service in their official capacity shall establish a clearly visible link entitled "MY FINANCIAL DISCLOSURE STATEMENTS" on the front page of their website which shall direct website visitors to current and past financial disclosure forms that the legislator has submitted to the joint commission on public ethics.

(iii) Notwithstanding any other provision of law to the contrary, every candidate for member of the legislature who maintains any website for service in their official campaign capacity shall establish a clearly visible link entitled "MY FINANCIAL DISCLOSURE STATEMENTS" on the front page of their campaign website which shall direct visitors to current and past financial disclosure forms that the candidate has submitted to the joint commission on public ethics, in accordance with paragraph (a) of this subdivision.

§ 2. The opening paragraph of paragraph (a) of subdivision 2 of section 73-a of the public officers law, as amended by section 5 of part A of chapter 399 of the laws of 2011, is amended to read as follows:

Every statewide elected official, state officer or employee, member of the legislature, legislative employee and political party chairman and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00499-01-9

S. 1007 2

every candidate for statewide elected office or for member of the legislature shall file an annual statement of financial disclosure containing the information and in the form set forth in subdivision three of this section. Every member of the legislature and candidate for member of the legislature must file their annual statement of financial disclosure electronically in an electronic, readable, searchable and downloadable format. On or before the fifteenth day of May with respect to the preceding calendar year: (1) every member of the legislature, every candidate for member of the legislature and legislative employee shall file such statement with the legislative ethics commission which shall provide such statement along with any requests for exemptions or deletions to the joint commission on public ethics for filing and rulings with respect to such requests for exemptions or deletions, on or before the thirtieth day of June; and (2) all other individuals required to file such statement shall file it with the joint commission on public ethics, except that:

§ 3. Subdivision 3 of section 73-a of the public officers law, as amended by section 5 of part A of chapter 399 of the laws of 2011, paragraph 8 as amended by section 6 of part K of chapter 286 of the laws of 2016 and paragraph 13 as amended by section 1 of part CC of chapter 56 of the laws of 2015, is amended to read as follows:

3. (a) The annual statement of financial disclosure shall contain the information and shall be in the form set forth hereinbelow:

ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)

1. Name ______________________________________________________________

2. (a) Title of Position _____________________________________________

(b) Department, Agency or other Governmental Entity _______________

(c) Address of Present Office _____________________________________

(d) Office Telephone Number _______________________________________

3. (a) Marital Status ______________. If married, please give spouse's

full name including maiden name where applicable.

_____________________________________________________________ .

(b) List the names of all unemancipated children.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Answer each of the following questions completely, with respect to

calendar year _________, unless another period or date is otherwise

specified. If additional space is needed, attach additional pages.

Whenever a "value" or "amount" is required to be reported herein, such value or amount shall be reported as being within one of the following Categories in Table I or Table II of this subdivision as called for in the question: A reporting individual shall indicate the Category by letter only.

Whenever "income" is required to be reported herein, the term "income" shall mean the aggregate net income before taxes from the source identified.

S. 1007 3

The term "calendar year" shall mean the year ending the December 31st preceding the date of filing of the annual statement.

4. (a) List any office, trusteeship, directorship, partnership, or

position of any nature, whether compensated or not, held by the

reporting individual with any firm, corporation, association, part-

nership, or other organization other than the State of New York.

Include compensated honorary positions; do NOT list membership or

uncompensated honorary positions. If the listed entity was licensed

by any state or local agency, was regulated by any state regulatory

agency or local agency, or, as a regular and significant part of the

business or activity of said entity, did business with, or had

matters other than ministerial matters before, any state or local

agency, list the name of any such agency.

State or

Position Organization Local Agency

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

(b) List any office, trusteeship, directorship, partnership, or position

of any nature, whether compensated or not, held by the spouse or

unemancipated child of the reporting individual, with any firm,

corporation, association, partnership, or other organization other

than the State of New York. Include compensated honorary positions;

do NOT list membership or uncompensated honorary positions. If the

listed entity was licensed by any state or local agency, was regu-

lated by any state regulatory agency or local agency, or, as a regu-

lar and significant part of the business or activity of said entity,

did business with, or had matters other than ministerial matters

before, any state or local agency, list the name of any such agency.

State or

Position Organization Local Agency

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

5. (a) List the name, address and description of any occupation,

employment (other than the employment listed under Item 2 above),

trade, business or profession engaged in by the reporting individ-

ual. If such activity was licensed by any state or local agency, was

regulated by any state regulatory agency or local agency, or, as a

regular and significant part of the business or activity of said

entity, did business with, or had matters other than ministerial

matters before, any state or local agency, list the name of any such

agency.

State or

S. 1007 4

Name & Address Local

Position of Organization Description Agency

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

(b) If the spouse or unemancipated child of the reporting individual was

engaged in any occupation, employment, trade, business or profession

which activity was licensed by any state or local agency, was regu-

lated by any state regulatory agency or local agency, or, as a regu-

lar and significant part of the business or activity of said entity,

did business with, or had matters other than ministerial matters

before, any state or local agency, list the name, address and

description of such occupation, employment, trade, business or

profession and the name of any such agency.

State or

Name & Address Local

Position of Organization Description Agency

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

6. List any interest, in EXCESS of $1,000, held by the reporting indi-

vidual, such individual's spouse or unemancipated child, or partner-

ship of which any such person is a member, or corporation, 10% or

more of the stock of which is owned or controlled by any such

person, whether vested or contingent, in any contract made or

executed by a state or local agency and include the name of the

entity which holds such interest and the relationship of the report-

ing individual or such individual's spouse or such child to such

entity and the interest in such contract. Do NOT include bonds and

notes. Do NOT list any interest in any such contract on which final

payment has been made and all obligations under the contract except

for guarantees and warranties have been performed, provided, howev-

er, that such an interest must be listed if there has been an ongo-

ing dispute during the calendar year for which this statement is

filed with respect to any such guarantees or warranties. Do NOT list

any interest in a contract made or executed by a local agency after

public notice and pursuant to a process for competitive bidding or a

process for competitive requests for proposals.

Entity Relationship Contracting Category

Self, Which Held to Entity State or of

Spouse or Interest in and Interest Local Value of

Child Contract in Contract Agency Contract

(In Table II)

____________________________________________________________________

____________________________________________________________________

S. 1007 5

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

7. List any position the reporting individual held as an officer of any

political party or political organization, as a member of any poli-

tical party committee, or as a political party district leader. The

term "party" shall have the same meaning as "party" in the election

law. The term "political organization" means any party or independ-

ent body as defined in the election law or any organization that is

affiliated with or a subsidiary of a party or independent body.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

8. (a) If the reporting individual practices law, is licensed by the department of state as a real estate broker or agent or practices a profession licensed by the department of education, or works as a member or employee of a firm required to register pursuant to section one-e of the legislative law as a lobbyist, describe the services rendered for which compensation was paid including a general description of the principal subject areas of matters undertaken by such individual and principal duties performed. Specifically state whether the reporting individual provides services directly to clients. Additionally, if such an individual practices with a firm or corporation and is a partner or shareholder of the firm or corporation, give a general description of principal subject areas of matters undertaken by such firm or corporation.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

(b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN:

If the reporting individual personally provides services to any person or entity, or works as a member or employee of a partnership or corporation that provides such services (referred to hereinafter as a "firm"), then identify each client or customer to whom the reporting individual personally provided services, or who was referred to the firm by the reporting individual, and from whom the reporting individual or his or her firm earned fees in excess of $10,000 during the reporting period for such services rendered in direct connection with:

(i) A contract in an amount totaling $50,000 or more from the state or any state agency for services, materials, or property;

S. 1007 6

(ii) A grant of $25,000 or more from the state or any state agency during the reporting period;

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, in relation to requiring legis- lators and candidates for member of the legislature to provide a link to their financial disclosure statements on their official state and campaign websites

Purpose or general idea of bill

The purpose of this legislation is to increase transparency and to educate the public about who represents them by requiring members of the legislature and candidates for such elected office to post their finan- cial disclosure statements in visible domains for constituents and the electorate to easily access them.

Summary of specific provisions

Section 1 of the bill amends Section 73-a (2) of the Public Officers Law by adding new subparagraphs (ii) and (iii), which would require every member of the legislature and legislative candidate who maintain any website for service in their official state or campaign capacities to post their annual financial disclosure statements on such websites.

Section 2 of the bill establishes the effective date.

Justification

The Public Integrity Reform Act of 2011 required New York State govern- ment officials and State legislative candidates to file financial disclosure statements to the Joint Commission on Public Ethics (JCOPE) on an annual basis. The financial disclosure statements must be submit- ted to JCOPE by May 15 of each calendar year, where they are thoroughly review by the commission. After the commission approves the statements for public posting, JCOPE is required to post such statements on their website by June 30 of each calendar year. The intent of the act was to comprehensively reform both the requirements and enforcement of public ethics in the state.

The intent of the act is laudable for its efforts to restore public confidence in our government by requiring the disclosure of outside income sources of elected officials. However, there appears to be a gap between the posting of statements on JCOPE's website and the accessibil- ity for the public to find such statements.

This legislation seeks to remedy the issue by requiring State legisla- tors and State legislative candidates to post their annual financial disclosure forms, which have already been reviewed and approved by JCOPE for public posting, on their official state and campaign websites. It is vital to increase the transparency of our government and to educate constituents and the electorate about who represents them. Access to the outside income of our elected officials and candidates for such offices will promote the much-needed public trust in this state.

Prior legislative history

2017/2018: S.4726 Referred to Finance

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.