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S979Senate2019-2020 SessionSame asA3841

Require Online Financial Disclosures

Official title

“Relates to electronic financial disclosures of members and candidates of the legislature and requires creation of electronic version of disclosure statement”

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 file their annual financial disclosures electronically in a readable, searchable, and downloadable format.

Why it matters

  1. Enhances public transparency and accountability. by requiring legislators and legislative candidates to submit their financial disclosures in formats that allow the public, press, and watchdog groups to easily search, analyze, and download data—making it much harder to conceal conflicts of interest or questionable financial ties.

  2. Facilitates oversight and investigative work. by standardizing the format of disclosures, so ethics commissions, journalists, and the public can more efficiently review and compare financial information across legislators and over time, potentially uncovering trends or patterns of concern.

  3. Modernizes government disclosure practices. by mandating the use of electronic, machine-readable forms rather than outdated paper or non-searchable PDFs, aligning New York with best practices in data accessibility and open government.

  4. Promotes timely compliance and user accessibility. by directing the Joint Commission on Public Ethics to provide an editable, searchable version of the disclosure form to all filers by a set date, reducing administrative barriers and supporting accurate, up-to-date reporting.

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Who cares

Headline styles

Require Online Financial Disclosures

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. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.597
  6. 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.

A3841Assembly

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

979

2019-2020 Regular Sessions

IN SENATE

January 9, 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 electronic financial disclosures of members and candidates of the legislature

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

Section 1. 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 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:

§ 2. 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

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

[ ] is old law to be omitted.

LBD00588-01-9

S. 979 2

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.

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

____________________________________________________________________

____________________________________________________________________

S. 979 3

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

(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

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

S. 979 4

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)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

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.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

S. 979 5

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;

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

(iii) A grant obtained through a legislative initiative during the reporting period; or

(iv) A case, proceeding, application or other matter that is not a ministerial matter before a state agency during the reporting period.

For purposes of this question, "referred to the firm" shall mean: having intentionally and knowingly taken a specific act or series of acts to intentionally procure for the reporting individual's firm or knowingly solicit or direct to the reporting individual's firm in whole or substantial part, a person or entity that becomes a client of that firm for the purposes of representation for a matter as defined in subparagraphs (i) through (iv) of this paragraph, as the result of such procurement, solicitation or direction of the reporting individual. A reporting individual need not disclose activities performed while lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivision seven of section seventy-three of this article.

The disclosure requirement in this question shall not require disclosure of clients or customers receiving medical or dental services, mental health services, residential real estate brokering services, or

S. 979 6

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 electronic financial disclosures of members and candidates of the legislature

Purpose or general idea of bill

The purpose of this legislation is to increase transparency and accessi- bility of financial disclosure statements for constituents and the elec- torate to easily access them and search their contents.

Summary of specific provisions

Section 1 of the bill amends Section 73-a (2) of the Public Officers Law by adding

Section 2 of the bill adds a paragraph (b) that requires JCOPE to make available an editable, electronic, readable, and searchable version of the annual statement of financial disclosure to anyone required to submit such forms.

Section 3 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.

I applaud the intent of the act for its efforts to restore public confi- dence in our government by requiring the disclosure of outside income sources of elected officials. Posting the statements on JCOPE's website is a step in the right direction; however providing the statements in a searchable format allows the public to access the information with ease.

Prior legislative history

2017/2018: S.5477 Referred to Finance

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately. Section one shall take effect on January 1, 2021.

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