Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to finance |
Feb 26, 2015 |
referred to rules |
Senate Bill S4096
2015-2016 Legislative Session
Requires members of entities providing advice or recommendations to state officers or state agencies to file financial disclosure statements; repealer
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S4096 (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §73-a, rpld sub 1 ¶¶ (e) & (g), amd §74, Pub Off L
2015-S4096 (ACTIVE) - Summary
Requires members of entities providing advice or recommendations to state officers or state agencies to file financial disclosure statements; requires such members to comply with the state code of ethics; requires persons required to file financial disclosure statements to include information on any person they reside with, rather than just their spouse and unemancipated children; requires timely compliance with requirements of this act by members of advisory entities prior to such entities being authorized to provide advice.
2015-S4096 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4096 TITLE OF BILL: An act to amend the public officers law, in relation to financial disclosure by certain members of entities advising or making recommendations to a state officer or state agency, requiring financial disclosure relating to persons residing with a reporting individual and expanding the application of the code of ethics to entities which advise or make recommendations to a state officer or state agency; limiting the power of such entities until certain requirements have been fulfilled; and to repeal paragraphs (e) and (g) of subdivision 1 of section 73-a of the public officers law relating to the definitions of "spouse" and "unemancipated child" PURPOSE: To increase transparency of entities providing advice or recommendations to a state officer, agency, authority or public benefit corporation on the allocation or disbursement of state or federal moneys and ensure that members of such entities, and relatives of the member and people in the member's household, do not have conflicts of interest related to the moneys for which they have advised the state officer, agency, authority, or public benefit corporation. SUMMARY OF PROVISIONS: Section 1 amends the definition of "state officer or employee" in Public Officers Law § 73-a to include any member of an entity created
or in existence at any time during the reporting period to advise or make recommendations to a state officer, agency, authority or public benefit corporation on the allocation or disbursement of state or federal moneys, not already required by law to file such disclosure. Sections 2 and 3 amend Public Officers Law § 73-a to expand the class of individuals that must be included on the Annual Statement of Financial Disclosure to include any person residing in the primary residence of the reporting individual. Section 4 amends Public Officers Law § 74 to expand the definition of "state agency" to include any entity created or in existence to advise or make recommendations to a state officer, agency, authority or public benefit corporation on the allocation or disbursement of state or federal moneys. These entities will now be covered by the State Code of Ethics. Section 5 provides that no member in such an entity will be able to take any action related to such entity until he or she has filed the appropriate financial disclosure form with the Joint Commission on Public Ethics. It also provides that no state officer, agency, authority or public benefit corporation may execute any contract or grant, upon the advice or recommendation of any entity until all members, the members' spouses, the natural or adopted descendants of the members or of the members' spouses, any person sharing the home of any of the foregoing, or any staff member, employee or agent of the members have (1) no direct or indirect financial interest in the requested contract or grant (2) not received and will not receive any direct or indirect financial benefit from the contractor or grantee and (3) no known conflicts of interest as set forth in Public Officers Law § 74. EXISTING LAW: Public Officers Law §§ 73-a and 74 govern financial disclosure and conflict of interest rules for various state officers and employees. JUSTIFICATION: There is a need to increase transparency throughout State and local government. Currently, many individuals who have significant input into the distribution of billions of state funds are not covered by existing financial disclosure and conflict of interest rules. As just one example, over the past four years, the Regional Economic Development Councils (REDC) have provided advice and recommendations on projects that have applied for and been awarded billions of dollars in state funding. On December 11, 2014, it was announced that $709.2 million dollars had been awarded through Round IV of the REDC initiative. The 2015-16 Executive Budget includes recommendations that the REDCs have input into billions of dollars in additional spending. Despite having influence over billions of dollars of state moneys, members of the REDCs do not file any financial disclosure statements nor are they governed by the conflict of interest provisions in the Public Officers Law. LEGISLATIVE HISTORY: New bill FISCAL IMPLICATIONS: None LOCAL FISCAL IMPLICATIONS: None EFFECTIVE DATE: Effective immediately, provided that sections one, two, three and four of this act shall apply to annual statements of financial disclosure filed for calendar years commencing on or after January 1, 2015.
2015-S4096 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4096 2015-2016 Regular Sessions I N S E N A T E February 26, 2015 ___________ Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public officers law, in relation to financial disclosure by certain members of entities advising or making recommen- dations to a state officer or state agency, requiring financial disclosure relating to persons residing with a reporting individual and expanding the application of the code of ethics to entities which advise or make recommendations to a state officer or state agency; limiting the power of such entities until certain requirements have been fulfilled; and to repeal paragraphs (e) and (g) of subdivision 1 of section 73-a of the public officers law relating to the definitions of "spouse" and "unemancipated child" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs (ii) and (iii) of paragraph (c) of subdivi- sion 1 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, are amended and a new subparagraph (iv) is added to read as follows: (ii) officers and employees of statewide elected officials, officers and employees of state departments, boards, bureaus, divisions, commis- sions, councils or other state agencies, who receive annual compensation in excess of the filing rate established by paragraph (l) of this subdi- vision or who hold policy-making positions, as annually determined by the appointing authority and set forth in a written instrument which shall be filed with the joint commission on public ethics established by section ninety-four of the executive law during the month of February, provided, however, that the appointing authority shall amend such writ- ten instrument after such date within thirty days after the undertaking of policy-making responsibilities by a new employee or any other employ- ee whose name did not appear on the most recent written instrument; [and] EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09505-04-5
S. 4096 2 (iii) members or directors of public authorities, other than multi- state authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, and employees of such authorities, corporations and commissions who receive annual compen- sation in excess of the filing rate established by paragraph (l) of this subdivision or who hold policy-making positions, as determined annually by the appointing authority and set forth in a written instrument which shall be filed with the joint commission on public ethics established by section ninety-four of the executive law during the month of February, provided, however, that the appointing authority shall amend such writ- ten instrument after such date within thirty days after the undertaking of policy-making responsibilities by a new employee or any other employ- ee whose name did not appear on the most recent written instrument[.]; AND (IV) FOR THE PURPOSES OF THIS SECTION ONLY, SUCH TERM SHALL ALSO INCLUDE MEMBERS OF ANY ENTITY CREATED OR IN EXISTENCE AT ANY TIME DURING THE REPORTING PERIOD THAT ADVISES OR MAKES RECOMMENDATIONS TO A STATE OFFICER OR STATE AGENCY ON THE ALLOCATION OR DISBURSEMENT OF STATE OR FEDERAL MONEYS, NOT ALREADY REQUIRED BY LAW TO FILE SUCH DISCLOSURE. S 2. Paragraphs (e) and (g) of subdivision 1 of section 73-a of the public officers law are REPEALED. S 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, para- graph 8 as amended by section 37 of subpart A of part H of chapter 55 of the laws of 2014, is amended to read as follows: 3. 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] THE PERSONS RESIDING WITH THE REPORTING INDIVIDUAL IN THE FILER'S PRIMARY RESIDENCE DURING THE REPORTING PERIOD AND THEIR RELATIONSHIP TO THE REPORTING INDIVIDUAL. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 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 S. 4096 3 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 identi- fied. 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] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE 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 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 ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 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 S. 4096 4 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] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE 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 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, 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 ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL, or partnership of which SUCH INDIVIDUAL OR 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 reporting individual or [such individ- ual's spouse or such child] ANY PERSON RESIDING IN THE PRIMARY RESI- DENCE OF THE REPORTING INDIVIDUAL 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, however, that such an interest must be listed if there has been an ongoing 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 S. 4096 5 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 MEMBER OF (In Table II) HOUSEHOLD ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 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, give a general description of the principal subject areas of matters undertaken by such individual. 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, 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: If the reporting individual personally provides services to any person or entity, or works as a member or employee of a partnership or corpo- ration that provides such services (referred to hereinafter as a "firm"), then identify each client or customer to whom the reporting S. 4096 6 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 proposed bill or resolution in the senate or assembly during the reporting period; (ii) A contract in an amount totaling $50,000 or more from the state or any state agency for services, materials, or property; (iii) A grant of $25,000 or more from the state or any state agency during the reporting period; (iv) A grant obtained through a legislative initiative during the reporting period; or (v) 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 (v) 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 subdivi- sion seven of section seventy-three of this article. The disclosure requirement in this question shall not require disclo- sure of clients or customers receiving medical or dental services, mental health services, residential real estate brokering services, or insurance brokering services from the reporting individual or his or her firm. The reporting individual need not identify any client to whom he or she or his or her firm provided legal representation with respect to investigation or prosecution by law enforcement authorities, bankruptcy, or domestic relations matters. With respect to clients represented in other matters, where disclosure of a client's identity is likely to cause harm, the reporting individual shall request an exemption from the joint commission pursuant to paragraph (i) of subdivision nine of section ninety-four of the executive law. Only a reporting individual who first enters public office after July first, two thousand twelve, need not report clients or customers with respect to matters for which the reporting individual or his or her firm was retained prior to enter- ing public office. Client Nature of Services Provided ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN: If the reporting individual receives income of fifty thousand dollars or greater from any employment or activity reportable under question 8(a), identify each registered lobbyist who has directly referred to such individual a client who was successfully referred to the reporting S. 4096 7 individual's business and from whom the reporting individual or firm received a fee for services in excess of ten thousand dollars. Report only these referrals that were made to a reporting individual by direct communication from a person known to such reporting individual to be a registered lobbyist at the time the referral is made. With respect to each such referral, the reporting individual shall identify the regis- tered lobbyist who has made the referral, the category of value of the compensation received and a general description of the type of matter so referred. 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 disclo- sure requirements 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 insurance brokering services from the reporting individual or his or her firm. The reporting individual need not identify any client to whom he or she or his or her firm provided legal representation with respect to investi- gation or prosecution by law enforcement authorities, bankruptcy, or domestic relations matters. With respect to clients represented in other matters, the reporting individual shall request an exemption from the joint commission, which shall be granted for good cause shown. For the purposes of this question, good cause may be shown by circumstances including, but not limited to, where disclosure of a client's identity would reveal trade secrets or have a negative impact on the client's business interests, would cause embarrassment for the client, could reasonably result in retaliation against the client, or would tend to reveal non-public matters regarding a criminal investigation. Only a reporting individual who first enters public office after January first, two thousand fifteen, need not report clients or customers with respect to matters for which the reporting individual or his or her firm was retained prior to entering public office. Client Name of Lobbyist Category of Amount (in Table 1) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (d) List the name, principal address and general description or the nature of the business activity of any entity in which the reporting individual or such [individual's spouse] PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL had an investment in excess of $1,000 excluding investments in securities and interests in real proper- ty. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 9. List each source of gifts, EXCLUDING campaign contributions, in EXCESS of $1,000, received during the reporting period for which this statement is filed by the reporting individual or [such indi- vidual's spouse or unemancipated child] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL from the same donor, S. 4096 8 EXCLUDING gifts from a relative. INCLUDE the name and address of the donor. The term "gifts" does not include reimbursements, which term is defined in item 10. Indicate the value and nature of each such gift. Category Self[, of Spouse] or Name of Nature Value of [Child] Donor Address of Gift Gift MEMBER OF (In Table I) HOUSEHOLD ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 10. Identify and briefly describe the source of any reimbursements for expenditures, EXCLUDING campaign expenditures and expenditures in connection with official duties reimbursed by the state, in EXCESS of $1,000 from each such source. For purposes of this item, the term "reimbursements" shall mean any travel-related expenses provided by nongovernmental sources and for activities related to the reporting individual's official duties such as, speaking engagements, confer- ences, or factfinding events. The term "reimbursements" does NOT include gifts reported under item 9. Source Description ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 11. List the identity and value, if reasonably ascertainable, of each interest in a trust, estate or other beneficial interest, including retirement plans (other than retirement plans of the state of New York or the city of New York), and deferred compensation plans (e.g., 401, 403(b), 457, etc.) established in accordance with the internal revenue code, in which the REPORTING INDIVIDUAL held a beneficial interest in EXCESS of $1,000 at any time during the preceding year. Do NOT report interests in a trust, estate or other beneficial interest established by or for, or the estate of, a rela- tive. Category Identity of Value* (In Table II) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ S. 4096 9 * The value of such interest shall be reported only if reasonably ascertainable. 12. (a) Describe the terms of, and the parties to, any contract, prom- ise, or other agreement between the reporting individual and any person, firm, or corporation with respect to the employment of such individual after leaving office or position (other than a leave of absence). ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ (b) Describe the parties to and the terms of any agreement providing for continuation of payments or benefits to the REPORTING INDIVIDUAL in EXCESS of $1,000 from a prior employer OTHER THAN the State. (This includes interests in or contributions to a pension fund, profit-sharing plan, or life or health insurance; buy-out agree- ments; severance payments; etc.) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 13. List below the nature and amount of any income in EXCESS of $1,000 from EACH SOURCE for the reporting individual and [such individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORT- ING INDIVIDUAL for the taxable year last occurring prior to the date of filing. Nature of income includes, but is not limited to, all income (other than that received from the employment listed under Item 2 above) from compensated employment whether public or private, directorships and other fiduciary positions, contractual arrange- ments, teaching income, partnerships, honorariums, lecture fees, consultant fees, bank and bond interest, dividends, income derived from a trust, real estate rents, and recognized gains from the sale or exchange of real or other property. Income from a business or profession and real estate rents shall be reported with the source identified by the building address in the case of real estate rents and otherwise by the name of the entity and not by the name of the individual customers, clients or tenants, with the aggregate net income before taxes for each building address or entity. The receipt of maintenance received in connection with a matrimonial action, alimony and child support payments shall not be listed. Self/ Category [Spouse] Source Nature of Amount MEMBER OF (In Table I) HOUSEHOLD ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ S. 4096 10 ____________________________________________________________________ ____________________________________________________________________ 14. List the sources of any deferred income (not retirement income) in EXCESS of $1,000 from each source to be paid to the reporting indi- vidual following the close of the calendar year for which this disclosure statement is filed, other than deferred compensation reported in item 11 hereinabove. Deferred income derived from the practice of a profession shall be listed in the aggregate and shall identify as the source, the name of the firm, corporation, partner- ship or association through which the income was derived, but shall not identify individual clients. Category Source of Amount (In Table I) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 15. List each assignment of income in EXCESS of $1,000, and each trans- fer other than to a relative during the reporting period for which this statement is filed for less than fair consideration of an interest in a trust, estate or other beneficial interest, securities or real property, by the reporting individual, in excess of $1,000, which would otherwise be required to be reported herein and is not or has not been so reported. Item Assigned Assigned or Category or Transferred Transferred to of Value (In Table I) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 16. List below the type and market value of securities held by the reporting individual or [such individual's spouse] ANY PERSON RESID- ING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL from each issuing entity in EXCESS of $1,000 at the close of the taxable year last occurring prior to the date of filing, including the name of the issuing entity exclusive of securities held by the reporting individual issued by a professional corporation. Whenever an inter- est in securities exists through a beneficial interest in a trust, the securities held in such trust shall be listed ONLY IF the reporting individual has knowledge thereof except where the report- ing individual or [the reporting individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL has transferred assets to such trust for his or her benefit in which event such securities shall be listed unless they are not ascertain- able by the reporting individual because the trustee is under an S. 4096 11 obligation or has been instructed in writing not to disclose the contents of the trust to the reporting individual. Securities of which the reporting individual or [the reporting individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORT- ING INDIVIDUAL is the owner of record but in which such individual or [the reporting individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL has no beneficial interest shall not be listed. Indicate percentage of ownership ONLY if the reporting person or [the reporting person's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL holds more than five percent (5%) of the stock of a corporation in which the stock is publicly traded or more than ten percent (10%) of the stock of a corporation in which the stock is NOT publicly trad- ed. Also list securities owned for investment purposes by a corpo- ration more than fifty percent (50%) of the stock of which is owned or controlled by the reporting individual or [such individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORT- ING INDIVIDUAL. For the purpose of this item the term "securities" shall mean mutual funds, bonds, mortgages, notes, obligations, warrants and stocks of any class, investment interests in limited or general partnerships and certificates of deposits (CDs) and such other evidences of indebtedness and certificates of interest as are usually referred to as securities. The market value for such secu- rities shall be reported only if reasonably ascertainable and shall not be reported if the security is an interest in a general partner- ship that was listed in item 8 (a) or if the security is corporate stock, NOT publicly traded, in a trade or business of a reporting individual or [a reporting individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL. Percentage of corporate stock owned or controlled Category of (if more than Market Value 5% of pub- as of the close licly traded of the stock, or taxable year more than last occurring 10% if stock prior to Self/ Issuing Type of not publicly the filing of [Spouse]Entity Security traded, is held) this statement MEMBER OF (In Table II) HOUSEHOLD ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 17. List below the location, size, general nature, acquisition date, market value and percentage of ownership of any real property in which any vested or contingent interest in EXCESS of $1,000 is held by the reporting individual or [the reporting individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDI- S. 4096 12 VIDUAL. Also list real property owned for investment purposes by a corporation more than fifty percent (50%) of the stock of which is owned or controlled by the reporting individual or such [individ- ual's spouse] PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL. Do NOT list any real property which is the primary or secondary personal residence of the reporting individual or [the reporting individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL, except where there is a co-owner who is other than a relative. Category Self/ of [Spouse] Market MEMBER OF Percentage (In HOUSEHOLD/ General Acquisition of Table Corporation Location Size Nature Date Ownership II) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 18. List below all notes and accounts receivable, other than from goods or services sold, held by the reporting individual at the close of the taxable year last occurring prior to the date of filing and other debts owed to such individual at the close of the taxable year last occurring prior to the date of filing, in EXCESS of $1,000, including the name of the debtor, type of obligation, date due and the nature of the collateral securing payment of each, if any, excluding securities reported in item 16 hereinabove. Debts, notes and accounts receivable owed to the individual by a relative shall not be reported. Type of Obligation, Category Date Due, and Nature of Name of Debtor of Collateral, if any Amount (In Table II) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 19. List below all liabilities of the reporting individual and [such individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL, in EXCESS of $10,000 as of the date of filing of this statement, other than liabilities to a relative. Do NOT list liabilities incurred by, or guarantees made by, the report- ing individual or [such individual's spouse] ANY PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL or by any proprie- torship, partnership or corporation in which the reporting individ- ual or such [individual's spouse] PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL has an interest, when incurred or made in the ordinary course of the trade, business or profes- S. 4096 13 sional practice of the reporting individual or such [individual's spouse] PERSON RESIDING IN THE PRIMARY RESIDENCE OF THE REPORTING INDIVIDUAL. Include the name of the creditor and any collateral pledged by such individual to secure payment of any such liability. A reporting individual shall not list any obligation to pay mainte- nance in connection with a matrimonial action, alimony or child support payments. Any loan issued in the ordinary course of business by a financial institution to finance educational costs, the cost of home purchase or improvements for a primary or secondary residence, or purchase of a personally owned motor vehicle, household furniture or appliances shall be excluded. If any such reportable liability has been guaranteed by any third person, list the liability and name the guarantor. Category Name of Creditor Type of Liability of or Guarantor and Collateral, if any Amount (In Table II) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ The requirements of law relating to the reporting of financial interests are in the public interest and no adverse inference of unethical or illegal conduct or behavior will be drawn merely from compliance with these requirements. ___________________________________ _________________________ (Signature of Reporting Individual) Date (month/day/year) TABLE I Category A none Category B $ 1 to under $ 1,000 Category C $ 1,000 to under $ 5,000 Category D $ 5,000 to under $ 20,000 Category E $ 20,000 to under $ 50,000 Category F $ 50,000 to under $ 75,000 Category G $ 75,000 to under $ 100,000 Category H $ 100,000 to under $ 150,000 Category I $ 150,000 to under $ 250,000 Category J $ 250,000 to under $ 350,000 Category K $ 350,000 to under $ 450,000 Category L $ 450,000 to under $ 550,000 Category M $ 550,000 to under $ 650,000 Category N $ 650,000 to under $ 750,000 Category O $ 750,000 to under $ 850,000 Category P $ 850,000 to under $ 950,000 Category Q $ 950,000 to under $1,050,000 Category R $1,050,000 to under $1,150,000 Category S $1,150,000 to under $1,250,000 Category T $1,250,000 to under $1,350,000 Category U $1,350,000 to under $1,450,000 Category V $1,450,000 to under $1,550,000 S. 4096 14 Category W $1,550,000 to under $1,650,000 Category X $1,650,000 to under $1,750,000 Category Y $1,750,000 to under $1,850,000 Category Z $1,850,000 to under $1,950,000 Category AA $1,950,000 to under $2,050,000 Category BB $2,050,000 to under $2,150,000 Category CC $2,150,000 to under $2,250,000 Category DD $2,250,000 to under $2,350,000 Category EE $2,350,000 to under $2,450,000 Category FF $2,450,000 to under $2,550,000 Category GG $2,550,000 to under $2,650,000 Category HH $2,650,000 to under $2,750,000 Category II $2,750,000 to under $2,850,000 Category JJ $2,850,000 to under $2,950,000 Category KK $2,950,000 to under $3,050,000 Category LL $3,050,000 to under $3,150,000 Category MM $3,150,000 to under $3,250,000 Category NN $3,250,000 to under $3,350,000 Category OO $3,350,000 to under $3,450,000 Category PP $3,450,000 to under $3,550,000 Category QQ $3,550,000 to under $3,650,000 Category RR $3,650,000 to under $3,750,000 Category SS $3,750,000 to under $3,850,000 Category TT $3,850,000 to under $3,950,000 Category UU $3,950,000 to under $4,050,000 Category VV $4,050,000 to under $4,150,000 Category WW $4,150,000 to under $4,250,000 Category XX $4,250,000 to under $4,350,000 Category YY $4,350,000 to under $4,450,000 Category ZZ $4,450,000 to under $4,550,000 Category AAA $4,550,000 to under $4,650,000 Category BBB $4,650,000 to under $4,750,000 Category CCC $4,750,000 to under $4,850,000 Category DDD $4,850,000 to under $4,950,000 Category EEE $4,950,000 to under $5,050,000 Category FFF $5,050,000 to under $5,150,000 Category GGG $5,150,000 to under $5,250,000 Category HHH $5,250,000 to under $5,350,000 Category III $5,350,000 to under $5,450,000 Category JJJ $5,450,000 to under $5,550,000 Category KKK $5,550,000 to under $5,650,000 Category LLL $5,650,000 to under $5,750,000 Category MMM $5,750,000 to under $5,850,000 Category NNN [$5,580,000] $5,850,000 to under $5,950,000 Category OOO $5,950,000 to under $6,050,000 Category PPP $6,050,000 to under $6,150,000 Category QQQ $6,150,000 to under $6,250,000 Category RRR $6,250,000 to under $6,350,000 Category SSS $6,350,000 to under $6,450,000 Category TTT $6,450,000 to under $6,550,000 Category UUU $6,550,000 to under $6,650,000 Category VVV $6,650,000 to under $6,750,000 Category WWW $6,750,000 to under $6,850,000 Category XXX $6,850,000 to under $6,950,000 Category YYY $6,950,000 to under $7,050,000 Category ZZZ $7,050,000 to under $7,150,000 S. 4096 15 Category AAAA $7,150,000 to under $7,250,000 Category BBBB $7,250,000 to under $7,350,000 Category CCCC $7,350,000 to under $7,450,000 Category DDDD $7,450,000 to under $7,550,000 Category EEEE $7,550,000 to under $7,650,000 Category FFFF $7,650,000 to under $7,750,000 Category GGGG $7,750,000 to under $7,850,000 Category HHHH $7,850,000 to under $7,950,000 Category IIII $7,950,000 to under $8,050,000 Category JJJJ $8,050,000 to under $8,150,000 Category KKKK $8,150,000 to under $8,250,000 Category LLLL $8,250,000 to under $8,350,000 Category MMMM $8,350,000 to under $8,450,000 Category NNNN $8,450,000 to under $8,550,000 Category OOOO $8,550,000 to under $8,650,000 Category PPPP $8,650,000 to under $8,750,000 Category QQQQ $8,750,000 to under $8,850,000 Category RRRR $8,850,000 to under $8,950,000 Category SSSS $8,950,000 to under $9,050,000 Category TTTT $9,050,000 to under $9,150,000 Category UUUU $9,150,000 to under $9,250,000 Category VVVV $9,250,000 to under $9,350,000 Category WWWW $9,350,000 to under $9,450,000 Category XXXX $9,450,000 to under $9,550,000 Category YYYY $9,550,000 to under $9,650,000 Category ZZZZ $9,650,000 to under $9,750,000 Category AAAAA $9,750,000 to under $9,850,000 Category BBBBB $9,850,000 to under $9,950,000 Category CCCCC $9,950,000 to under $10,000,000 Category DDDDD $10,000,000 or over TABLE II Category A none Category B $ 1 to under $ 1,000 Category C $ 1,000 to under $ 5,000 Category D $ 5,000 to under $ 20,000 Category E $ 20,000 to under $ 50,000 Category F $ 50,000 to under $ 75,000 Category G $ 75,000 to under $ 100,000 Category H $ 100,000 to under $ 150,000 Category I $ 150,000 to under $ 250,000 Category J $ 250,000 to under $ 500,000 Category K $ 500,000 to under $ 750,000 Category L $ 750,000 to under $1,000,000 Category M $1,000,000 to under $1,250,000 Category N $1,250,000 to under $1,500,000 Category O $1,500,000 to under $1,750,000 Category P $1,750,000 to under $2,000,000 Category Q $2,000,000 to under $2,250,000 Category R $2,250,000 to under $2,500,000 Category S $2,500,000 to under $2,750,000 Category T $2,750,000 to under $3,000,000 Category U $3,000,000 to under $3,250,000 Category V $3,250,000 to under $3,500,000 Category W $3,500,000 to under $3,750,000 Category X $3,750,000 to under $4,000,000 S. 4096 16 Category Y $4,000,000 to under $4,250,000 Category Z $4,250,000 to under $4,500,000 Category AA $4,500,000 to under $4,750,000 Category BB $4,750,000 to under $5,000,000 Category CC $5,000,000 to under $5,250,000 Category DD $5,250,000 to under $5,500,000 Category EE $5,500,000 to under $5,750,000 Category FF $5,750,000 to under $6,000,000 Category GG $6,000,000 to under $6,250,000 Category HH $6,250,000 to under $6,500,000 Category II $6,500,000 to under $6,750,000 Category JJ $6,750,000 to under $7,000,000 Category KK $7,000,000 to under $7,250,000 Category LL $7,250,000 to under $7,500,000 Category MM $7,500,000 to under $7,750,000 Category NN $7,750,000 to under $8,000,000 Category OO $8,000,000 to under $8,250,000 Category PP $8,250,000 to under $8,500,000 Category QQ $8,500,000 to under $8,750,000 Category RR $8,750,000 to under $9,000,000 Category SS $9,000,000 to under $9,250,000 Category TT $9,250,000 to under $9,500,000 Category UU $9,500,000 or over S 4. Subdivision 1 of section 74 of the public officers law, as amended by chapter 1012 of the laws of 1965, the opening paragraph as amended by chapter 14 of the laws of 2007, is amended to read as follows: 1. [Definition] DEFINITIONS. As used in this section: A. The term "state agency" shall mean any state department, or divi- sion, board, commission, or bureau of any state department or any public benefit corporation or public authority at least one of whose members is appointed by the governor or corporations closely affiliated with specific state agencies as defined by paragraph (d) of subdivision five of section fifty-three-a of the state finance law or their successors. B. FOR THE PURPOSES OF THIS SECTION ONLY, THE TERM "STATE AGENCY" SHALL ALSO INCLUDE ANY ENTITY CREATED THAT ADVISES OR MAKES RECOMMENDA- TIONS TO A STATE OFFICER OR STATE AGENCY ON THE ALLOCATION OR DISBURSE- MENT OF STATE OR FEDERAL MONEYS. C. The term "legislative employee" shall mean any officer or employee of the legislature but it shall not include members of the legislature. S 5. No member of any entity in existence upon the effective date of this section or created thereafter that was created for the purpose of advising or making recommendations to a state officer, agency, authority or public benefit corporation on the allocation or disbursement of state or federal moneys may take any action including, but not limited to discussing and voting on such advice or recommendations, until the joint commission on public ethics certifies, in writing, to the director of the budget that the member has filed the financial disclosure form contained in section 73-a of the public officers law with such commis- sion. No state officer, agency, authority or public benefit corporation may execute any contract or grant, on or after July 15, 2015, upon the advice or recommendation of any entity until such time as the members of such entity providing such advice or recommendations certifies that all members, the members' spouses, the natural or adopted descendants of the members or of the members' spouses, any sibling of the members or of the members' spouses, any person sharing the home of any of the foregoing, S. 4096 17 or any staff member, employee or agent of the members have (i) no finan- cial interest, direct or indirect, in connection with the requested contract or grant agreement, (ii) not received and will not receive any financial benefit, either directly or indirectly from the contractor or grantee that is a party to the requested contract or grant agreement and (iii) no known conflicts of interest as set forth in section 74 of the public officers law in connection with the requested contract or grant agreement. S 6. This act shall take effect immediately; provided, that sections one, two, three and four of this act shall apply to annual statements of financial disclosure filed for calendar years commencing on or after January 1, 2015.
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