S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8014

                            I N  S E N A T E

                              June 3, 2016
                               ___________

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

AN ACT to amend the public officers law and the New York  city  charter,
  in  relation  to  contracts involving state agencies; and to amend the
  general municipal law,  in  relation  to  restrictions  on  appearance
  before a municipal department or agency

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph iv  of  paragraph  (g)  of  subdivision  2  of
section  87  of  the public officers law, as added by chapter 510 of the
laws of 1999, is amended and a new subparagraph v is added  to  read  as
follows:
  iv.  external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]
  V. MATERIALS EXCHANGED BETWEEN AN AGENCY AND ANY ENTITY NOT DEFINED AS
AN AGENCY PURSUANT TO THIS ARTICLE THAT HAS NOT BEEN RETAINED BY  FORMAL
CONTRACT OR AGREEMENT; OR
  S 2. Subdivision 7 of section 73 of the public officers law is amended
by adding a new paragraph (a-1) to read as follows:
  (A-1)  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL ALSO APPLY TO ANY
PERSON OR ENTITY CONTRACTING WITH A STATE AGENCY FOR  THE  PERIOD  WHICH
THE CONTRACT REMAINS IN EFFECT.
  S 3. Paragraph 6 of subdivision b of section 2604 of the New York city
charter, as added by a vote of the people of the city of New York at the
general  election  held  in  November  of  1988,  is  amended to read as
follows:
  6. (A) No public servant shall, for  compensation,  represent  private
interests  before  any  city  agency or appear directly or indirectly on
behalf of private interests in matters involving the city. For a  public
servant who is not a regular employee, this prohibition shall apply only
to the agency served by the public servant.
  (B)  NO  PERSON OR ENTITY NOT DEFINED AS A PUBLIC SERVANT FOR PURPOSES
OF THIS CHARTER WHO CONTRACTS WITH A CITY  AGENCY  SHALL  THEREAFTER  BE
AUTHORIZED  TO  APPEAR BEFORE ANY SUCH AGENCY FOR ANY OTHER CLIENT FOR A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15699-03-6

S. 8014                             2

FEE UNTIL AFTER THE EXPIRATION OF SUCH CONTRACT; PROVIDED, HOWEVER, THAT
IF SUCH CONTRACT IS WITH THE OFFICE OF THE MAYOR, OR CITY COUNCIL,  SUCH
PERSON  OR  ENTITY  SHALL BE PROHIBITED FROM APPEARING BEFORE ANY AGENCY
FOR  ANY  OTHER  CLIENT  FOR  A  FEE  UNTIL AFTER THE EXPIRATION OF SUCH
CONTRACT.
  S 4. The general municipal law is amended  by  adding  a  new  section
801-a to read as follows:
  S  801-A.  RESTRICTIONS ON APPEARANCE BEFORE A MUNICIPAL DEPARTMENT OR
AGENCY.  1. NO MUNICIPAL OFFICER OR EMPLOYEE  SHALL,  FOR  COMPENSATION,
REPRESENT  PRIVATE  INTERESTS  BEFORE  ANY  MUNICIPAL  AGENCY  OR APPEAR
DIRECTLY OR INDIRECTLY ON BEHALF OF PRIVATE INTERESTS IN MATTERS INVOLV-
ING THE RESPECTIVE MUNICIPALITY. FOR A MUNICIPAL OFFICER OR EMPLOYEE WHO
IS NOT A REGULAR EMPLOYEE, THIS PROHIBITION  SHALL  APPLY  ONLY  TO  THE
DEPARTMENT OR AGENCY SERVED BY THE MUNICIPAL OFFICER OR EMPLOYEE.
  2.  NO  PERSON OR ENTITY THAT IS NOT DEFINED AS A MUNICIPAL OFFICER OR
EMPLOYEE FOR PURPOSES OF THIS ARTICLE WHO  CONTRACTS  WITH  A  MUNICIPAL
AGENCY OR DEPARTMENT SHALL THEREAFTER BE AUTHORIZED TO APPEAR BEFORE ANY
SUCH MUNICIPAL AGENCY OR DEPARTMENT FOR ANY OTHER CLIENT FOR A FEE UNTIL
AFTER  THE  EXPIRATION OF SUCH CONTRACT; PROVIDED, HOWEVER, THAT IF SUCH
CONTRACT IS WITH THE CHIEF EXECUTIVE OFFICER, OR THE CONTROLLING  LEGIS-
LATIVE  BODY OF THE MUNICIPALITY, SUCH PERSON OR ENTITY SHALL BE PROHIB-
ITED FROM APPEARING BEFORE ANY MUNICIPAL DEPARTMENT  OR  AGENCY  OF  THE
RESPECTIVE  MUNICIPALITY  FOR ANY OTHER CLIENT FOR A FEE UNTIL AFTER THE
EXPIRATION OF SUCH CONTRACT.
  S 5. This act shall take effect on the forty-fifth day after it  shall
have become a law.