NY State Senate Bill 2015-S4424

Senate Bill S4424

2015-2016 Legislative Session

Prohibits members of the legislature from receiving earned income from sources outside of the legislature; provides for the establishment of blind trusts by legislators; regulates the payment of per diem

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Mar 19, 2015	referred to investigations and government operations

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2015-S4424 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add §5-b, amd §5, Leg L; add §73-c, amd §73-a, Pub Off L; amd §94, Exec L

2015-S4424 (ACTIVE) - Summary

Prohibits members of the legislature from receiving earned income from sources outside of the legislature; provides for the establishment of blind trusts by legislators; requires persons required to file annual financial disclosure statements, to file such statements for all periods during which they are in public office or employment, or a political party position, regardless of whether such person has terminated his or her public or party position; places additional requirement upon claims for per diem allowance by members of the legislature.

2015-S4424 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4424

TITLE OF BILL:

An act to amend the legislative law, in relation to prohibiting
members of the state legislature from receiving earned income from any
source other than the state (Part A); to amend the public officers law
and the executive law, in relation to authorizing members of the state
legislature to place their business interests into blind trusts (Part
B); to amend the public officers law, in relation to requiring certain
public officers to file financial disclosure statements after their
termination of public employment (Part C); and to amend the
legislative law, in relation to eligibility for per diem payments to
members of the state legislature (Part D)

PURPOSE:

This bill would prohibit state legislators from earning outside income
beginning January 1, 2017, allow legislators to transfer assets into a
blind trust to avoid conflicts of interest, close a loophole in annual
financial disclosure requirements, and bring accountability and
transparency to the per diem system.

SUMMARY OF PROVISIONS:

Part A prohibits state legislators from performing any activity for

compensation that results in outside earned income unless expressly
permitted by the legislation. This section would exclude from the
definition of "outside earned income" the following: salary, benefits
and allowances paid by the State of New York to the legislator, income
from military service, royalties from book sales or other intellectual
property rights (advance fees prohibited), or pensions, investments,
capital gains or other earnings accrued from prior employment or
actual services rendered prior to the legislator taking public office.

Part B allows state legislators to transfer their assets into a
qualified blind trust to avoid conflicts of interest from any
financial interest in a partnership, LLP, LLC, company, corporation or
other business entity. This Part would require that in order to
establish a qualified blind trust, the legislator must file the
following documents with JCOPE: a blind trust agreement, trustee
acknowledgement, trustee certification of the trustee's independence,
a complete list of assets placed in the trust, and an annual sworn
statement from the trustee that no prohibited information has been
disclosed to the legislator, as provided for in the legislation.
JCOPE must post these documents on its website for the public.

Part C would close a loophole relating to the annual financial
disclosure statement. This Part would require legislators to file an
annual statement of financial disclosure for any calendar year in
which the legislator served a full or partial calendar year in office.
This would allow the public to receive financial disclosure
information about a legislator's last year in office if the legislator
was not re-elected or if the legislator resigned prior to the filing
deadline.


Part D would require legislators to prove that they attended an event
of official legislative business prior to receipt of full or partial
per diem allowances. Legislators could prove their attendance by
either signing-in at the journal clerk's office or being marked as
present by the journal clerk of the legislator's respective
legislative house. Alternatively, legislators could submit a record of
their attendance at the meeting, event or hearing of official
legislative business.

Legislators would only be allowed to receive per diems for the
following days in which legislative business occurs: legislative
sessions; hearings or public forums of the Senate or Assembly or joint
hearings of both houses; a meeting, task force or commission of the
Senate or Assembly; a travel day before or after a day of legislative
business; and up to 14 additional days in which legislative business
is conducted.

Finally, legislators would only be able to receive a per diem
allowance or partial per diem allowance for meals or lodging for
official legislative business conducted more than 50 miles from the
State Capitol if the legislator submits actual and itemized receipts
with the voucher for all expenses incurred, in addition to providing a
record of attendance from the meeting, event or hearing.
Reimbursements from overnight stays must include a detailed lodging
bill with the legislator's name, dates of stay, and expenses incurred.

JUSTIFICATION:

Public officials, advocacy groups and the public all agree that
legislators must be held to the highest standards of good government
while serving their constituents. Although the state's constitutional
framers envisioned a citizen legislature, outside employment must be
banned to prevent real or perceived conflicts of interest from
occurring. State legislators should have a simple choice: serve the
public full-time or collect a full-time salary out of office.

The additional measures of establishing a blind trust and closing the
financial disclosure loophole for outgoing legislators are further
steps that can be taken to increase transparency, disclosure and
prevent real or perceived conflicts of interest. Further, actual and
itemized receipts, as well as attendance records will provide much
needed clarity to the per diem system.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Part A prohibiting outside income would take effect on January 1,
2017.


Part B relating to qualified blind trusts would take effect on January
1, 2016.

Part C relating to financial disclosure obligations would take effect
on January 1, 2016.

Part D relating to per diem reform would take effect April 1, 2015.

2015-S4424 (ACTIVE) - Bill Text download pdf

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

                                  4424

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced  by  Sens.  KLEIN,  AVELLA, CARLUCCI, SAVINO, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Investigations and Government Operations

AN  ACT to amend the legislative law, in relation to prohibiting members
  of the state legislature from receiving earned income from any  source
  other  than  the  state (Part A); to amend the public officers law and
  the executive law, in relation to authorizing  members  of  the  state
  legislature  to place their business interests into blind trusts (Part
  B); to amend the public officers law, in relation to requiring certain
  public officers to file financial disclosure  statements  after  their
  termination  of  public employment (Part C); and to amend the legisla-
  tive law, in relation to eligibility for per diem payments to  members
  of the state legislature (Part D)

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

  Section 1. Legislative intent. It is the policy of the  state  of  New
York  that  a  state  officer or state employee may not have a direct or
indirect interest, including financial and other interests, or engage in
a business transaction or professional activity, or incur any obligation
of any nature that is in substantial conflict with the proper  discharge
of the officer's or employee's duties in the public interest. Therefore,
in the interests of restoring faith and integrity in government, holding
state  legislators  accountable,  and  avoiding  conflicts  of interest,
legislators should be prohibited from earning an outside income  due  to
the  real  or  perceived  conflicts  of  that  outside activity with the
discharge of his or her duties. Accordingly, the legislature finds  that
if  a  state  legislator  creates  a  qualified blind trust and does not
control the interests held by the trust, his  or  her  official  actions
will  not  be influenced or appear to be influenced by private consider-
ations. Such trusts must be established and operate  in  a  manner  that
ensures  that  there  is  an actual lack of knowledge and control by the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09112-03-5

S. 4424                             2

legislator with respect to the interests held in trust. Further, in  the
interests  of  promoting transparency, the legislature hereby closes the
loophole that relieves outgoing legislators of their  responsibility  to
file  an  annual  disclosure  statement in their last year of office and
increases accountability of the per diem system to curb abuse.
  S 2. This act enacts into law major components which are necessary  to
enact ethics reform for members of the state legislature. Each component
is  wholly  contained within a Part identified as Parts A through D. The
effective date for each particular provision contained within such  Part
is  set  forth  in  the  last section of such Part. Any provision in any
section contained within a Part, including the  effective  date  of  the
Part,  which  makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to  mean  and
refer  to  the  corresponding  section of the Part in which it is found.
Section four of this act sets forth the general effective date  of  this
act.

                                 PART A

  Section  1. The legislative law is amended by adding a new section 5-b
to read as follows:
  S 5-B. PROHIBITION OF OUTSIDE EARNED INCOME FOR MEMBERS. 1.  A  MEMBER
OF  THE LEGISLATURE SHALL BE PROHIBITED FROM PERFORMING ANY ACTIVITY FOR
COMPENSATION THAT RESULTS IN OUTSIDE EARNED INCOME, EXCEPT AS AUTHORIZED
BY THIS SECTION.
  2. A. FOR PURPOSES OF THIS SECTION, THE TERM "OUTSIDE  EARNED  INCOME"
SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, WAGES, SALARIES, FEES AND OTHER
FORMS OF COMPENSATION FOR SERVICES ACTUALLY RENDERED.
  B. FOR THE PURPOSES OF THIS SECTION, THE TERM "OUTSIDE EARNED  INCOME"
SHALL NOT INCLUDE:
  (1) SALARY, BENEFITS AND ALLOWANCES PAID BY THE STATE;
  (2)  INCOME  AND ALLOWANCES ATTRIBUTABLE TO SERVICE IN THE RESERVES OF
THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD  OR  OTHER  ACTIVE
MILITARY SERVICE;
  (3)  ROYALTIES  FROM THE SALE OF A BOOK, ARTISTIC PERFORMANCE OR OTHER
INTELLECTUAL PROPERTY; PROVIDED, HOWEVER, THAT NO ADVANCE FEES SHALL  BE
PERMITTED; OR
  (4)  A  PENSION,  INVESTMENT,  CAPITAL GAINS OR OTHER EARNINGS ACCRUED
FROM PRIOR EMPLOYMENT OR ACTUAL SERVICES RENDERED PRIOR  TO  THE  MEMBER
TAKING OFFICE.
  3.  A  MEMBER  OF THE LEGISLATURE WHO KNOWINGLY AND WILLFULLY VIOLATES
THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED FIFTY  THOUSAND  DOLLARS.  ASSESSMENT  OF  A  CIVIL
PENALTY  SHALL  BE  MADE  BY THE JOINT COMMISSION ON PUBLIC ETHICS. SUCH
COMMISSION, MAY, IN LIEU OF OR IN ADDITION TO A CIVIL PENALTY,  REFER  A
VIOLATION TO THE APPROPRIATE PROSECUTOR.
  4.  WILLFUL  VIOLATION OF THE PROVISIONS OF THIS SECTION IS PUNISHABLE
AS A CLASS A MISDEMEANOR.
  S 2. This act shall take effect January 1, 2017.

                                 PART B

  Section 1. The public officers law is amended by adding a new  section
73-c to read as follows:
  S  73-C.  BLIND TRUSTS; MEMBERS OF THE LEGISLATURE. 1. A MEMBER OF THE
LEGISLATURE WHO HOLDS A FINANCIAL INTEREST IN ANY  PARTNERSHIP,  LIMITED

S. 4424                             3

LIABILITY  PARTNERSHIP,  LIMITED LIABILITY COMPANY, CORPORATION OR OTHER
BUSINESS ENTITY, MAY ELECT TO TRANSFER ANY OR ALL OF SUCH  INTEREST,  AS
WELL AS ANY OTHER OF HIS OR HER FINANCIAL ASSETS, INTO A QUALIFIED BLIND
TRUST,  UNDER  THE  TERMS  PROVIDED IN THIS SECTION. THE QUALIFIED BLIND
TRUST AGREEMENT BETWEEN THE MEMBER AND  THE  TRUSTEE  OF  THE  QUALIFIED
BLIND  TRUST, AND ANY SUBSEQUENT AMENDMENTS THERETO, MUST BE APPROVED BY
THE JOINT COMMISSION ON PUBLIC ETHICS PRIOR TO THEIR EXECUTION.
  2. THE MEMBER OF THE LEGISLATURE SHALL NOT  ATTEMPT  TO  INFLUENCE  OR
EXERCISE  ANY  CONTROL OVER DECISIONS REGARDING THE MANAGEMENT OF ASSETS
IN A QUALIFIED BLIND TRUST. NO SUCH MEMBER NOR ANY PERSON HAVING A BENE-
FICIAL INTEREST IN THE QUALIFIED BLIND TRUST SHALL MAKE  ANY  EFFORT  TO
OBTAIN  INFORMATION WITH RESPECT TO THE HOLDINGS OF THE TRUST, INCLUDING
OBTAINING A COPY OF ANY TRUST TAX RETURN FILED OR ANY INFORMATION RELAT-
ING THERETO, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
  3. EXCEPT FOR COMMUNICATIONS  THAT  CONSIST  SOLELY  OF  REQUESTS  FOR
DISTRIBUTIONS  OF  CASH  OR  OTHER  UNSPECIFIED ASSETS OF THE TRUST, THE
MEMBER OF THE LEGISLATURE OR ANY PERSON WHO HAS  A  BENEFICIAL  INTEREST
SHALL  NOT  HAVE  ANY  DIRECT OR INDIRECT COMMUNICATION WITH THE TRUSTEE
WITH RESPECT TO THE TRUST, UNLESS SUCH COMMUNICATION IS IN  WRITING  AND
RELATES ONLY TO:
  (A) A DISTRIBUTION FROM THE TRUST WHICH DOES NOT SPECIFY THE SOURCE OR
ASSETS  WITHIN  THE  TRUST  FROM WHICH THE DISTRIBUTION IS TO BE MADE IN
CASH OR IN KIND;
  (B) THE GENERAL FINANCIAL INTERESTS AND NEEDS OF  THE  MEMBER  OF  THE
LEGISLATURE  OR THE PERSON WHO HAS A BENEFICIAL INTEREST, INCLUDING, BUT
NOT LIMITED TO, AN INTEREST IN MAXIMIZING INCOME  OR  LONG-TERM  CAPITAL
GAIN;
  (C)  A NOTIFICATION OF THE TRUSTEE OF A LAW OR REGULATION SUBSEQUENTLY
APPLICABLE TO THE MEMBER OF THE LEGISLATURE WHICH PROHIBITS  THE  MEMBER
FROM  HOLDING  AN  ASSET  AND  DIRECTS THAT THE ASSET NOT BE HELD BY THE
TRUST; OR
  (D) A DIRECTION TO THE TRUSTEE TO  SELL  ALL  OF  AN  ASSET  INITIALLY
PLACED  IN  THE  TRUST  BY  THE  MEMBER OF THE LEGISLATURE WHICH, IN THE
DETERMINATION OF SUCH MEMBER, CREATES A  CONFLICT  OF  INTEREST  OR  THE
APPEARANCE  THEREOF  DUE  TO  THE SUBSEQUENT ASSUMPTION OF DUTIES BY THE
MEMBER.
  4. THE MEMBER OF THE LEGISLATURE SHALL REPORT THE BENEFICIAL  INTEREST
IN  THE  QUALIFIED  BLIND  TRUST AND ITS VALUE AS AN ASSET ON HIS OR HER
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE.
  5. IN ORDER TO CONSTITUTE A QUALIFIED BLIND TRUST,  THE  TRUST  ESTAB-
LISHED BY THE MEMBER OF THE LEGISLATURE MUST MEET THE FOLLOWING REQUIRE-
MENTS:
  (A)  THE  APPOINTED  TRUSTEE  SHALL  BE A BANK, TRUST COMPANY OR OTHER
INSTITUTIONAL FIDUCIARY, OR AN INDIVIDUAL WHO IS AN ATTORNEY,  CERTIFIED
PUBLIC  ACCOUNTANT,  BROKER  OR INVESTMENT ADVISOR. IF THE TRUSTEE IS AN
INDIVIDUAL OR IF THE TRUSTEE IS A BANK, TRUST COMPANY OR OTHER  INSTITU-
TIONAL  FIDUCIARY,  THE  INDIVIDUAL  RESPONSIBLE  FOR MANAGING THE TRUST
SHALL NOT BE:
  (I) THE  MEMBER'S  SPOUSE,  CHILD,  PARENT,  GRANDPARENT,  GRANDCHILD,
BROTHER,  SISTER,  PARENT-IN-LAW,  BROTHER-IN-LAW,  SISTER-IN-LAW, AUNT,
UNCLE, OR FIRST COUSIN, OR THE SPOUSE OF ANY SUCH PERSON;
  (II) A PERSON WHO IS AN ELECTED  OR  APPOINTED  PUBLIC  OFFICER  OR  A
PUBLIC EMPLOYEE;
  (III)  A  PERSON  WHO HAS BEEN APPOINTED OR RECOMMENDED TO SERVE IN AN
AGENCY BY THE LEGISLATURE OR ANY MEMBER OR MEMBERS OF  THE  LEGISLATURE;
OR

S. 4424                             4

  (IV)  A  BUSINESS ASSOCIATE OR PRINCIPAL OF THE MEMBER OF THE LEGISLA-
TURE.
  (B)  ALL  ASSETS  IN  THE TRUST SHALL BE FREE OF ANY RESTRICTIONS WITH
RESPECT TO THEIR TRANSFER OR SALE.  THE TRUST SHALL NOT CONTAIN  INVEST-
MENTS  OR  ASSETS  THE TRANSFER OF WHICH BY THE TRUSTEE IS IMPROBABLE OR
IMPRACTICAL WITHOUT THE MEMBER'S KNOWLEDGE.
  (C) THE TRUST AGREEMENT SHALL:
  (I) CONTAIN A STATEMENT THAT ITS PURPOSE IS TO REMOVE FROM THE GRANTOR
CONTROL AND KNOWLEDGE OF INVESTMENT OF TRUST ASSETS  SO  THAT  CONFLICTS
BETWEEN  THE  GRANTOR'S  RESPONSIBILITIES AS A MEMBER OF THE LEGISLATURE
AND HIS OR HER PRIVATE INTERESTS ARE ELIMINATED;
  (II) GIVE THE TRUSTEE COMPLETE DISCRETION TO MANAGE THE TRUST, INCLUD-
ING, BUT NOT LIMITED TO, THE POWER  TO  DISPOSE  OF  AND  ACQUIRE  TRUST
ASSETS  WITHOUT CONSULTING OR NOTIFYING THE COVERED MEMBER OF THE LEGIS-
LATURE OR THE PERSON HAVING A BENEFICIAL INTEREST IN THE TRUST;
  (III) PROHIBIT COMMUNICATION BETWEEN THE TRUSTEE AND THE MEMBER OF THE
LEGISLATURE, OR THE PERSON WHO HAS A BENEFICIAL INTEREST IN  THE  TRUST,
CONCERNING  THE  HOLDINGS  OR  SOURCES  OF  INCOME  OF THE TRUST, EXCEPT
AMOUNTS OF CASH VALUE OR NET INCOME OR LOSS, IF  SUCH  REPORT  DOES  NOT
IDENTIFY ANY ASSET OR HOLDING, OR EXCEPT AS PROVIDED IN THIS SECTION;
  (IV)  PROVIDE  THAT THE TRUST TAX RETURN IS PREPARED BY THE TRUSTEE OR
HIS OR HER DESIGNEE AND THAT ANY INFORMATION  RELATING  THERETO  IS  NOT
DISCLOSED  TO  THE  MEMBER OF THE LEGISLATURE OR TO THE PERSON WHO HAS A
BENEFICIAL INTEREST, EXCEPT AS PROVIDED IN THIS SECTION;
  (V) PERMIT THE TRUSTEE TO NOTIFY THE PUBLIC OFFICER  OF  THE  DATE  OF
DISPOSITION  AND  VALUE  AT  DISPOSITION  OF  ANY ORIGINAL INVESTMENT OR
INTEREST IN REAL PROPERTY TO THE EXTENT REQUIRED BY FEDERAL TAX  LAW  SO
THAT  THE  INFORMATION  CAN  BE  REPORTED ON THE MEMBER'S APPLICABLE TAX
RETURNS; AND
  (VI) PROHIBIT THE TRUSTEE FROM DISCLOSING TO THE MEMBER OF THE  LEGIS-
LATURE  OR  THE  PERSON  WHO  HAS  A BENEFICIAL INTEREST ANY INFORMATION
CONCERNING REPLACEMENT ASSETS TO THE TRUST, EXCEPT FOR THE  MINIMUM  TAX
INFORMATION NECESSARY TO ENABLE THE PUBLIC OFFICIAL TO COMPLETE AN INDI-
VIDUAL TAX RETURN REQUIRED BY LAW.
  (D)  WITHIN  FIVE  BUSINESS  DAYS  AFTER  A  BLIND  TRUST AGREEMENT IS
EXECUTED, THE MEMBER OF  THE  LEGISLATURE  SHALL  FILE  WITH  THE  JOINT
COMMISSION ON PUBLIC ETHICS:
  (I) A COPY OF THE QUALIFIED BLIND TRUST AGREEMENT;
  (II)  THE  ACKNOWLEDGMENT  BY THE TRUSTEE THAT HE OR SHE HAS AGREED TO
SERVE AS TRUSTEE;
  (III) A CERTIFICATION BY THE TRUSTEE ON  A  FORM  PRESCRIBED  BY  SUCH
COMMISSION THAT THE TRUST MEETS ALL OF THE REQUIREMENTS OF THIS SECTION;
AND
  (IV) A COMPLETE LIST OF ASSETS PLACED IN THE TRUST BY THE PUBLIC OFFI-
CER.
  6. THE JOINT COMMISSION ON PUBLIC ETHICS SHALL POST ON ITS WEBSITE FOR
THE  PUBLIC  A  COPY  OF  ALL DOCUMENTS RELATING TO A MEMBER'S QUALIFIED
BLIND TRUST AGREEMENT, TRUSTEE ACKNOWLEDGMENT, TRUSTEE CERTIFICATION,  A
LIST  OF  ASSETS PLACED IN THE TRUST AND THE TRUSTEE'S ANNUAL STATEMENTS
FILED PURSUANT TO SUBDIVISION SEVEN OF  THIS  SECTION.  SUCH  COMMISSION
SHALL  REDACT ANY SENSITIVE PERSONAL IDENTIFYING INFORMATION FROM PUBLIC
VIEW.
  7. THE TRUSTEE ANNUALLY SHALL  FILE  WITH  SUCH  COMMISSION  A  SIGNED
STATEMENT,  UNDER  PENALTY  OF  PERJURY,  STATING THAT HE OR SHE HAS NOT
REVEALED ANY INFORMATION TO THE GRANTOR OTHER THAN  AS  PERMITTED  UNDER

S. 4424                             5

THIS SECTION AND THAT, TO THE BEST OF THE TRUSTEE'S KNOWLEDGE, THE TRUST
IS IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  8.  IF  THE  QUALIFIED  BLIND TRUST IS REVOKED WHILE THE MEMBER OF THE
LEGISLATURE IS IN OFFICE, OR IF SUCH MEMBER LEARNS  OF  ANY  REPLACEMENT
ASSETS  THAT HAVE BEEN ADDED TO THE TRUST, THE MEMBER OF THE LEGISLATURE
SHALL FILE AN AMENDMENT TO HIS OR HER MOST RECENT  FINANCIAL  DISCLOSURE
STATEMENT.  THE  AMENDMENT SHALL BE FILED NO LATER THAN SIXTY DAYS AFTER
THE DATE OF REVOCATION OR THE ADDITION OF THE  REPLACEMENT  ASSETS.  THE
COVERED  MEMBER  SHALL DISCLOSE THE PREVIOUSLY UNREPORTED PRO RATA SHARE
OF THE TRUST'S INTERESTS IN INVESTMENTS OR INCOME DERIVING FROM ANY SUCH
INVESTMENTS. FOR PURPOSES OF THIS SECTION, ANY  REPLACEMENT  ASSET  THAT
BECOMES  KNOWN  TO  THE  MEMBER SHALL THEREAFTER BE TREATED AS THOUGH IT
WERE AN ORIGINAL ASSET OF THE TRUST.
  9. (A) A TRUSTEE OF A QUALIFIED BLIND TRUST SHALL  NOT  KNOWINGLY  AND
WILLFULLY, OR NEGLIGENTLY, (I) DISCLOSE ANY INFORMATION TO AN INTERESTED
PARTY  WITH  RESPECT TO SUCH TRUST UNLESS PERMITTED BY LAW; (II) ACQUIRE
ANY HOLDING OF THE OWNERSHIP WHICH IS PROHIBITED BY  THE  TRUST  INSTRU-
MENT;  (III)  SOLICIT  ADVICE  FROM ANY INTERESTED PARTY WITH RESPECT TO
SUCH TRUST; OR (IV) FAIL TO FILE ANY DOCUMENT REQUIRED BY  LAW  FOR  THE
QUALIFIED BLIND TRUST.
  (B)  A  REPORTING  INDIVIDUAL  SHALL  NOT  KNOWINGLY AND WILLFULLY, OR
NEGLIGENTLY, (I) SOLICIT OR RECEIVE ANY INFORMATION WITH  RESPECT  TO  A
QUALIFIED BLIND TRUST OF WHICH HE OR SHE IS AN INTERESTED PARTY; OR (II)
FAIL TO FILE ANY DOCUMENT REQUIRED BY LAW FOR THE QUALIFIED BLIND TRUST.
  (C)  THE  ATTORNEY  GENERAL MAY BRING A CIVIL ACTION IN AN APPROPRIATE
COURT OF JURISDICTION AGAINST ANY INDIVIDUAL WHO KNOWINGLY AND WILLFULLY
VIOLATES THE PROVISIONS OF PARAGRAPH (A) OR (B) OF THIS SUBDIVISION. THE
COURT IN WHICH SUCH ACTION IS BROUGHT MAY ASSESS AGAINST SUCH INDIVIDUAL
A CIVIL PENALTY IN ANY AMOUNT NOT TO EXCEED TEN  THOUSAND  DOLLARS.  THE
ATTORNEY  GENERAL  MAY  BRING  A CIVIL ACTION IN AN APPROPRIATE COURT OF
JURISDICTION  AGAINST  ANY  INDIVIDUAL  WHO  NEGLIGENTLY  VIOLATES   THE
PROVISIONS  OF  PARAGRAPH  (A)  OR (B) OF THIS SUBDIVISION. THE COURT IN
WHICH SUCH ACTION IS BROUGHT MAY ASSESS AGAINST SUCH INDIVIDUAL A  CIVIL
PENALTY IN ANY AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
  S 2. The opening paragraph of paragraph 11 of 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, is amended and a new paragraph 11-a  is
added to read as follows:

List the identity and value, if reasonably ascertainable, of each inter-
    est in a trust (OTHER THAN A QUALIFIED BLIND TRUST), estate or other
    beneficial  interest, including retirement plans (other than retire-
    ment plans of the state of New York or the city of  New  York),  and
    deferred  compensation  plans  (e.g., 401, 403(b), 457, etc.) estab-
    lished 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 relative.
11-A. LIST THE IDENTITY, VALUE AND SOURCE OF PRINCIPAL OF EACH QUALIFIED
    BLIND  TRUST, AND THE NAME, ADDRESS AND OCCUPATION OF THE TRUSTEE OF
    EACH SUCH QUALIFIED BLIND TRUST.

    IDENTITY         CATEGORY            SOURCE            TRUSTEE
                     OF VALUE                              NAME, ADDRESS
                                                           AND OCCUPATION

S. 4424                             6

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
  S 3. Paragraph (e) of subdivision 9 of section  94  of  the  executive
law,  as  amended  by  section 6 of part A of chapter 399 of the laws of
2011, is amended to read as follows:
  (e) Make available forms:
  (I) for annual statements of financial disclosure required to be filed
pursuant to section seventy-three-a of the public officers law;
  (II) FOR QUALIFIED BLIND TRUST AGREEMENTS;
  (III) FOR CERTIFICATION OF INDEPENDENCE OF A TRUSTEE  OF  A  QUALIFIED
BLIND TRUST;
  (IV) FOR A TRUSTEE ACKNOWLEDGMENT OF A QUALIFIED BLIND TRUST; AND
  (V)  FOR  ANNUAL  STATEMENTS BY TRUSTEES OF A QUALIFIED BLIND TRUST OF
SUCH TRUSTEES AND SUCH TRUST'S COMPLIANCE WITH  SECTION  SEVENTY-THREE-C
OF THE PUBLIC OFFICERS LAW;
  S 4. This act shall take effect January 1, 2016.

                                 PART C

  Section  1.  Paragraph  (k)  of  subdivision  2 of section 73-a of the
public officers law is relettered paragraph (l) and a new paragraph  (k)
is added to read as follows:
  (K) THE TERMINATION OF PUBLIC OFFICE OR EMPLOYMENT, OR POLITICAL PARTY
POSITION,  SHALL  NOT  RELIEVE  ANY PERSON, REQUIRED TO FILE A FINANCIAL
DISCLOSURE STATEMENT PURSUANT TO SECTION SEVENTY-THREE OF THIS  ARTICLE,
OF  THE  DUTY  TO FILE SUCH A STATEMENT FOR THE CALENDAR YEAR OR PARTIAL
CALENDAR YEAR DURING WHICH  SUCH  PERSON  LAST  HELD  PUBLIC  OFFICE  OR
EMPLOYMENT, OR A POLITICAL PARTY POSITION.
  S 2. This act shall take effect January 1, 2016.

                                 PART D

  Section 1. Section 5 of the legislative law is amended by adding a new
subdivision 2-a to read as follows:
  2-A.  NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWO OF THIS SECTION
TO THE CONTRARY:
  A. NO MEMBER OF THE LEGISLATURE SHALL RECEIVE A PER DIEM ALLOWANCE  OR
PARTIAL  PER  DIEM ALLOWANCE UNLESS SUCH MEMBER SIGNS IN OR IS OTHERWISE
MARKED AS PRESENT BY THE JOURNAL CLERK OF HIS OR HER HOUSE OF THE LEGIS-
LATURE, OR SUBMITS A RECORD OF HIS OR HER ATTENDANCE AT A MEETING, EVENT
OR HEARING ON OFFICIAL LEGISLATIVE BUSINESS.
  B. NO MEMBER OF THE LEGISLATURE SHALL RECEIVE A PER DIEM ALLOWANCE  OR
PARTIAL  PER DIEM ALLOWANCE UNLESS THE ALLOWANCE IS SUBMITTED FOR ONE OF
THE FOLLOWING DAYS:
  (I) THE MEMBER ATTENDS A SESSION OF HIS OR HER HOUSE OF  THE  LEGISLA-
TURE;
  (II)  THE  MEMBER  ATTENDS  A HEARING OR PUBLIC FORUM OF THE SENATE OR
ASSEMBLY, OR A JOINT HEARING OF BOTH HOUSES;
  (III) THE MEMBER ATTENDS A MEETING  OF  A  COMMITTEE,  TASK  FORCE  OR
COMMISSION OF THE SENATE OR ASSEMBLY;
  (IV)  THE MEMBER HAS TRAVELED THE DAY BEFORE OR DEPARTED THE DAY AFTER
A DAY OF CONDUCTING LEGISLATIVE BUSINESS ENUMERATED IN SUBPARAGRAPH (I),
(II) OR (III) OF THIS PARAGRAPH; AND
  (V) A MEMBER MAY ALSO RECEIVE THE APPLICABLE FULL OR PARTIAL PER  DIEM
ALLOWANCE FOR UP TO FOURTEEN ADDITIONAL DAYS OF LEGISLATIVE BUSINESS PER

S. 4424                             7

CALENDAR  YEAR  FOR  DAYS  WHICH  DO NOT OTHERWISE CONSTITUTE DAYS UNDER
SUBPARAGRAPH (I), (II), (III) OR (IV) OF THIS PARAGRAPH.
  C.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
NO MEMBER OF THE LEGISLATURE SHALL  RECEIVE  A  PER  DIEM  ALLOWANCE  OR
PARTIAL PER DIEM ALLOWANCE FOR MEALS OR LODGING FOR OFFICIAL LEGISLATIVE
BUSINESS  CONDUCTED  MORE  THAN  FIFTY MILES FROM THE CAPITOL; PROVIDED,
HOWEVER, THAT MEMBERS OF THE LEGISLATURE MAY RECEIVE  REIMBURSEMENT  FOR
ACTUAL  AND  NECESSARY  TRANSPORTATION, LODGING AND MEAL EXPENSES IF THE
VOUCHER FOR THOSE EXPENSES INCLUDES ACTUAL AND ITEMIZED RECEIPTS FOR ALL
EXPENSES INCURRED, AS WELL AS A RECORD OF  ATTENDANCE  AT  THE  MEETING,
EVENT OR HEARING ON OFFICIAL LEGISLATIVE BUSINESS. CLAIMS FOR REIMBURSE-
MENT  FOR OVERNIGHT STAYS SHALL INCLUDE A DETAILED LODGING BILL WITH THE
TRAVELER'S NAME, DATES OF STAY AND EXPENSES INCURRED.
  S 2. This act shall take effect April 1, 2015.
  S 3.  Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included in this act.
  S 4. This act shall take effect immediately; provided,  however,  that
the  applicable effective date of Parts A through D of this act shall be
as specifically set forth in the last section of such Parts.

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Senate Bill S4424

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Tony Avella

David Carlucci

Diane J. Savino

David J. Valesky

2015-S4424 (ACTIVE) - Details

2015-S4424 (ACTIVE) - Summary

2015-S4424 (ACTIVE) - Sponsor Memo

2015-S4424 (ACTIVE) - Bill Text download pdf

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