S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7645
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2017
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the public officers law and the public authorities  law,
   in relation to prohibiting certain persons from receiving compensation
   for  legal fees, consulting, or other work performed for an industrial
   development agency or an economic assistance corporation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 18 of section 73 of the public officers law, as
 amended  by  section  5 of part CC of chapter 56 of the laws of 2015, is
 amended to read as follows:
   18. (A) NO PERSON WHO HOLDS ANY PUBLIC OFFICE OR IS AN  OFFICER  IN  A
 PARTY COMMITTEE OR FIRM OR ASSOCIATION OF WHICH SUCH PERSON IS A MEMBER,
 OR CORPORATION, TEN PER CENTUM OR MORE OF THE STOCK OF WHICH IS OWNED OR
 CONTROLLED  DIRECTLY OR INDIRECTLY BY SUCH PERSON, SHALL RECEIVE COMPEN-
 SATION FOR LEGAL FEES, CONSULTING, OR ANY OTHER CONTRACTUAL  EXPENDITURE
 FOR  SERVICES,  WHETHER ACTUALLY PERFORMED OR NOT, FROM A STATE OR LOCAL
 AUTHORITY AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "PARTY  COMMITTEE"
 SHALL HAVE THE SAME MEANING AS IN SECTION 2-100 OF THE ELECTION LAW.
   19.  In  addition  to  any penalty contained in any other provision of
 law, any person who knowingly and intentionally violates the  provisions
 of subdivisions two through five, seven, seven-a, eight, twelve or four-
 teen  through [seventeen] EIGHTEEN of this section shall be subject to a
 civil penalty in an amount not to exceed forty thousand dollars and  the
 value  of  any gift, compensation or benefit received in connection with
 such violation. Assessment of a civil penalty hereunder shall be made by
 the state oversight body with jurisdiction over  such  person.  A  state
 oversight  body  acting  pursuant to its jurisdiction, may, in lieu of a
 civil penalty, with respect to a violation of subdivisions  two  through
 five,  seven  or  eight  of  this section, refer a violation of any such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10931-03-7

 A. 7645                             2
 
 subdivision to the appropriate prosecutor and upon such conviction  such
 violation shall be punishable as a class A misdemeanor.
   §  2.  Subdivision 1 of section 2825 of the public authorities law, as
 amended by chapter 766 of the laws  of  2005,  is  amended  to  read  as
 follows:
   1.  No  public officer or employee shall be ineligible for appointment
 as a trustee or member of the governing body of a state or local author-
 ity, as defined in section two of this chapter, and any  public  officer
 or  employee  may  accept  such appointment and serve as such trustee or
 member without forfeiture of any other  public  office  or  position  of
 public  employment  by reason thereof. PROVIDED, ADDITIONALLY, NO PERSON
 WHO HOLDS ANY PUBLIC OFFICE OR IS AN OFFICER IN A  PARTY  COMMITTEE,  OR
 FIRM  OR  ASSOCIATION  OF WHICH SUCH PERSON IS A MEMBER, OR CORPORATION,
 TEN PER CENTUM OR MORE OF THE STOCK WHICH IS OWNED OR CONTROLLED DIRECT-
 LY OR INDIRECTLY BY SUCH PERSON, SHALL RECEIVE  COMPENSATION  FOR  LEGAL
 FEES,  CONSULTING,  OR  ANY  OTHER CONTRACTUAL EXPENDITURE FOR SERVICES,
 WHETHER ACTUALLY PERFORMED OR NOT, FROM A STATE OR LOCAL AUTHORITY.  FOR
 THE  PURPOSES OF THIS SUBDIVISION, THE TERM "PARTY COMMITTEE" SHALL HAVE
 THE SAME MEANING AS IN SECTION 2-100 OF THE ELECTION LAW.
   § 3. This act shall take effect immediately.