BILL NUMBER:  S1080

 TITLE OF BILL :

An act to amend the public officers law, in relation to filing
requirements for the annual statement of financial disclosure

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to require the filing of financial
disclosure statements.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Subdivision 3 of section 73-a of the Public Officers Law is
amended by adding a new paragraph (a-1) to read as follows:

(a-1) The provisions of paragraph (a) of this subdivision shall apply
to 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:

(i) who was such a statewide elected official, state officer or
employee, member of the legislature, legislative employee, political
party chairman or candidate for statewide elected office or for member
              

of the legislature for any portion of the calendar year; and

(ii) whether or not such statewide elected official, state officer or
employee, member of the legislature, legislative employee, political
party chairman or candidate for statewide elected office or member of
the legislature is in office, is employed, is a candidate or is
otherwise serving in any capacity on the 15th day of May following the
year for which an annual statement of financial disclosure is required
to be filed.

Section 2. This at shall take effect immediately.

 JUSTIFICATION :

Currently, members of the New York State Legislature are required to
file under both the Legislative Ethics Law and the Public Officers Law
as created by JCOPE. By May 15th of each year a completed financial
disclosure statement is received by the Legislative Ethics Commission,
which then files the same information with JCOPE. That form requires
the disclosure of activities, finances and assets that may indicate
financial improprieties or conflicts of interest.

The current law has been interpreted to not require disclosure by
individuals no longer serving in the legislature on May 15th of the
following year. This allows members of the legislature to serve an
entire year or more without the accountability required by the
disclosure law.

A review of the JCOPE filings indicates that no member of the state
legislature who retired in 2012, or lost running for re-election, or
ran for another office and lost, completed 2013 financial disclosures
by May 15, 2-13 and still have done so.

In early 2014, there were 11 vacancies in the state legislature that
occurred on or before December 31, 2013, and another who left service
prior to the May 5, 2014 deadline. Several of them left due to
criminal, or other ethical charges having been brought, and none of
the individuals who occupied those seats are required to disclose
their potential improprieties and conflicts of interest while in
office.
Therefore, the current state of the law is such that an elected
official can decide early in the last year of their term to retire,
knowing that they will not have to complete the ethical obligation of
JCOPE and the Legislative Commission on Ethics when they are finished.

This legislation would close that loophole in the law, and require
completed ethical disclosure forms for each and every day that a
statewide elected official or a member of the state legislature serves
in that office.

 PRIOR LEGISLATIVE HISTORY :

S. 7135 of 2013/2014
S.  4684 of 2015/2016

 FISCAL IMPLICATIONS :

There are no fiscal implementations associated with the passage of
this legislation.

 EFFECTIVE DATE :
This act shall take effect immediately.