S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    965
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced by Sens. MURPHY, LANZA -- read twice and ordered printed, and
   when  printed  to  be committed to the Committee on Investigations and
   Government Operations
 
 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
   § 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.
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02316-01-7
              

 S. 965                              2
 
 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
 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.
   §  4.  The  general  municipal  law is amended by adding a new section
 801-a to read as follows:
   § 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.
   §  5. This act shall take effect on the forty-fifth day after it shall
 have become a law.