NY State Assembly Bill 2023-A4670

Assembly Bill A4670

2023-2024 Legislative Session

Prohibits certain persons from receiving compensation for legal fees, consulting, or other work performed for an industrial development agency or an economic assistance corporation

download bill text pdf

Current Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2024	print number 4670a
May 22, 2024	amend and recommit to governmental operations
Jan 03, 2024	referred to governmental operations
Feb 22, 2023	referred to governmental operations

Bill Amendments

Original

A (Active)

2023-A4670 - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §73, Pub Off L; amd §2825, Pub Auth L; amd §801, Gen Muni L

2023-A4670 - Summary

Prohibits certain persons from receiving compensation for legal fees, consulting, or other work performed for an industrial development agency, an economic assistance corporation or state or local authority.

2023-A4670 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4670
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 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, the public authorities law  and
   the  general municipal law, in relation to prohibiting certain persons
   from receiving compensation for legal fees, consulting, or other  work
   performed for an industrial development agency, an economic assistance
   corporation, or from a state or local authority
 
   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.   NO STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER
 OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR POLITICAL PARTY CHAIRMAN  AS
 DEFINED  IN  THIS  SECTION  AND  SECTION SEVENTY-THREE-A OF THIS ARTICLE
 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 IF   SUCH STATEWIDE ELECTED OFFICIAL,
 STATE OFFICER  OR  EMPLOYEE,  MEMBER  OF  THE  LEGISLATURE,  LEGISLATIVE
 EMPLOYEE  OR  POLITICAL  PARTY CHAIRMAN: (I) IS DIRECTLY CONTRACTED BY A
 STATE OR LOCAL AUTHORITY FOR THE RELATED SERVICES; (II) OWNS OR CONTROLS
 DIRECTLY OR INDIRECTLY TEN PER CENTUM OR MORE OF STOCK IN A  CORPORATION
 THAT  IS  CONTRACTED  BY  A  STATE  OR  LOCAL  AUTHORITY FOR THE RELATED
 SERVICES; OR (III) OWNS OR CONTROLS TEN PER CENTUM OR MORE OF THE  CAPI-
 TAL,  PROFITS,  OR  BENEFICIAL INTEREST IN A FIRM OR ASSOCIATION THAT IS
 CONTRACTED BY A STATE OR LOCAL AUTHORITY FOR THE RELATED SERVICES.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07223-01-3

 A. 4670                             2
 
 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
 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, NO STATEWIDE ELECTED
 OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE, LEGISLA-
 TIVE EMPLOYEE OR POLITICAL PARTY CHAIRMAN AS DEFINED IN SECTIONS  SEVEN-
 TY-THREE  AND  SEVENTY-THREE-A  OF THE PUBLIC OFFICERS LAW 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 IF   SUCH  STATEWIDE  ELECTED  OFFICIAL,  STATE
 OFFICER  OR EMPLOYEE, MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR
 POLITICAL PARTY CHAIRMAN: (I) IS DIRECTLY CONTRACTED BY A STATE OR LOCAL
 AUTHORITY FOR THE RELATED SERVICES; (II) OWNS OR  CONTROLS  DIRECTLY  OR
 INDIRECTLY  TEN  PER CENTUM OR MORE OF STOCK IN A CORPORATION OR THAT IS
 CONTRACTED BY A STATE OR LOCAL AUTHORITY FOR THE  RELATED  SERVICES;  OR
 (III)  OWNS  OR CONTROLS TEN PER CENTUM OR MORE OF THE CAPITAL, PROFITS,
 OR BENEFICIAL INTEREST IN A FIRM OR ASSOCIATION THAT IS CONTRACTED BY  A
 STATE OR LOCAL AUTHORITY FOR THE RELATED SERVICES.
   §  3.  Section 801 of the general municipal law, as amended by chapter
 1043 of the laws of 1965, is amended to read as follows:
   § 801. Conflicts of interest prohibited. Except as provided in section
 eight hundred two of this chapter, (1) no municipal officer or  employee
 shall have an interest in any contract with the municipality of which he
 is  an  officer or employee, when such officer or employee, individually
 or as a member of a board, has the  power  or  duty  to  (a)  negotiate,
 prepare,  authorize  or  approve  the  contract  or authorize or approve
 payment thereunder (b) audit bills or claims under the contract, or  (c)
 appoint  an  officer or employee who has any of the powers or duties set
 forth above [and], (2) no chief fiscal officer, treasurer, or his deputy
 or employee, shall have an interest in a bank or  trust  company  desig-
 nated  as  a depository, paying agent, registration agent or for invest-
 ment of funds of the municipality of which he is an officer or employee,
 AND (3) NO MUNICIPAL OFFICER 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  IF    SUCH
 MUNICIPAL  OFFICER:  (A)  IS  DIRECTLY  CONTRACTED  BY  A STATE OR LOCAL
 AUTHORITY FOR THE RELATED SERVICES, (B) OWNS  OR  CONTROLS  DIRECTLY  OR
 INDIRECTLY  TEN  PERCENT  OR  MORE  OF  STOCK  IN  A CORPORATION THAT IS
 CONTRACTED BY A STATE OR LOCAL AUTHORITY FOR THE  RELATED  SERVICES,  OR
 (C)  OWNS  OR  CONTROLS  TEN PERCENT OR MORE OF THE CAPITAL, PROFITS, OR
 BENEFICIAL INTEREST IN A FIRM OR ASSOCIATION THAT  IS  CONTRACTED  BY  A
 STATE  OR  LOCAL  AUTHORITY FOR THE RELATED SERVICES.  The provisions of
 this section shall in no event be construed to preclude the  payment  of
 A. 4670                             3
 
 lawful  compensation  and necessary expenses of any municipal officer or
 employee in one or more positions of public employment, the  holding  of
 which is not prohibited by law.
   § 4. This act shall take effect immediately.

2023-A4670A (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §73, Pub Off L; amd §2825, Pub Auth L; amd §801, Gen Muni L

2023-A4670A (ACTIVE) - Summary

2023-A4670A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4670--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Governmental Operations --  recommitted  to  the  Committee  on
   Governmental  Operations in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the public officers law, the public authorities law and
   the general municipal law, in relation to prohibiting certain  persons
   from  receiving compensation for legal fees, consulting, or other work
   performed for an industrial development agency, an economic assistance
   corporation, or from a state or local authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (a) and (b) of subdivision 7 of section 73 of
 the public officers  law, as amended by section 3 of part K  of  chapter
 286 of the laws of 2016, are amended to read as follows:
   (a) No statewide elected official, or state officer or employee, other
 than  in  the  proper  discharge of official state or local governmental
 duties, or member of the legislature or legislative employee,  or  poli-
 tical  party  chairman  shall  receive, directly or indirectly, or enter
 into any agreement express or implied for, any compensation, in whatever
 form, for the appearance or rendition of services by [himself,  herself]
 THEMSELF  or another in relation to any case, proceeding, application or
 other matter before a state agency where such appearance or rendition of
 services is in connection with:
   (i) the purchase, sale, rental or lease of  real  property,  goods  or
 services, or a contract therefor, from, to or with any such agency;
   (ii) any proceeding relating to rate making;
   (iii)  the  adoption  or  repeal  of any rule or regulation having the
 force and effect of law;
   (iv) the obtaining of grants of money or loans;
   (v) licensing; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07223-03-4

 A. 4670--A                          2
 
   (vi) any proceeding relating to a franchise provided for in the public
 service law[.]; OR
   (VII) LEGAL SERVICES, CONSULTING, OR ANY OTHER CONTRACTUAL EXPENDITURE
 FOR SERVICES, WHETHER ACTUALLY PERFORMED OR NOT FROM  A  STATE  OR LOCAL
 AUTHORITY  IF SUCH STATEWIDE ELECTED OFFICIAL, STATE OFFICER  OR EMPLOY-
 EE,  MEMBER  OF  THE  LEGISLATURE, LEGISLATIVE EMPLOYEE    OR  POLITICAL
 PARTY CHAIRMAN: (A) IS DIRECTLY CONTRACTED BY A STATE OR LOCAL AUTHORITY
 FOR  THE  RELATED  SERVICES; (B) OWNS OR CONTROLS DIRECTLY OR INDIRECTLY
 TEN PER CENTUM OR MORE OF STOCK IN A   CORPORATION THAT   IS  CONTRACTED
 BY  A  STATE  OR  LOCAL  AUTHORITY FOR THE RELATED SERVICES; OR (C) OWNS
 OR  CONTROLS TEN PER CENTUM OR MORE OF THE  CAPITAL,  PROFITS, OR  BENE-
 FICIAL INTEREST IN A FIRM OR ASSOCIATION THAT IS CONTRACTED BY  A  STATE
 OR LOCAL AUTHORITY FOR THE RELATED SERVICES.
   (b)  No political party chairman in a county wholly included in a city
 having a population of one million or more shall  receive,  directly  or
 indirectly,  or  enter  into  any  agreement express or implied for, any
 compensation, in whatever form,  for  the  appearance  or  rendition  of
 services  by  [himself,  herself] THEMSELF or another in relation to any
 case, proceeding, application or other matter  before  any  city  agency
 where such appearance or rendition of services is in connection with:
   (i)  the  purchase,  sale,  rental or lease of real property, goods or
 services, or a contract therefor, from, to or with any such agency;
   (ii) any proceeding relating to ratemaking;
   (iii) the adoption or repeal of any  rule  or  regulation  having  the
 force and effect of law;
   (iv) the obtaining of grants of money or loans;
   (v)  licensing.  For  purposes of this paragraph, the term "licensing"
 shall mean any  city  agency  activity  respecting  the  grant,  denial,
 renewal,  revocation,  enforcement,  suspension,  annulment, withdrawal,
 recall, cancellation or amendment of a license, permit or other form  of
 permission  conferring the right or privilege to engage in (i) a profes-
 sion, trade, or occupation or (ii) any business or activity regulated by
 a regulatory agency of a city  agency  which  in  the  absence  of  such
 license, permit or other form of permission would be prohibited; [and]
   (vi) any proceeding relating to a franchise[.]; AND
   (VII) LEGAL SERVICES, CONSULTING, OR ANY OTHER CONTRACTUAL EXPENDITURE
 FOR SERVICES, WHETHER ACTUALLY PERFORMED OR NOT  FROM  A STATE  OR LOCAL
 AUTHORITY  IF      SUCH  POLITICAL    PARTY  CHAIRMAN:  (A)  IS DIRECTLY
 CONTRACTED BY A STATE OR LOCAL AUTHORITY FOR THE RELATED  SERVICES;  (B)
 OWNS  OR CONTROLS DIRECTLY OR INDIRECTLY TEN PER CENTUM OR MORE OF STOCK
 IN A  CORPORATION THAT  IS  CONTRACTED  BY  A  STATE  OR LOCAL  AUTHORI-
 TY FOR THE RELATED SERVICES; OR (C) OWNS OR CONTROLS TEN PER  CENTUM  OR
 MORE  OF THE   CAPITAL,   PROFITS,  OR  BENEFICIAL INTEREST IN A FIRM OR
 ASSOCIATION THAT IS CONTRACTED BY A STATE OR  LOCAL  AUTHORITY  FOR  THE
 RELATED SERVICES.
   §  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, NO STATEWIDE ELECTED
 OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE, LEGISLA-
 TIVE EMPLOYEE OR POLITICAL PARTY CHAIRMAN AS DEFINED IN SECTIONS  SEVEN-
 A. 4670--A                          3
 
 TY-THREE  AND  SEVENTY-THREE-A  OF THE PUBLIC OFFICERS LAW 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  IF   SUCH STATEWIDE ELECTED OFFICIAL, STATE
 OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE  OR
 POLITICAL PARTY CHAIRMAN: (I) IS DIRECTLY CONTRACTED BY A STATE OR LOCAL
 AUTHORITY  FOR  THE  RELATED SERVICES; (II) OWNS OR CONTROLS DIRECTLY OR
 INDIRECTLY TEN PER CENTUM OR MORE OF STOCK IN A CORPORATION OR  THAT  IS
 CONTRACTED  BY  A  STATE OR LOCAL AUTHORITY FOR THE RELATED SERVICES; OR
 (III) OWNS OR CONTROLS TEN PER CENTUM OR MORE OF THE  CAPITAL,  PROFITS,
 OR  BENEFICIAL INTEREST IN A FIRM OR ASSOCIATION THAT IS CONTRACTED BY A
 STATE OR LOCAL AUTHORITY FOR THE RELATED SERVICES.
   § 3. Section 801 of the general municipal law, as amended  by  chapter
 1043 of the laws of 1965, is amended to read as follows:
   § 801. Conflicts of interest prohibited. Except as provided in section
 eight  hundred two of this chapter, (1) no municipal officer or employee
 shall have an interest in any contract with the  municipality  of  which
 [he  is] THEY ARE an officer or employee, when such officer or employee,
 individually or as a member of a board, has the power  or  duty  to  (a)
 negotiate,  prepare,  authorize  or approve the contract or authorize or
 approve payment thereunder (b) audit bills or claims under the contract,
 or (c) appoint an officer or employee who  has  any  of  the  powers  or
 duties set forth above [and], (2) no chief fiscal officer, treasurer, or
 [his]  THEIR  deputy  or  employee,  shall have an interest in a bank or
 trust company designated as a  depository,  paying  agent,  registration
 agent  or  for  investment of funds of the municipality of which [he is]
 THEY ARE an officer or employee, AND  (3)  NO  MUNICIPAL  OFFICER  SHALL
 RECEIVE COMPENSATION FOR LEGAL FEES, CONSULTING, OR ANY OTHER CONTRACTU-
 AL  EXPENDITURE  FOR SERVICES, WHETHER ACTUALLY PERFORMED OR NOT, FROM A
 STATE OR LOCAL AUTHORITY IF   SUCH MUNICIPAL OFFICER:  (A)  IS  DIRECTLY
 CONTRACTED  BY  A STATE OR LOCAL AUTHORITY FOR THE RELATED SERVICES, (B)
 OWNS OR CONTROLS DIRECTLY OR INDIRECTLY TEN PERCENT OR MORE OF STOCK  IN
 A  CORPORATION  THAT IS CONTRACTED BY A STATE OR LOCAL AUTHORITY FOR THE
 RELATED SERVICES, OR (C) OWNS OR CONTROLS TEN PERCENT  OR  MORE  OF  THE
 CAPITAL,  PROFITS,  OR BENEFICIAL INTEREST IN A FIRM OR ASSOCIATION THAT
 IS CONTRACTED BY A STATE OR LOCAL AUTHORITY FOR  THE  RELATED  SERVICES.
 The  provisions  of  this  section  shall  in  no  event be construed to
 preclude the payment of lawful compensation and  necessary  expenses  of
 any  municipal  officer  or  employee in one or more positions of public
 employment, the holding of which is not prohibited by law.
   § 4. This act shall take effect immediately, and  apply  to  contracts
 entered into on or after such effective date.

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