S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5491
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public officers  law,  in  relation  to  prohibiting
   members  of  the legislature from obtaining funding and providing such
   funds to any business entity or not-for-profit entities in which  such
   officials,  members, domestic partners or certain relatives hold offi-
   cial or legal positions
 
   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 and renumbered subdivision 19 and a new subdivision 18 is  added
 to read as follows:
   18.  NO  STATEWIDE ELECTED OFFICIAL OR MEMBER OF THE LEGISLATURE SHALL
 OBTAIN ANY FUNDING THROUGH STATE GRANTS OR MEMBER ITEMS, AND SUBSEQUENT-
 LY PROVIDE SUCH FUNDS TO ANY CORPORATION, PARTNERSHIP, LIMITED LIABILITY
 CORPORATION, OTHER BUSINESS ENTITY OR  NOT-FOR-PROFIT  ENTITY  IN  WHICH
 SUCH  OFFICIAL, MEMBER OR ANY RELATIVE BY BLOOD, MARRIAGE OR ADOPTION OF
 SUCH OFFICIAL OR MEMBER, DOMESTIC PARTNER OR A  PERSON  WORKING  IN  THE
 EMPLOY OF SUCH MEMBER HOLDS AN OFFICIAL OR LEGAL POSITION, INCLUDING BUT
 NOT LIMITED TO WORKING ON AN UNPAID, VOLUNTEER BASIS.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07651-01-3
              

 A. 5491                             2
 
 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. This act shall take effect immediately.