S T A T E O F N E W Y O R K
________________________________________________________________________
3310--A
2023-2024 Regular Sessions
I N S E N A T E
January 30, 2023
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Ethics and Internal Gover-
nance -- recommitted to the Committee on Ethics and Internal Gover-
nance in accordance with Senate Rule 6, sec. 8 -- 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07223-02-4
S. 3310--A 2
(v) licensing; [or]
(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-
S. 3310--A 3
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] 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.
