Bill Text: NY S00965 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to contracts involving state agencies; prohibits a municipal officer or employee, for compensation, to represent private interests before any municipal agency or appear directly or indirectly on behalf of private interests in matters involving the respective municipality.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2018-03-13 - referred to governmental operations [S00965 Detail]

Download: New_York-2017-S00965-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           965
                               2017-2018 Regular Sessions
                    IN SENATE
                                     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:
     1    Section 1. Subparagraph iv  of  paragraph  (g)  of  subdivision  2  of
     2  section  87  of  the public officers law, as added by chapter 510 of the
     3  laws of 1999, is amended and a new subparagraph v is added  to  read  as
     4  follows:
     5    iv.  external audits, including but not limited to audits performed by
     6  the comptroller and the federal government; [or]
     7    v. materials exchanged between an agency and any entity not defined as
     8  an agency pursuant to this article that has not been retained by  formal
     9  contract or agreement; or
    10    § 2. Subdivision 7 of section 73 of the public officers law is amended
    11  by adding a new paragraph (a-1) to read as follows:
    12    (a-1)  The  provisions  of  this  subdivision  shall also apply to any
    13  person or entity contracting with a state agency for  the  period  which
    14  the contract remains in effect.
    15    § 3. Paragraph 6 of subdivision b of section 2604 of the New York city
    16  charter, as added by a vote of the people of the city of New York at the
    17  general  election  held  in  November  of  1988,  is  amended to read as
    18  follows:
    19    6. (a) No public servant shall, for  compensation,  represent  private
    20  interests  before  any  city  agency or appear directly or indirectly on
    21  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
     1  servant who is not a regular employee, this prohibition shall apply only
     2  to the agency served by the public servant.
     3    (b)  No  person or entity not defined as a public servant for purposes
     4  of this charter who contracts with a city  agency  shall  thereafter  be
     5  authorized  to  appear before any such agency for any other client for a
     6  fee until after the expiration of such contract; provided, however, that
     7  if such contract is with the office of the mayor, or city council,  such
     8  person  or  entity  shall be prohibited from appearing before any agency
     9  for any other client for a  fee  until  after  the  expiration  of  such
    10  contract.
    11    §  4.  The  general  municipal  law is amended by adding a new section
    12  801-a to read as follows:
    13    § 801-a. Restrictions on appearance before a municipal  department  or
    14  agency.    1.  No municipal officer or employee shall, for compensation,
    15  represent private  interests  before  any  municipal  agency  or  appear
    16  directly or indirectly on behalf of private interests in matters involv-
    17  ing the respective municipality. For a municipal officer or employee who
    18  is  not  a  regular  employee,  this prohibition shall apply only to the
    19  department or agency served by the municipal officer or employee.
    20    2. No person or entity that is not defined as a municipal  officer  or
    21  employee  for  purposes  of  this article who contracts with a municipal
    22  agency or department shall thereafter be authorized to appear before any
    23  such municipal agency or department for any other client for a fee until
    24  after the expiration of such contract; provided, however, that  if  such
    25  contract  is with the chief executive officer, or the controlling legis-
    26  lative body of the municipality, such person or entity shall be  prohib-
    27  ited  from  appearing  before  any municipal department or agency of the
    28  respective municipality for any other client for a fee until  after  the
    29  expiration of such contract.
    30    §  5. This act shall take effect on the forty-fifth day after it shall
    31  have become a law.