A2259-2011 Actions

• Jan 4, 2012: referred to governmental operations
• Jan 14, 2011: referred to governmental operations

A2259-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2259
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 14, 2011
 
 Introduced by M. of A. BRENNAN, COLTON -- Multi-Sponsored by -- M. of A.
 CAHILL,  COOK,  JACOBS  --  read once and referred to the Committee on
 Governmental Operations
 

AN ACT to amend the  public  officers  law,  in  relation  to  financial
 disclosure of certain political contributions
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The public officers law is amended by adding a new  section
 73-c to read as follows:

 

S 73-C. FINANCIAL DISCLOSURE OF POLITICAL CONTRIBUTIONS. 1. AS USED IN
 THIS SECTION:

 (A)  THE  TERM  "STATEWIDE  ELECTED OFFICIAL" SHALL MEAN THE GOVERNOR,
 LIEUTENANT GOVERNOR, COMPTROLLER, OR ATTORNEY GENERAL.
 (B) THE TERM "NEW YORK CITY CITYWIDE ELECTED OFFICIAL" SHALL MEAN  THE
 MAYOR, PRESIDENT OF THE COUNCIL, OR COMPTROLLER OF NEW YORK CITY.
 (C)  THE TERM "REPORTING INDIVIDUAL" SHALL MEAN ANY PERSON REQUIRED TO
 FILE AN ANNUAL  STATEMENT  OF  FINANCIAL  DISCLOSURE  PURSUANT  TO  THIS
 SECTION.
 2.  EVERY  STATEWIDE  ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE, NEW
 YORK CITY CITYWIDE ELECTED OFFICIAL, MEMBER OF THE NEW YORK  CITY  COUN
 CIL,  AND BOROUGH PRESIDENT, SHALL FILE A STATEMENT OF FINANCIAL DISCLO
 SURE CONTAINING THE INFORMATION SET FORTH IN SUBDIVISION  FOUR  OF  THIS
 SECTION.  SUCH STATEMENT SHALL BE FILED QUARTERLY EACH YEAR ON OR BEFORE
 THE FIFTEENTH DAY OF JANUARY, APRIL, JULY AND OCTOBER  WITH  RESPECT  TO
 THE PRECEDING QUARTER.
 3.  IF  THE  REPORTING INDIVIDUAL IS A MEMBER OF THE LEGISLATURE, SUCH
 STATEMENT SHALL BE FILED WITH THE LEGISLATIVE  ETHICS  COMMITTEE  ESTAB
 LISHED  BY SECTION EIGHTY OF THE LEGISLATIVE LAW. IF THE REPORTING INDI
 VIDUAL IS A NEW YORK CITY CITYWIDE ELECTED OFFICIAL, MEMBER OF  THE  NEW
 YORK  CITY  COUNCIL, OR BOROUGH PRESIDENT, SUCH STATEMENT SHALL BE FILED
 WITH THE NEW YORK CITY CONFLICT OF  INTEREST  BOARD.  IF  THE  REPORTING
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04781-01-1
 
       A. 2259                             2
 INDIVIDUAL  IS  A  STATEWIDE  ELECTED  OFFICIAL, SUCH STATEMENT SHALL BE
 FILED  WITH  THE    STATE  ETHICS  COMMISSION  ESTABLISHED  BY   SECTION
 NINETY-FOUR OF THE EXECUTIVE LAW.
 4. THE STATEMENT FILED BY THE REPORTING INDIVIDUAL SHALL INCLUDE:

 (A) THE NAME, ADDRESS AND OFFICE HELD BY THE REPORTING INDIVIDUAL;
 (B)  A  LIST  OF ALL MONEYS AND LOANS IN EXCESS OF ONE HUNDRED DOLLARS
 AND PROPERTY, WHETHER REAL OR PERSONAL, WHOSE FAIR MARKET  VALUE  IS  IN
 EXCESS OF ONE HUNDRED DOLLARS TRANSFERRED, CONTRIBUTED OR GRANTED TO ANY
 FUND,  ORGANIZATION, OR COMMITTEE OVER WHICH A REPORTING INDIVIDUAL HAS,
 OR APPEARS TO HAVE, DIRECT OR INDIRECT CONTROL, OR ANY MONEYS AND  LOANS
 IN EXCESS OF ONE HUNDRED DOLLARS AND PROPERTY, WHETHER REAL OR PERSONAL,
 WHOSE  FAIR  MARKET  VALUE  IS  IN EXCESS OF ONE HUNDRED DOLLARS, TRANS
 FERRED, CONTRIBUTED OR GRANTED TO  A  REPORTING  INDIVIDUAL  WHERE  SUCH
 REPORTING INDIVIDUAL HAS, OR APPEARS TO HAVE, DIRECT OR INDIRECT CONTROL
 OVER THE USE OF THE MONEY, LOAN OR PROPERTY;
 (C)  THE  DOLLAR AMOUNT OF SUCH MONEY OR LOAN AND FAIR MARKET VALUE OF
 SUCH PROPERTY;
 (D) THE NAME, ADDRESS AND EMPLOYER OF THE TRANSFEROR,  CONTRIBUTOR  OR
 GRANTOR;
 (E) THE DATE OF SUCH TRANSFER, CONTRIBUTION, OR GRANT;
 (F)  A  LIST  OF ALL EXPENDITURES AND PAYMENTS MADE FROM THOSE MONEYS,
 LOANS AND PROPERTY DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION;
 (G) THE DATE OF SUCH EXPENDITURE OR PAYMENT;
 (H) THE NAME, ADDRESS AND EMPLOYER OF THE PERSON TO WHOM SUCH EXPENDI
 TURE WAS MADE; AND
 (I) THE NAME OF ANY  FUND,  TRUST,  COMMITTEE  OR  OTHER  ORGANIZATION
 CREATED OR ESTABLISHED BY THE REPORTING INDIVIDUAL,
 PROVIDED,  HOWEVER, THAT SUCH REPORTING INDIVIDUAL SHALL NOT BE REQUIRED
 TO DISCLOSE ANY INFORMATION REQUIRED TO BE DISCLOSED BY ARTICLE FOURTEEN
 OF THE ELECTION LAW.
 5. UPON RECEIPT OF A FILED  STATEMENT  OF  FINANCIAL  DISCLOSURE,  THE
 LEGISLATIVE  ETHICS  COMMITTEE,  THE  STATE ETHICS COMMISSION OR THE NEW
 YORK CITY CONFLICT OF INTEREST BOARD SHALL  MAKE  SUCH  STATEMENT  IMME
 DIATELY AVAILABLE FOR PUBLIC INSPECTION.
 6.  A REPORTING INDIVIDUAL WHO KNOWINGLY AND WILFULLY FAILS TO FILE AN
 ANNUAL STATEMENT OF FINANCIAL DISCLOSURE OR WHO KNOWINGLY  AND  WILFULLY
 WITH  INTENT  TO  DECEIVE  MAKES  A FALSE STATEMENT OR GIVES INFORMATION
 WHICH SUCH INDIVIDUAL KNOWS TO BE FALSE ON SUCH STATEMENT  OF  FINANCIAL
 DISCLOSURE  FILED  PURSUANT  TO THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS.  ASSESSMENT  OF
 A  CIVIL  PENALTY HEREUNDER SHALL BE MADE BY THE STATE ETHICS COMMISSION
 OR BY THE LEGISLATIVE ETHICS COMMITTEE, AS THE CASE MAY BE, WITH RESPECT
 TO PERSONS SUBJECT TO THEIR RESPECTIVE JURISDICTIONS. THE  STATE  ETHICS
 COMMISSION   ACTING   PURSUANT   TO   SUBDIVISION  THIRTEEN  OF  SECTION
 NINETY-FOUR OF THE EXECUTIVE LAW OR  THE  LEGISLATIVE  ETHICS  COMMITTEE
 ACTING  PURSUANT TO SUBDIVISION TWELVE OF SECTION EIGHTY OF THE LEGISLA
 TIVE LAW, AS THE CASE MAY BE, MAY, IN LIEU OF A CIVIL PENALTY,  REFER  A
 VIOLATION  TO  THE  APPROPRIATE PROSECUTOR AND UPON SUCH CONVICTION, BUT
 ONLY AFTER SUCH REFERRAL, SUCH VIOLATION SHALL BE PUNISHABLE AS A  CLASS
 A MISDEMEANOR. A CIVIL PENALTY FOR FALSE FILING MAY NOT BE IMPOSED HERE
 UNDER  IN THE EVENT THE VALUE OR AMOUNT OF A CONTRIBUTION REPORTED HERE
 UNDER IS INCORRECT UNLESS SUCH REPORTED INFORMATION  IS  FALSELY  UNDER
 STATED.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
 OTHER PENALTY, CIVIL OR CRIMINAL MAY BE IMPOSED FOR A FAILURE  TO  FILE,
 OR  FOR  FALSE  FILING,  OF  SUCH  STATEMENT, EXCEPT THAT THE APPOINTING
 AUTHORITY MAY IMPOSE DISCIPLINARY ACTION AS OTHERWISE PROVIDED  BY  LAW.
 
       A. 2259                             3
 THE  STATE  ETHICS COMMISSION AND THE LEGISLATIVE ETHICS COMMITTEE SHALL
 EACH BE DEEMED TO BE AN AGENCY WITHIN THE MEANING OF  ARTICLE  THREE  OF
 THE  STATE  ADMINISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING
 THE  CONDUCT  OF  ADJUDICATORY  PROCEEDINGS  AND APPEALS RELATING TO THE
 ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.  SUCH RULES,  WHICH
 SHALL  NOT BE SUBJECT TO THE APPROVAL REQUIREMENTS OF THE STATE ADMINIS
 TRATIVE PROCEDURE ACT, SHALL PROVIDE FOR DUE  PROCESS  PROCEDURAL  MECH
 ANISMS  SUBSTANTIALLY  SIMILAR  TO THOSE SET FORTH IN SUCH ARTICLE THREE
 BUT SUCH MECHANISMS NEED NOT BE IDENTICAL IN TERMS OR SCOPE.  ASSESSMENT
 OF A CIVIL PENALTY SHALL BE FINAL UNLESS MODIFIED, SUSPENDED OR  VACATED
 WITHIN  THIRTY  DAYS  OF  IMPOSITION  AND  UPON  BECOMING FINAL SHALL BE
 SUBJECT TO REVIEW AT THE INSTANCE OF THE AFFECTED  REPORTING  INDIVIDUAL
 IN  A PROCEEDING COMMENCED AGAINST THE STATE ETHICS COMMISSION OR LEGIS
 LATIVE ETHICS COMMITTEE, PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE  CIVIL
 PRACTICE LAW AND RULES.
 

S 2. This act shall take effect immediately.

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