Requires additional financial disclosure by the temporary president of the senate and the speaker of the assembly relating to outside sources of income for services rendered by such legislative leaders.
TITLE OF BILL: An act to amend the public officers law, in relation to financial disclosure by the temporary president of the senate and the speaker of the assembly
PURPOSE OR GENERAL IDEA OF BILL: To require broader disclosure of the outside income of the Speaker of the Assembly and Temporary President of the Senate.
SUMMARY OF SPECIFIC PROVISIONS: Requires the Speaker and Temporary President, in addition to filing any other information on their ethics disclosure forms to specify the amount and source of income they received and the nature of the services rendered or goods sold associated with that income. The bill also maintains existing privileges where a individual or entity (ie. attorney/client privilege) has a right not to have their name disclosed.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Presently the Speaker of the Assembly and Temporary President of the Senate are required to disclose outside income in only broad categories.
JUSTIFICATION: The Brennan Center has pointed out that the Legislative Leadership has a "stranglehold" on bills which reach the floor for a vote. People have a clear right to know what payments are being made to leaders with such power.
Disclosure of actual income, rather than broad based categories, particularly by the legislative leadership who have "a stranglehold on the flow of legislation at all stages of the legislative process" (quoting the Brennan Center's January 2, 2009 report), is a more than reasonable reform which the State can make to help again give people confidence in their government.
LEGISLATIVE HISTORY: S.2597 of 2009: Referred to Finance
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately and apply to any filing made for calendar year 2012 or later.
STATE OF NEW YORK ________________________________________________________________________ 2548 2011-2012 Regular Sessions IN SENATE January 25, 2011 ___________Introduced by Sens. BONACIC, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the public officers law, in relation to financial disclosure by the temporary president of the senate and the speaker of the assembly THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 73-a of the public officers law is amended by adding a new subdivision 3-a to read as follows: 3-A. IF THE REPORTING INDIVIDUAL IS THE SPEAKER OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT OF THE SENATE, THE REPORTING INDIVIDUAL SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED TO BE FILED PURSUANT TO THIS SECTION, ANSWER THE QUESTIONS STATED BELOW RELATING TO THE SOURCE AND SPECIFIC AMOUNT OF INCOME, AND THE NATURE OF SERVICES RENDERED, WHICH QUESTIONS AND ANSWERS SHALL BE APPENDED TO THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE AND FILED AT THE SAME TIME THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE IS FILED. IN THE EVENT THE SOURCE OF THE INCOME IS A SPECIFIC PERSON OR ENTITY WHOM THE REPORTING INDIVIDUAL OR HIS OR HER SPOUSE PERFORMED SERVICES FOR WHICH ARE SUBJECT TO A PRIVILEGE UNDER STATE OR FEDERAL LAW, THE REPORTING INDIVIDUAL (OR HIS OR HER SPOUSE AS THE CASE MAY BE) SHALL SIGN A DOCUMENT UNDER PENALTY OF PERJURY INDICATING THE NATURE OF THE SERVICES, BUT SHALL NOT BE REQUIRED TO DISCLOSE THE NAME OF THE INDIVID- UAL OR ENTITY. IF THE REPORTING INDIVIDUAL FOR THE REPORTING PERIOD RECEIVED INCOME OUTSIDE OF HIS OR HER STATE SALARY AND ANY OTHER PAYMENT FROM THE STATE RECEIVED PURSUANT TO THE LEGISLATIVE LAW, HE OR SHE SHALL STATE THE AMOUNT OF SUCH INCOME AND THE SOURCE OF THE SAME, AS WELL AS THE NATURE OF ANY SERVICES RENDERED OR GOODS SOLD. IN THE EVENT THE AMOUNT OF INCOME HAS NOT BEEN DETERMINED PRIOR TO THE TIME THE FILING IS REQUIRED, THE REPORTING INDIVIDUAL SHALL PROVIDE A WRITTEN EXPLANATION FOR THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01488-01-1 S. 2548 2
SAME AND SHALL FILE THE INFORMATION WITHIN THIRTY DAYS OF HIS OR HER FILING HIS OR HER TAX RETURN FOR THE PRIOR YEAR OR IF THE INCOME WAS PAID TO THE SPOUSE OF THE REPORTING INDIVIDUAL, WITHIN THIRTY DAYS OF HIS OR HER SPOUSE'S FILING SUCH TAX RETURN. THE DISCLOSURE REQUIRED BY THIS SUBDIVISION SHALL CONTAIN THE INFORMA- TION AND SHALL BE IN THE FORM SET FORTH HEREINBELOW: SOURCE OF INCOME AMOUNT OF INCOME SERVICES RENDERED ________________ ________________ _____________ ________________ ________________ _____________ ________________ ________________ _____________ ________________ ________________ _____________ S 2. This act shall take effect immediately and apply to any filing made for calendar year 2012 or later.