Relates to restricting certain business or professional activities by former speaker of the assembly, temporary president of the senate and majority leader of the senate.
TITLE OF BILL: An act to amend the public officers law, in relation to restricting certain business or professional activities by certain former members of the legislature
PURPOSE OR GENERAL IDEA OF BILL: To prohibit the Speaker of the Assembly and Majority Leader of the Senate from lobbying the Executive branch for a period of two years after leaving office.
SUMMARY OF SPECIFIC PROVISIONS: Amends the public officers law to provide that no person who has held the position of Assembly Speaker, Senate Majority Leader, or Temporary President of the Senate can seek the approval or disapproval of legislation by the Governor, the procurement of goods or services by any State agency or authority, or the adoption or modification of Department rules or regulations for a period of two years until after he or she shall have ceased to be a member of the Senate or Assembly.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Current law imposes a two year ban on lobbying the Legislature.
JUSTIFICATION: The Brennan Center has said that the legislative leadership has a "stranglehold" on which bills reach the floor. Legislative leaders are also the leaders of each house and as such control a large network of political patronage. It is not uncommon that employees of the Legislature - who may very well have been hired by or with the approval of these leaders transfer to agencies where they help both in administering the government and developing regulatory policies. It is reasonable to require those who at the highest level of government within the Legislature refrain from not only lobbying their former colleagues but also employees of the Executive branch with whom they in all likelihood had substantial dealings with.
LEGISLATIVE HISTORY: S.2600 of 2009: Referred to Finance
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2549 2011-2012 Regular Sessions IN SENATE January 25, 2011 ___________Introduced by Sens. BONACIC, KRUEGER, 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 restricting certain business or professional activities by certain former members of the legislature THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (iii) of paragraph (a) of subdivision 8 of section 73 of the public officers law, as amended by chapter 14 of the laws of 2007, is amended to read as follows: (iii) No person who has served as a member of the legislature shall within a period of two years after the termination of such service receive compensation for any services on behalf of any person, firm, corporation or association to promote or oppose, directly or indirectly, the passage of bills or resolutions by either house of the legislature. No legislative employee shall within a period of two years after the termination of such service receive compensation for any services on behalf of any person, firm, corporation or association to appear, prac- tice or directly communicate before either house of the legislature to promote or oppose the passage of bills or resolutions by either house of the legislature. NO PERSON WHO WAS ELECTED TO OR OTHERWISE HELD THE POSITION OF SPEAKER OF THE ASSEMBLY OR TEMPORARY PRESIDENT OR MAJORITY LEADER OF THE SENATE SHALL, FOR COMPENSATION ON BEHALF OF ANY PERSON, FIRM, CORPORATION OR ASSOCIATION, SEEK THE SIGNING INTO LAW OF OR VETO ANY LEGISLATION BY THE GOVERNOR OR THE ENACTMENT, AMENDMENT, OR REMOVAL OR ANY RULE, REGULATION, OR POLICY OF ANY STATE DEPARTMENT, AGENCY, DIVISION, OR AUTHORITY, OR FOR THE PROCUREMENT OF CONTRACTS OR AGREE- MENTS BY ANY SUCH DEPARTMENT, AGENCY, DIVISION, OR AUTHORITY, FOR A PERIOD OF TWO YEARS UNTIL AFTER HE OR SHE SHALL HAVE CEASED TO BE A MEMBER OF THE SENATE OR ASSEMBLY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01890-01-1