Relates to activities by former state officers; permits certain state officers, terminated between January 1, 2009 and April 1, 2014 due to a reduction in the state workforce, to engage in certain activities representing any entity before a state agency or board.

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S6584-2011 Actions

• Oct 3, 2012: SIGNED CHAP.485
• Sep 21, 2012: DELIVERED TO GOVERNOR
• Jun 4, 2012: returned to senate
• Jun 4, 2012: passed assembly
• Jun 4, 2012: ordered to third reading cal.704
• Jun 4, 2012: substituted for a9372
• May 2, 2012: referred to governmental operations
• May 2, 2012: DELIVERED TO ASSEMBLY
• May 2, 2012: PASSED SENATE
• Apr 30, 2012: ADVANCED TO THIRD READING
• Apr 26, 2012: 2ND REPORT CAL.
• Apr 25, 2012: 1ST REPORT CAL.588
• Mar 1, 2012: REFERRED TO FINANCE

S6584-2011 Meetings

Finance: Apr 25, 2012

S6584-2011 Calendars

Active List: May 2, 2012 , Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: May 2, 2012

S6584-2011 Votes

S6584-2011 Memo

BILL NUMBER:S6584

TITLE OF BILL:
An act to amend the public officers law, in relation to activities by
former state officers

PURPOSE:
Extends the exemption of subparagraph (i) of paragraph (a) to any state
officer or employee whose employment was terminated between January 1,
2009 to April 1, 2014.

SUMMARY OF PROVISIONS:
Section 1 - amends paragraph (b) of section 73 of the public officers
law (as amended by chapter 574 of the laws of 2011).

JUSTIFICATION:
Ordinarily, employees who leave State service may not, for two years,
appear or practice before their former agency or receive compensation
for rendering services on a matter before their former agency.

However, there are current provisions to allow for exemption from this
law in cases of termination due to the economy, consolidation, or aboli-
tion of functions. This particular act amends the public officers law
extending the exemption period by two years, from April 1, 2012 to April
1, 2014.

The economy has not bounced back from the recession as quickly as
originally predicted and state agencies and jobs are still being cut due
to budget constraints. This extension insures that state officers are
immune from the law that doesn't allow terminated state employees to
return to a related service for two years.

The restriction barring state employees from appearing or practicing
before their former agency or receiving compensation for rendering
services on a matter before their former agency was not meant to apply
to these employees. The employees eligible for this exemption were let
go due to no fault of there own, but rather because of intrinsic charac-
teristics of a struggling economy. Thus, it is pertinent to offer an
exemption to these employees who continue to suffer due to no fault of
there own, in order to give these terminated employees the opportunity
to continue their career as a state employee.

PRIOR LEGISLATIVE HISTORY:  New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on or after April 1, 2012.

S6584-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6584

                              I N  SENATE

                                March 1, 2012
                                 ___________

  Introduced  by Sen. McDONALD -- 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  activities  by
    former state officers

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


    Section 1. Paragraph (b) of subdivision 8 of section 73 of the  public
  officers  law, as amended by chapter 574 of the laws of 2011, is amended
  to read as follows:

    (b) (i) The provisions of subparagraph (i) of paragraph  (a)  of  this
  subdivision  shall  not  apply  to  any  state officer or employee whose
  employment was terminated on or after January  first,  nineteen  hundred
  ninety-five  and  before April first, nineteen hundred ninety-nine or on
  or after January first, two thousand nine and before  April  first,  two
  thousand  [twelve]  FOURTEEN because of economy, consolidation or aboli-
  tion of functions, curtailment of activities or other reduction  in  the
  state  work  force. On or before the date of such termination of employ-
  ment, the state agency shall provide to the terminated employee a  writ-
  ten certification that the employee has been terminated because of econ-
  omy,  consolidation or abolition of functions, curtailment of activities
  or other reduction in the state work force, and that  such  employee  is
  covered  by  the provisions of this paragraph. The written certification
  shall also contain a notice describing the rights  and  responsibilities
  of  the employee pursuant to the provisions of this section. The certif-
  ication and notice shall contain the information and  shall  be  in  the
  form set forth below:

                          CERTIFICATION AND NOTICE

  TO:  Employee's Name:   ____________________________
       State agency:     ____________________________
       Date of Termination: ____________________________

    I, (name and title) of (state agency), hereby certify that your termi-
  nation from State service is because of economy, consolidation or aboli-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14105-01-2

 S. 6584                             2

  tion  of  functions, curtailment of activities or other reduction in the
  State work force. Therefore, you are covered by the provisions of  para-
  graph  (b)  of  subdivision eight of section seventy-three of the Public
  Officers Law.
    You were designated as a policy maker: YES ____ NO ____

                                             ______________
                                                (TITLE)
  TO THE EMPLOYEE:

    This  certification affects your right to engage in certain activities
  after you leave state service.
    Ordinarily, employees who leave State service may not, for two  years,
  appear  or  practice  before their former agency or receive compensation
  for rendering services on a matter before their former agency.  However,
  because of this certification, you may be exempt from this restriction.
    If  you  were  not designated as a Policymaker by your agency, you are
  automatically exempt. You may, upon leaving State  service,  immediately
  appear,  practice  or  receive compensation for services rendered before
  your former agency.
    If you were designated as a Policymaker by your agency, you are eligi-
  ble to apply for an exemption to the Commission on Public  Integrity  at
  540 Broadway, Albany, New York 12207.
    Even  if  you are or become exempt from the two year bar, the lifetime
  bar of the revolving door statute will continue to apply to you. You may
  not appear, practice, communicate or otherwise  render  services  before
  any  State  agency  in  relation to any case, proceeding, application or
  transaction with respect to which you were  directly  concerned  and  in
  which  you  personally  participated during your State service, or which
  was under your active consideration.
    If you have any questions about the application of the post-employment
  restrictions to your circumstances, you may contact  the  Commission  on
  Public Integrity at (518) 408-3976 or 1-800-87ETHIC (1-800-873-8442).
    (ii)  The  provisions  of subparagraph (i) of this paragraph shall not
  apply to any such officer or employee who at the time  of  or  prior  to
  such  termination had served in a policymaking position as determined by
  the appointing authority, which determination had been  filed  with  the
  state  ethics commission or the commission on public integrity, provided
  that such officer or employee may so appear or practice or receive  such
  compensation  with  the prior approval of the state ethics commission or
  the commission on public integrity. In determining whether to grant such
  approval the state ethics commission or the commission on public  integ-
  rity shall consider:

    A.  whether the employee's prior job duties involved substantial deci-
  sion-making authority over policies, rule or contracts;
    B. the nature of the duties to be performed by the  employee  for  the
  prospective employer;
    C. whether the prospective employment is likely to involve substantial
  contact  with  the  employee's former agency and the extent to which any
  such contact is likely to involve  matters  where  the  agency  has  the
  discretion to make decisions based on the work product of the employee;
    D.  whether  the prospective employment may be beneficial to the state
  or the public; and
    E. the extent of economic hardship to the employee if the  application
  is denied.
    S  2.  This  act  shall take effect immediately and shall be deemed to
  have been in full force and effect on or after April 1, 2012.