Add §49-a, amd §24, St Fin L; add §33, Exec L; add §171-q, Tax L; add §107, Ec Dev L; amd §73, Pub Off L; add
§14-133, El L; add §2882, Pub Auth L
 
Relates to establishing the lump sum allocation advisory committee (Part A); relates to requiring transparency, identification and disclosure of certain appropriations (Part B); relates to withholding the salaries of the governor, agency commissioners and deputy commissioners for failing to meet certain reporting deadlines (Part C); relates to creating a tax rate reduction board to look at personal income tax and corporate franchise tax rates (Part D); relates to conducting an audit of all state economic development programs (Part E); relates to prohibiting certain political contributions by individuals appointed to entities that oversee lump sum appropriations (Part F); relates to prohibiting certain third party contracts (Part G).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6337
SPONSOR: Barclay (MS)
 
TITLE OF BILL:
An act to amend the state finance law, in relation to establishing the
lump sum allocation advisory committee (Part A); to amend the state
finance law, in relation to requiring transparency, identification and
disclosure of certain appropriations (Part B); to amend the executive
law, in relation to withholding the salaries of the governor, agency
commissioners and deputy commissioners for failing to meet certain
reporting deadlines (Part C); to amend the tax law, in relation to
creating a tax rate reduction board to look at personal income tax and
corporate franchise tax rates (Part D); to amend the economic develop-
ment law, in relation to conducting an audit of all state economic
development programs (Part E); to amend the public officers law and the
election law, in relation to prohibiting certain political contributions
by individuals appointed to entities that oversee lump sum appropri-
ations (Part F); and to amend the public authorities law, in relation to
prohibiting certain third party contracts (Part G)
 
PURPOSE OR GENERAL IDEA OF BILL:
To create greater oversight, transparency and accountability related to
economic development programs and lump sum appropriations, and to study
the impact of streamlining the tax system and economic development
programs of the state by: creating a lump sum allocation advisory
committee, requiring more detailed information related to lump sum
appropriations, instituting penalties related to late economic develop-
ment- or lump sum appropriation-related reports by state agencies,
conducting studies to reduce tax rates and simplify the economic devel-
opment assistance programs of the state, prohibiting certain political
contributions by individuals appointed to entities charged with distrib-
ution of discretionary state funds, and prohibiting public authorities
from using third-party entities (not-for-profits) as an intermediary for
.state procurement initiatives, including economic development.
 
SUMMARY OF PROVISIONS:
Sections 1 and 2. Contain the Legislative Findings and Intent and sets
forth the provisions of the bill. Contains the following provisions
divided into Parts A - F outlined as Follows: I. Part A: Lump Sum Allo-
cation Advisory Committee
A. Creates the Lump Sum Allocation Advisory Committee made up of the
Comptroller, the Attorney General and the Director of the Division of
the Budget that would be responsible for reviewing all requests for
allocatiOns originating from a lump sum appropriation where a grantee is
not identified to see if a conflict of interest exists. If a conflict of
interest exists, the committee shall deny the allocation, and all allo-
cations valued at over one million dollars or more can only be released
with the unanimous approval of the committee.
II. Part B: Requiring more detailed information related to lump sum
appropriations
A. Requires any lump sum appropriation to identify which entity
requested the appropriation.
B. Requires funds from any lump sum appropriation that fails to desig-
nate a grantee shall only be allocated pursuant to a plan that includes
an itemized list of grantees with the amount they will receive, or the
method for allocating the funding. This plan must be included in a
concurrent resolution that must be approved by a- majority vote of all
members elected to each house.
C. Requires the Governor or the member of the Legislature requesting an
allocation from a lump sum appropriation to submit a conflict of inter-
est form to the Lump Sum Allocation Advisory Committee, and prohibits
any allocation from a lump sum appropriation if the Lump Sum Allocation
Advisory Committee determines a conflict of interest exists.
D. Prohibits an allocation from a lump sum appropriation to any individ-
ual or entity that made a political donation within the past year to the
governor or member of the legislature requesting the allocation.
E. Prohibits an allocation from a lump sum appropriation to any individ-
ual or entity that employs or compensates the governor or member of the
legislature requesting the allocation, a family member of the governor
or member of the legislature requesting the allocation, or anyone who
resides in the home of the governor or member requesting the allocation.
III. Part C: Penalties for Certain State Agencies Failing to Meet
reporting deadlines
A. Directs the Comptroller to withhold the salaries of the Governor,
Agency Commissioners and Agency Deputy Commissioners of state economic
development agencies (Department of Economic Development, Empire State
Development Corporation and all of its subsidiaries, Taxation and
Finance, the Dormitory Authority of the State of New York and its
subsidiaries) and any agency required to issue a report related to a
lump sum appropriation if they fail to meet statutorily required report-
ing deadlines.
B. These agencies may receive an extension to submit a required report
if requested and approved by all legislative conference leaders.
IV. Part D: Tax Simplification Study
A. Directs Taxation and Finance to contract with a nationally recognized
entity (with preference going to an entity that is not currently a
vendor doing business with the State) to conduct a study to examine how
Personal Income Tax (PIT) and Corporate Franchise Tax (CFT) rates could
be proportionately reduced if all tax credits were eliminated and all
PIT and CFT receipts were forecasted to be revenue neutral.
B. Creates the Tax Rate Reduction Board, with members appointed by the
Speaker of the Assembly, the Minority Leader of the Assembly, the Tempo-
rary President of the Senate and the Minority Leader of the Senate that
will approve the selection of the nationally recognized entity, oversee
the analysis of the contracting entity, and issue a report to the gover-
nor and the legislature within one year detailing the results of the
study.
V. Part E: Economic Development Program Study
A. Directs the Comptroller, in coordination with the commissioners of
the departments of economic development and taxation and finance, to
contract with a nationally recognized entity (with preference going to
an entity that is not currently a vendor doing business with the State)
to conduct an audit on all state economic development programs.
B. Creates the Economic Development Audit Board with members appointed
by the Speaker of the Assembly, the Minority Leader of the Assembly, the
Temporary President of the Senate and the Minority Leader of the Senate
that will approve the selection of the nationally recognized entity, and
use the results of the audit to conduct a study and issue a report to
the Governor and the legislature on the feasibility of reducing the
number of economic program currently offered by the state and replacing
them with one centralized competitive program within one year.
VI. Part F: Prohibit Certain Political Contributions by Individuals
Appointed to Entities that Oversee Lump Sum Appropriations
A. Prohibit individuals appointed to entities charged with the distrib-
ution of state lump sum appropriations, and anyone residing in the
appointed individual's home, from making political donations to the
appointing authority for one year prior to, one year following, and
during the term of his or her appointment.
B. The appointee must identify any contributions made to the appointing
authority within the preceding twelve months, and the appointing author-
ity must refund these contributions.
VII. Part G: Prohibit the use of Not-for-Profits for State Procurement
Purposes
A. Prohibit the use of third party contracts where the main role of such
entity is to procure goods or services unless expressly authorized by an
act of the legislature.
Section 3. Contains the severability clause.
Section 4. Contains the effective date.
 
JUSTIFICATION:
It is the duty of the state government to be responsible, open and tran-
sparent about how it spends the taxpayer's hard earned money. With
billions of dollars of lump sum appropriations included in the state
budget that provide no details on who receives the money, or even which
elected official has control over the appropriation, and with continued
delays in releasing reports by state agencies on the effectiveness of
related programs, the government has failed to live up to its responsi-
bility.
Often times, this failure goes even deeper, as individuals and entities
have personally benefited from the lack of accountability and transpar-
ency. This legislation would begin to address this issue by creating a
lump sum allocation advisory committee, requiring greater transparency
related to lump sum appropriations, implementing penalties for certain
state agencies and entities that fail to release timely reports, prohib-
iting certain political contributions by appointees, prohibiting third-
party contracts for procurement purposes, and conducting studies on how
to simplify the current tax system and economic development environment
to ensure the current system that creates winners and losers is changed.
By implementing these policies, the state government can begin to repair
the complete breakdown of trust with the taxpayers over how it allocates
their money.
 
PRIOR LEGISLATIVE HISTORY:
A6780 of 2021-22 Held for consideration in Ways and Means
A5851 of 2019-20 Held for consideration in Ways and Means
A5657 of 2017-18 (Oaks) Held for consideration in Ways and Means
A10531 of 2016 Referred to Ways and Means
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
 
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
6337
2023-2024 Regular Sessions
IN ASSEMBLY
April 5, 2023
___________
Introduced by M. of A. BARCLAY, BLANKENBUSH, J. M. GIGLIO, GOODELL,
HAWLEY, McDONOUGH, RA, FRIEND, MILLER, WALSH, BRABENEC, SMITH, MIKU-
LIN, NORRIS, TAGUE, MORINELLO, MANKTELOW, BYRNES, SIMPSON, LEMONDES,
DeSTEFANO -- Multi-Sponsored by -- M. of A. K. BROWN, FITZPATRICK --
read once and referred to the Committee on Ways and Means
AN ACT to amend the state finance law, in relation to establishing the
lump sum allocation advisory committee (Part A); to amend the state
finance law, in relation to requiring transparency, identification and
disclosure of certain appropriations (Part B); to amend the executive
law, in relation to withholding the salaries of the governor, agency
commissioners and deputy commissioners for failing to meet certain
reporting deadlines (Part C); to amend the tax law, in relation to
creating a tax rate reduction board to look at personal income tax and
corporate franchise tax rates (Part D); to amend the economic develop-
ment law, in relation to conducting an audit of all state economic
development programs (Part E); to amend the public officers law and
the election law, in relation to prohibiting certain political
contributions by individuals appointed to entities that oversee lump
sum appropriations (Part F); and to amend the public authorities law,
in relation to prohibiting certain third party contracts (Part G)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. It is the duty of the
2 state government to be responsible, open and transparent about how it
3 spends the taxpayer's hard earned money. With billions of dollars of
4 lump sum appropriations included in the state budget that include no
5 details on who receives the money, or even which elected official has
6 control over the appropriation, and with continued delays in releasing
7 reports by state agencies on the effectiveness of related programs, the
8 government has failed to live up to its responsibility. Often times,
9 this failure goes even deeper, as individuals and entities have
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10678-01-3
A. 6337 2
1 personally benefited from the lack of accountability and transparency.
2 Therefore, the legislature finds it necessary to create a lump sum allo-
3 cation advisory committee, require greater transparency related to lump
4 sum appropriations, implement penalties for certain state agencies and
5 entities that fail to release timely reports, prohibit certain political
6 contributions by appointees and conduct studies on how to simplify the
7 current tax system and economic development environment to ensure the
8 current system that creates winners and losers is changed. By implement-
9 ing these policies, the state government can begin to repair the
10 complete breakdown of trust over how it allocates taxpayer money.
11 § 2. This act enacts into law major components of legislation provid-
12 ing for the creation of a lump sum allocation advisory committee,
13 requiring greater transparency related to lump sum appropriations,
14 implementing penalties for certain state agencies and entities that fail
15 to release timely reports, prohibiting certain political contributions
16 by appointees and conducting studies on how to simplify the current tax
17 system and economic development environment to ensure the current system
18 that creates winners and losers is changed. Each component is wholly
19 contained within a Part identified as Parts A through G. The effective
20 date for each particular provision contained within such Part is set
21 forth in the last section of such Part. Any provision in any section
22 contained within a Part, including the effective date of the Part, which
23 makes reference to a section "of this act", when used in connection with
24 that particular component, shall be deemed to mean and refer to the
25 corresponding section of the Part in which it is found. Section four of
26 this act sets forth the general effective date of this act.
27 PART A
28 Section 1. The state finance law is amended by adding a new section
29 49-a to read as follows:
30 § 49-a. Lump sum allocation advisory committee. 1. Definitions. As
31 used in this section, the following terms shall have the following mean-
32 ings:
33 (a) "committee" shall mean the lump sum allocation advisory committee
34 as established by subdivision two of this section;
35 (b) "lump sum appropriation" shall mean an item of appropriation with
36 a single related object or purpose, the purpose of which is to fund one
37 or more grantees by a means other than a statutorily prescribed formula
38 or an allocation pursuant to subdivision five of section twenty-four of
39 this chapter; and
40 (c) "grantee" shall have the same meaning as subdivision twenty-two of
41 section two of this chapter.
42 2. Establishment. There is hereby established the lump sum allocation
43 advisory committee consisting of the director of the division of budget,
44 the comptroller and the attorney general.
45 3. Powers and duties. The committee shall have the power and duty to:
46 (a) review all requests for allocations from a lump sum appropriation
47 where a grantee is not identified;
48 (b) request and receive, and shall utilize and be provided with such
49 facilities, resources and data of any court, department, division,
50 board, bureau, commission, agency subsidiary or subdivision of the state
51 or any political subdivision thereof, or of any public authority or
52 public benefit corporation, as it may reasonably request to carry out
53 its powers and duties pursuant to this subdivision;
A. 6337 3
1 (c) review and examine financial and personal relationships between
2 any potential grantee and the entity requesting the allocation to deter-
3 mine if a conflict of interest exists;
4 (d) examine the top qualified entities for allocations from a lump sum
5 appropriation that are allocated through a competitive process to deter-
6 mine if a conflict of interest exists;
7 (e) deny any allocation from a lump sum appropriation to a grantee if
8 the committee determines a conflict of interest exists; and
9 (f) approve any allocation from a lump sum appropriation after
10 completing a full and thorough review of such allocation.
11 4. Allocation. No monies from a lump sum appropriation shall be allo-
12 cated unless unanimously approved by the committee.
13 § 2. This act shall take effect immediately.
14 PART B
15 Section 1. Subdivisions 4 and 5 of section 24 of the state finance
16 law, as added by chapter 1 of the laws of 2007, are amended and a new
17 subdivision 5-a is added to read as follows:
18 4. Any appropriation submitted by the governor, when practicable, or
19 added to such budget bills, pursuant to section four of article seven of
20 the constitution, shall only contain itemized appropriations which shall
21 not be in the form of lump sum appropriations, and provided further that
22 for all non-federal state operations appropriations, such bill or bills
23 shall only contain itemized appropriations and shall be made, where
24 practicable, by agency, and within each agency by program and within
25 each program at the following level of detail and in the following
26 order:
27 (a) by fund type, which at a minimum shall include general fund,
28 special revenue-other funds, capital projects funds and debt service
29 funds;
30 (b) for personal service appropriations, separate appropriations shall
31 be made for regular personal service, temporary personal service, and
32 holiday and overtime pay;
33 (c) for nonpersonal service appropriations, separate appropriations
34 shall be made for supplies and materials, travel, contractual services,
35 equipment and fringe benefits, as appropriate; and
36 (d) at the request or discretion of the governor or a member of the
37 legislature, such appropriation shall include the name of the governor
38 or member of the legislature that requested such appropriation.
39 5. Any appropriation submitted by the governor, or added pursuant to
40 section four of article seven of the constitution without designating a
41 grantee shall be allocated only pursuant to a plan setting forth an
42 itemized list of grantees with the amount to be received by each, or the
43 methodology for allocating such appropriation. Such plan shall be
44 subject to the approval of the chair of the senate finance committee,
45 the chair of the assembly ways and means committee, and the director of
46 the budget, and thereafter shall be included in a concurrent resolution
47 calling for the expenditure of such monies, which resolution must be
48 approved by a majority vote of all members elected to each house upon a
49 roll call vote.
50 5-a. Any appropriation submitted by the governor or added to such
51 budget bills, pursuant to section four of article seven of the constitu-
52 tion, or allocation from a lump sum appropriation shall be subject to
53 the following:
A. 6337 4
1 (a) the governor or member of the legislature requesting such appro-
2 priation or allocation from a lump sum appropriation shall be required
3 to submit a signed conflict of interest form and submit such form to the
4 lump sum allocation advisory committee as established pursuant to
5 section forty-nine-a of this chapter to ensure that no conflict of
6 interest exists; the lump sum allocation advisory committee shall desig-
7 nate the form and content of the conflict of interest form. The governor
8 or member of the legislature shall disclose on the conflict of interest
9 form all political donations he or she is receiving or has received in
10 the past from the intended recipient of the appropriation funding or
11 allocation from a lump sum appropriation. Such a conflict of interest
12 form shall be signed by the governor or member of the legislature under
13 penalty of perjury;
14 (b) an appropriation provided at the discretion of the governor or
15 member of the legislature or an allocation from a lump sum appropriation
16 shall not be provided if the lump sum allocation advisory committee
17 declares a conflict of interest exists between the governor or a member
18 of the legislature designating the appropriation or allocation from a
19 lump sum appropriation and the potential recipient. These appropri-
20 ations and allocations from lump sum appropriations cannot fund an indi-
21 vidual or entity that employs or otherwise compensates the governor or
22 member of the legislature, governor's family or member of the legisla-
23 tor's family, any person sharing the home of the governor or member of
24 the legislature or the governor's or a member of the legislator's staff
25 for services or labor rendered. Furthermore, the governor or members of
26 the legislature shall not designate appropriations or request allo-
27 cations from a lump sum appropriation if the governor or member of the
28 legislature, a member of the governor's or member of the legislator's
29 family, any person sharing the home of the governor or member of the
30 legislature or a member of the governor's or member of the legislator's
31 staff is involved with the operations of the organization in a deci-
32 sion-making capacity including but not limited to working on an unpaid,
33 volunteer basis or as a member of the directing board of an organiza-
34 tion; and
35 (c) an appropriation provided at the discretion of the governor or
36 member of the legislature or an allocation from a lump sum appropriation
37 shall not be provided to any individual or entity who made a political
38 donation within the past year to the governor or member of the legisla-
39 ture requesting the appropriation or allocation from a lump sum appro-
40 priation until the political donation is refunded to the individual or
41 entity.
42 § 2. This act shall take effect immediately.
43 PART C
44 Section 1. The executive law is amended by adding a new section 33 to
45 read as follows:
46 § 33. Lump sum appropriation reporting; enforcement. 1. Notwithstand-
47 ing any law to the contrary, the comptroller is directed to withhold the
48 salaries of the governor, agency commissioners and deputy commissioners
49 when economic development state agencies, subsidiaries and authorities,
50 and/or any state entity required to issue a report related to a lump sum
51 appropriation fails to meet statutorily required reporting deadlines.
52 2. For purposes of this section "economic development state agencies,
53 subsidiaries and authorities" shall include, but are not limited to the
54 department of economic development, empire state development corporation
A. 6337 5
1 and all of its subsidiaries, the department of taxation and finance, and
2 the dormitory authority of the state of New York and its subsidiaries.
3 3. The comptroller shall withhold the salaries of the governor and
4 offending agency commissioners and deputy commissioners until such
5 required reports, as described in subdivision one of this section, are
6 issued.
7 4. Agencies may receive an extension to submit a required report, as
8 described in subdivision one of this section, if requested and approved
9 by all legislative conference leaders.
10 § 2. This act shall take effect immediately.
11 PART D
12 Section 1. The tax law is amended by adding a new section 171-q to
13 read as follows:
14 § 171-q. Tax rate reduction board; personal and corporate tax study.
15 (1) (a) The commissioner shall contract with a nationally recognized
16 entity to conduct a study to examine the corresponding personal income
17 tax brackets and dollar amounts that could be enacted if a proportionate
18 reduction in the personal income tax bracket and dollar amounts as
19 provided in section six hundred one of this chapter for taxable years
20 beginning after two thousand fifteen and before two thousand twenty-five
21 and for taxable years beginning after two thousand twenty-four, if all
22 of the personal income tax credits provided in section six hundred six
23 of this chapter were eliminated and personal income tax receipts were
24 forecasted to be revenue neutral based on current law.
25 (b) The commissioner shall contract with a nationally recognized enti-
26 ty to conduct a study to examine the corresponding reduction in the
27 imposition of the corporate franchise tax that could be enacted if a
28 proportionate reduction in the imposition of the corporate franchise tax
29 as provided by sections two hundred nine and two hundred ten of this
30 chapter, if all the credits provided in section two hundred ten-B of
31 this chapter were eliminated and the corporate franchise tax receipts
32 were forecasted to be revenue neutral based on current law.
33 (2) There is hereby established a tax rate reduction board consisting
34 of four members. One representative shall be appointed from each of the
35 following:
36 (a) the speaker of the assembly;
37 (b) the minority leader of the assembly;
38 (c) the temporary president of the senate; and
39 (d) the minority leader of the senate.
40 (3) The tax rate reduction board shall:
41 (a) approve the selection of the nationally recognized entity
42 described in subdivision one of this section, priority for such entity
43 shall be given to firms that are not current vendors doing business with
44 the state;
45 (b) oversee the required reports described in paragraphs (a) and (b)
46 of subdivision one of this section; and
47 (c) assist in the determination of areas of inquiry for, review the
48 progress of, and evaluate the results of such required reports.
49 (4) Such board, in consultation with the commissioner shall oversee
50 the analysis of the contracting entity and issue a report to the gover-
51 nor, the speaker of the assembly, the minority leader of the assembly,
52 the temporary president of the senate and the minority leader of the
53 senate detailing the results of such studies described in paragraphs (a)
A. 6337 6
1 and (b) of subdivision one of this section within one year after the
2 effective date of this section.
3 § 2. This act shall take effect immediately.
4 PART E
5 Section 1. The economic development law is amended by adding a new
6 section 107 to read as follows:
7 § 107. Economic development audit board. 1. The comptroller in coordi-
8 nation with the commissioner and the commissioner of taxation and
9 finance shall contract with a nationally recognized entity to conduct an
10 audit of all state economic development programs. Such audit shall
11 include, but not be limited to:
12 (a) identifying all programs by type and funding source;
13 (b) identifying the types of businesses that have received financial
14 assistance;
15 (c) reviewing information available on job creation or other data on
16 economic expansion;
17 (d) analyzing the geographic distribution of financial assistance
18 throughout the state;
19 (e) reviewing a sample of loans and grants to determine if statutory
20 requirements for the programs were followed;
21 (f) reviewing information available on economic development programs
22 in other states; and
23 (g) any other information deemed necessary by the comptroller in coor-
24 dination with the commissioner and the commissioner of taxation and
25 finance.
26 2. There is hereby established an economic development audit board
27 consisting of four members. One representative shall be appointed from
28 each of the following:
29 (a) the speaker of the assembly;
30 (b) the minority leader of the assembly;
31 (c) the temporary president of the senate; and
32 (d) the minority leader of the senate.
33 3. The economic development board shall:
34 (a) approve the selection of the nationally recognized entity
35 described in subdivision one of this section, priority for such entity
36 shall be given to firms that are not current vendors doing business with
37 the state;
38 (b) oversee the required reports described in subdivision five of this
39 section; and
40 (c) assist in the determination of areas of inquiry for, review the
41 progress of, and evaluate the results of such required reports.
42 4. The economic development audit board in consultation with the comp-
43 troller, the commissioner, and the commissioner of taxation and finance
44 shall develop all necessary rules and regulations to conduct an audit of
45 economic development programs pursuant to this section. Following the
46 review and audit of such economic development programs, the board shall
47 recommend all necessary changes to make such economic development
48 programs more transparent, streamlined, and to ensure that such programs
49 are meeting the goals of the laws that established them and providing
50 for a return on investment to the state. The results of this audit shall
51 be filed with the governor, the temporary president of the senate, the
52 minority leader of the senate, the speaker of the assembly and the
53 minority leader of the assembly and made available for public review
54 online.
A. 6337 7
1 5. After the conclusion of the audit, the board in consultation with
2 the comptroller, the commissioner and the commissioner of taxation and
3 finance shall study the feasibility of reducing the number of economic
4 development programs currently offered by the state and its subsidiaries
5 and replacing these programs with one centralized competitive program. A
6 report of the study, outlining the impact of such consolidation of
7 programs shall be posted online for public review and filed with the
8 governor, the temporary president of the senate, the minority leader of
9 the senate, the speaker of the assembly and the minority leader of the
10 assembly within one year after the effective date of this section.
11 § 2. This act shall take effect immediately.
12 PART F
13 Section 1. Paragraph (c) of subdivision 17 of section 73 of the public
14 officers law, as added by chapter 14 of the laws of 2007, is amended to
15 read as follows:
16 (c) (i) No state officer or employee shall, directly or indirectly,
17 use his or her official authority to compel or induce any other state
18 officer or employee to make or promise to make any political contrib-
19 ution, whether by gift of money, service or other thing of value.
20 (ii) No officer, appointed by one or more state officers, or by the
21 legislature, including but not limited to appointees to a commission,
22 board, council or panel, charged with the distribution of state lump sum
23 appropriations, as defined by subdivision twenty-one of section two of
24 the state finance law, shall not make any political contributions to
25 such appointing authority. This contribution prohibition shall also
26 apply to anyone residing in the appointee's household including, but not
27 limited to, a spouse, domestic partner and/or child. Such contribution
28 prohibition shall be for the term of one year prior to, one year follow-
29 ing, and during the term of his or her appointment. When an individual
30 is appointed to such a position, the appointee must identify any
31 contributions made to the appointing authority, and the appointing
32 authority must refund the entire contribution made within the previous
33 twelve-month period.
34 § 2. The election law is amended by adding a new section 14-133 to
35 read as follows:
36 § 14-133. Contributions by appointed party officers. Any appointed
37 party officer, including but not limited to appointees to a commission,
38 board, council or panel charged with the distribution of state lump sum
39 appropriations, as defined by subdivision twenty-one of section two of
40 the state finance law, shall not make any political contributions to
41 such appointing authority. This contribution prohibition shall also
42 apply to anyone residing in the appointee's household including, but not
43 limited to, a spouse, domestic partner and/or child. Such contribution
44 prohibition shall be for the term of one year prior to, one year follow-
45 ing, and during the term of his or her appointment. When an individual
46 is appointed to such a position, the appointee must identify any
47 contributions made to the appointing authority, and the appointing
48 authority must refund the entire contribution made within the previous
49 twelve-month period.
50 § 3. This act shall take effect immediately.
51 PART G
A. 6337 8
1 Section 1. The public authorities law is amended by adding a new
2 section 2882 to read as follows:
3 § 2882. Third-party contracting prohibited. 1. No state authority
4 shall enter into a contract or agreement or extend an existing contract
5 or agreement with another entity, unless authorized by special act of
6 the legislature, (i) where the exclusive or primary role of such entity
7 under the contract or agreement is to procure goods or services of any
8 kind, including, but not limited to, public work, construction, alter-
9 ations, or improvements to public facilities, grant contracts, employ-
10 ment contracts, revenue or concession contracts, the exchange of
11 personal or real property, the exchange of services, or any combination
12 thereof through a contract or agreement with a third party and (ii)
13 where such entity is acting as a procurement conduit, rather than being
14 directly responsible for the goods or services.
15 2. The comptroller may promulgate such rules and regulations as may be
16 necessary to enforce this section, including the standards for determin-
17 ing whether a contract is prohibited by this section.
18 § 2. This act shall take effect immediately and shall apply to
19 contracts entered into on and after such date.
20 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
21 sion, section or part of this act shall be adjudged by any court of
22 competent jurisdiction to be invalid, such judgment shall not affect,
23 impair, or invalidate the remainder thereof, but shall be confined in
24 its operation to the clause, sentence, paragraph, subdivision, section
25 or part thereof directly involved in the controversy in which such judg-
26 ment shall have been rendered. It is hereby declared to be the intent of
27 the legislature that this act would have been enacted even if such
28 invalid provisions had not been included herein.
29 § 4. This act shall take effect immediately provided, however, that
30 the applicable effective date of Parts A through G of this act shall be
31 as specifically set forth in the last section of such Parts.