NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3945
SPONSOR: Kolb
 
TITLE OF BILL:
An act to amend the state finance law, in relation to requiring trans-
parency, identification and disclosure of certain appropriations and
intended recipients (Part A); to establish the commission on official
conduct, providing for its powers, duties and functions, and providing
for the transfer of the functions, powers and duties of the joint
commission on public ethics, the office of the state inspector general
and the former temporary state commission of investigation to the
commission on official conduct; to amend the civil service law and the
legislative law, in relation to the joint commission on public ethics;
to amend the racing, pari-mutuel wagering and breeding law, in relation
to membership on the franchise oversight board; to amend the public
authorities law and the executive law, in relation to the state inspec-
tor general; to amend the criminal procedure law, the executive law and
the public officers law, in relation to the former temporary state
commission of investigation; to repeal section 94 of the executive law
relating to the joint commission on public ethics; to repeal article 4-A
of the executive law and subdivision 68 of section 2.10 of the criminal
procedure law relating to the office of the state inspector general; and
to repeal chapter 989 of the laws of 1958, relating to creating a tempo-
rary state commission of investigation, relating thereto (Part B); to
amend the election law, in relation to forfeiture of unspent campaign
funds after criminal conviction and resignation of the elected official
(Part C); to amend the penal law, in relation to failure to report
corruption (Part D); to amend the election law, in relation to limita-
tions on use of campaign contributions and to repeal certain provisions
of such law relating thereto (Part E); to amend the election law, in
relation to filing late campaign disclosure statements (Part F); and to
amend the legislative law, in relation to limiting the amount of time a
legislator may serve as a legislative leader (Part G)
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill enacts numerous reforms to restore accountability to New York
State government including: reforming member items; replacing the sepa-
rate investigative authorities with a new Commission on Official
Conduct; requiring the return of campaign funds to donors or charity
upon felony convictions; creating a new crime for failure to report
corruption; limiting use of campaign funds to campaign activities;
creating penalties for filing late campaign disclosure statements; and
instituting eight-year term limits for legislative leaders and committee
chairs.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Contains the title the "Public Officers Accountability Act."
Section 2. Contains the legislative intent. Also, contains the following
reforms divided into Parts A - G outlined as follows:
I. Part A: Member Item Reform
A. This part requires every appropriation for any discretionary request
by the Governor or any member or any Member Item to be itemized in the
budget and to include the name of the Governor or member requesting the
appropriation.
B. This part requires the Governor or member requesting the appropri-
ation to submit a form to the Attorney General indicating that no
conflict of interest exists.
C. Also, prohibits any appropriation at the discretion of the Governor
or a member when a conflict of interest exists, including appropriations
to organizations that employ or compensate the Governor, the legislator,
a family member or any person sharing the home of the Governor or
member.
II. Part B: Commission on Official Conduct
A. This part establishes a new five-member Commission on Official
Conduct that would assume the duties of the following:
i. The Joint Commission on Public Ethics (JCOPE);
ii. The Office of the State Inspector General; and
iii. The Former Temporary State Commission of Investigation.
B. Commission on Official Conduct Appointments:
i. One member appointed by the Chief Judge of the court of Appeals, who
will serve as the Commission Chair;
ii. One member appointed by the presiding justice of the appellate divi-
sion in the first department;
iii. One member appointed by the presiding justice of the appellate
division in the second department;
iv. One member appointed by the presiding justice of the appellate divi-
sion in the third department; and
v. One member appointed by the presiding justice of the appellate divi-
sion in the fourth department.
C. Each member of the commission will serve a five-year term. However,
the members that are initially appointed would serve a term in the
following manner:
i. The member appointed by the presiding justice in the fourth depart-
ment shall serve a term of one year;
ii. The member appointed by the presiding justice in the second depart-
ment shall serve a term of two years;
iii. The member appointed by the presiding justice in the third depart-
ment shall serve a term of three years;
iv. The member appointed by the presiding justice in the first depart-
ment shall serve a term of four years; and
v. The member appointed by the chief judge of the court of appeals shall
serve a term of five years.
III. Part C: Campaign Contribution Forfeiture
A. This part requires unspent contributions received by an elected offi-
cial that is convicted of a felony related to his/her duties to be
returned to the private source of the contributions within the elected
official's district (or to private sources within the state for a state-
wide elected official). If the contributions came from outside the
district (or state for statewide officials), or if the private source of
the contributions cannot be located, the unspent contributions would be
donated to a charity within the elected official's district, when prac-
ticable.
B. The Governor, the Speaker of the Assembly, the Temporary President of
the Senate, the Minority Leader of the Assembly, and the Minority Leader
of the Senate can deem charitable organizations ineligible to receive
forfeited donations.
IV. Part D: Failure to Report Corruption (new crime)
A. This part establishes a class A misdemeanor for a public servant who
fails to report corruption to a district attorney or to the Commission
on Official Conduct when he/she knows another person is guilty - subject
to a fine of $1,000 and/or up to one year in prison.
V. Part E: Prohibition on Campaign Funds for Personal Use
A. This part prohibits use of campaign contributions for personal use
that are not related to campaign purposes or activities including:
i. criminal attorney or legal fees;
ii. food;
iii. salary payments to a person or a family member;
iv. automobile purchases or leases;
v. travel and mileage;
vi. residential or household items;
vii. mortgage, rent, or utility payments;
viii. funeral, cremation, or burial;
ix. clothing;
x. tuition payments;
xi. childcare;
xii. dues, fees, or gratuities at a country club, health club, fraternal
organization, professional organization, or recreational facility;
xiii. admission to a sporting event, concert, theater, or other form of
entertainment;
xiv. payment of any fines, fees, or penalties;
xv. any other expenditure designated by the Commission on Official
Conduct as constituting personal use.
VI. Part F: Penalty for Filing Late Campaign Disclosure Statements
A. This part states that candidates, political committees or those
acting on a candidate's behalf that willfully fail to file financial
statements within 30 days after the deadline, unless granted an exten-
sion, would be subjected to the following civil penalties by the Commis-
sion on Official Conduct:
i. $1,000 for a first offense; and
ii. $2,500 for a second offense and every offense committed thereafter.
VII. Part G: Term Limits for Leaders and Committee Chairs
A. This part limits the time any Assembly member or Senator may serve as
a legislative leader or committee chair to no more than four consecutive
two-year terms.
Section 3. Contains the severability clause.
Section 4. Contains the effective date.
 
JUSTIFICATION:
The "Public Officers Accountability Act" specifically targets the prob-
lem of corruption and criminal activity in state government, and
provides severe consequences for elected officials and public officers
who defy the public's trust. This legislation contains real reforms to
curtail abu ses of office, state funds and campaign funds. The "Public
Officers Accountability Act" is necessary to restore accountability and
public confidence in New York State government.
 
PRIOR LEGISLATIVE HISTORY:
A. 5864 (2017-18), Held in Governmental Operations;
A.4617 (2015-16), Held in Governmental Operations;
A.7393 (2013-14), Held in Governmental Operations.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
applicable effective dates of parts A through G of this act shall be as
specifically set forth in the last section of such Parts.