A03945 Summary:

BILL NOA03945
 
SAME ASNo Same As
 
SPONSORKolb
 
COSPNSRAshby, Barclay, Blankenbush, Brabenec, Byrne, Crouch, DiPietro, Finch, Fitzpatrick, Friend, Garbarino, Giglio, Goodell, Hawley, Johns, Lalor, Lawrence, Malliotakis, McDonough, Mikulin, Miller B, Miller ML, Montesano, Morinello, Norris, Palmesano, Palumbo, Ra, Raia, Smith, Stec, Tague, Walsh, Salka, Smullen
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts the public officers accountability act.
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A03945 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Titus DATE:04/09/2019AYE/NAY:10/3 Action: Held for Consideration
TitusAyeJohnsNay
GalefAyeGoodellNay
GlickAyeLalorExcused
KimAyeByrneNay
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye
WilliamsAye
EpsteinAye

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A03945 Memo:

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.
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