Relates to the term "reportable business relationship" as it relates to certain employees of the state university of New York and the city university of New York.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5321
SPONSOR: Sillitti TITLE OF BILL:
An act to amend the legislative law, in relation to the term "reportable
business relationship" as it relates to certain employees of the state
university of New York and the city university of New York
PURPOSE:
This legislation would exclude faculty at SUNY and CUNY from the defi-
nition of covered employee as it relates to a reportable business
relationship.
SUMMARY OF PROVISIONS:
Section 1 amends Subdivision (w) of Section 1-C of the legislative law,
as added by section 8 of part A of chapter 399 of the laws of 2011.
Specifically states that the term reportable business relationship shall
not include any relationship between an individual and a college or
university when the individual's only state employment is through SUNY
or CUNY as a professor, adjunct professor, lecturer, instructor, assist-
ant professor, associate professor or similar teaching role and is
employed in a similar role at the college or university.
Section 2 is the effective date.
JUSTIFICATION:
Under New York's lobby laws, disclosure of a business relationship is
required to ensure conflicts of interest and ensure transparency.
However, under this law there are unintended consequences that are
created and not reflective of the goals of this important law. This
legislation would exempt an individual whose only state employment is as
a SUNY or CUNY professor who then is hired to teach at an independent
college. The intent of the current law is to ensure policy making indi-
viduals involved in State government must be transparent with their
business relationships. However, a SUNY or CUNY professor is not in a
making policy making position. Having a SUNY or CUNY professor covered
by this law results, in an unnecessary cost and acts as a roadblock and
disincentive to the hiring of these well qualified individuals.
LEGISLATIVE HISTORY:
A. 8267
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5321
2021-2022 Regular Sessions
IN ASSEMBLY
February 12, 2021
___________
Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law, in relation to the term "reportable
business relationship" as it relates to certain employees of the state
university of New York and the city university of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (w) of section 1-c of the legislative law, as
2 added by section 8 of part A of chapter 399 of the laws of 2011, is
3 amended to read as follows:
4 (w) The term "reportable business relationship" shall mean a relation-
5 ship in which compensation is paid by a lobbyist or by a client of a
6 lobbyist, in exchange for any goods, services or anything of value, the
7 total value of which is in excess of one thousand dollars annually, to
8 be performed or provided by or intended to be performed or provided by
9 (i) any statewide elected official, state officer, state employee,
10 member of the legislature or legislative employee, or (ii) any entity in
11 which the lobbyist or the client of a lobbyist knows or has reason to
12 know the statewide elected official, state officer, state employee,
13 member of the legislature or legislative employee is a proprietor, part-
14 ner, director, officer or manager, or owns or controls ten percent or
15 more of the stock of such entity (or one percent in the case of a corpo-
16 ration whose stock is regularly traded on an established securities
17 exchange). Provided, however, that such term shall not include any
18 relationship between an individual and a college or university, as such
19 terms are defined in section two of the education law, when such indi-
20 vidual's only state employment is through the state university of New
21 York or the city university of New York as a professor, adjunct profes-
22 sor, lecturer, instructor, assistant professor, associate professor, or
23 similar teaching role and is employed in a similar role at the college
24 or university.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01273-01-1
