S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7147
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 27, 2015
                                      ___________
       Introduced  by  M. of A. KOLB -- read once and referred to the Committee
         on Governmental Operations
       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 commission
         on public integrity, 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  legisla-
         tive  law, in relation to the commission on public integrity; 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
         inspector  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 execu-
         tive 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 inspec-
         tor  general;  and to repeal chapter 989 of the laws of 1958, relating
         to creating a temporary 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 limitations on use of campaign contributions (Part E); to
         amend the election law, in relation to filing late campaign disclosure
         statements (Part F); to amend the election law,  in  relation  to  the
         reporting of certain contributions and expenditures (Part G); to amend
         the legislative law, in relation to term limits (Part H); to amend the
         executive  law,  the retirement and social security law, the education
         law, and the administrative code of the city of New York, in  relation
         to the forfeiture of retirement benefits (Part I); to amend the legis-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10155-01-5
       A. 7147                             2
         lative  law, in relation to creating an assembly standing committee on
         ethics and guidance (Part J); to amend the real property tax  law  and
         tax  law,  in  relation  to  limitations on certain exemptions and tax
         credits (Part K); and to amend the public officers law, in relation to
         the disclosure of measure of employment (Part L)
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "public integrity in government act of 2015".
    3    S 2.  This act enacts into law major components of legislation provid-
    4  ing  for  member  item  reform,  creating  a  new Commission on Official
    5  Conduct, requiring forfeiture of campaign funds upon felony convictions,
    6  creating a new crime for failure to report corruption, limiting  use  of
    7  campaign  funds, enhancing penalties for filing late campaign disclosure
    8  statements, requiring campaign contributions in excess of  five  hundred
    9  dollars  and payments to campaign volunteers to be reported within twen-
   10  ty-four hours, limiting terms of leaders and committee chairs,  allowing
   11  for  the  garnishment of convicted public officers' pension benefits for
   12  damages, establishing the Assembly  Standing  Committee  on  Ethics  and
   13  Guidance  in  Law, and requiring full disclosure of legislators' income.
   14  Each component is wholly contained within a Part identified as  Parts  A
   15  through  L.  The  effective date for each particular provision contained
   16  within such Part is set forth in the last  section  of  such  Part.  Any
   17  provision  in  any section contained within a Part, including the effec-
   18  tive date of the Part, which makes a reference to  a  section  "of  this
   19  act",  when  used in connection with that particular component, shall be
   20  deemed to mean and refer to the corresponding section  of  the  Part  in
   21  which  it  is  found.  Section  four  of this act sets forth the general
   22  effective date of this act. The "public  integrity  in  government  act"
   23  provided  in this act, includes the support of constitutional amendments
   24  that are consistent  with  the  intent  of  this  act.  The  legislature
   25  supports  constitutional  proposals  that  remove  pension benefits from
   26  public officials who are convicted of a felony related to such  individ-
   27  ual's  official  duties;  provide  that  no person who is convicted of a
   28  felony, related to such official duties, shall be eligible to  serve  in
   29  the  legislature;  allow  recall elections, and establish an independent
   30  redistricting commission.
   31                                   PART A
   32    Section 1. Subdivisions 4 and 5 of section 24  of  the  state  finance
   33  law,  as  added by chapter 1 of the laws of 2007, are amended to read as
   34  follows:
   35    4. Any appropriation SUBMITTED BY THE GOVERNOR OR added to such budget
   36  bills, pursuant to section four of article seven  of  the  constitution,
   37  shall  only  contain  itemized  appropriations which shall not be in the
   38  form of lump sum appropriations, and provided further that for all  non-
   39  federal  state  operations appropriations, such bill or bills shall only
   40  contain itemized appropriations and shall be made, where practicable, by
   41  agency, and within each agency by program and within each program at the
   42  following level of detail and in the following order:
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    1    (a) by fund type, which at  a  minimum  shall  include  general  fund,
    2  special  revenue-other  funds,  capital  projects funds and debt service
    3  funds;
    4    (b) for personal service appropriations, separate appropriations shall
    5  be  made  for  regular personal service, temporary personal service, and
    6  holiday and overtime pay;
    7    (c) for nonpersonal service  appropriations,  separate  appropriations
    8  shall  be made for supplies and materials, travel, contractual services,
    9  equipment and fringe benefits, as appropriate; AND
   10    (D) AT THE REQUEST OR DISCRETION OF THE GOVERNOR OR A  MEMBER  OF  THE
   11  LEGISLATURE,  SUCH  APPROPRIATION SHALL INCLUDE THE NAME OF THE GOVERNOR
   12  OR MEMBER OF THE LEGISLATURE.
   13    5. [Any appropriation added pursuant to section four of article  seven
   14  of  the  constitution  without  designating a grantee shall be allocated
   15  only pursuant to a plan setting forth an itemized list of grantees  with
   16  the  amount  to  be  received by each, or the methodology for allocating
   17  such appropriation. Such plan shall be subject to the  approval  of  the
   18  chair  of  the  senate finance committee, the chair of the assembly ways
   19  and means committee, and the director  of  the  budget,  and  thereafter
   20  shall be included in a concurrent resolution calling for the expenditure
   21  of  such monies, which resolution must be approved by a majority vote of
   22  all members elected to each house upon a roll call vote.] ANY  APPROPRI-
   23  ATION  SUBMITTED BY THE GOVERNOR OR ADDED TO SUCH BUDGET BILLS, PURSUANT
   24  TO SECTION FOUR OF ARTICLE SEVEN OF THE CONSTITUTION, SHALL  BE  SUBJECT
   25  TO THE FOLLOWING:
   26    (A)  THE  GOVERNOR OR MEMBER OF THE LEGISLATURE REQUESTING SUCH APPRO-
   27  PRIATION SHALL BE REQUIRED TO SUBMIT A SIGNED CONFLICT OF INTEREST  FORM
   28  AND  SUBMIT SUCH FORM TO THE ATTORNEY GENERAL TO ENSURE THAT NO CONFLICT
   29  OF INTEREST EXISTS; THE ATTORNEY GENERAL SHALL DESIGNATE  THE  FORM  AND
   30  CONTENT  OF THE CONFLICT OF INTEREST FORM. THE GOVERNOR OR MEMBER OF THE
   31  LEGISLATURE SHALL DISCLOSE ON THE CONFLICT OF INTEREST  FORM  ALL  POLI-
   32  TICAL  DONATIONS HE OR SHE IS RECEIVING OR HAS RECEIVED IN THE PAST FROM
   33  THE INTENDED RECIPIENT OF THE APPROPRIATION FUNDING. SUCH A CONFLICT  OF
   34  INTEREST  FORM SHALL BE SIGNED BY THE GOVERNOR OR MEMBER OF THE LEGISLA-
   35  TURE UNDER PENALTY OF PERJURY; AND
   36    (B) AN APPROPRIATION PROVIDED AT THE DISCRETION  OF  THE  GOVERNOR  OR
   37  MEMBER  OF THE LEGISLATURE SHALL NOT BE PROVIDED IF A CONFLICT OF INTER-
   38  EST EXISTS BETWEEN THE GOVERNOR OR A MEMBER OF THE LEGISLATURE DESIGNAT-
   39  ING THE APPROPRIATION AND THE POTENTIAL RECIPIENT. THESE  APPROPRIATIONS
   40  CANNOT FUND ORGANIZATIONS THAT EMPLOY OR OTHERWISE COMPENSATE THE GOVER-
   41  NOR  OR  MEMBER  OF  THE LEGISLATURE, GOVERNOR'S FAMILY OR MEMBER OF THE
   42  LEGISLATOR'S FAMILY, ANY PERSON SHARING THE  HOME  OF  THE  GOVERNOR  OR
   43  MEMBER  OF THE LEGISLATURE OR THE GOVERNOR'S OR A MEMBER OF THE LEGISLA-
   44  TOR'S STAFF FOR SERVICES OR LABOR RENDERED. FURTHERMORE, THE GOVERNOR OR
   45  MEMBERS OF THE LEGISLATURE SHALL NOT  DESIGNATE  APPROPRIATIONS  IF  THE
   46  GOVERNOR  OR  MEMBER  OF  THE LEGISLATURE, A MEMBER OF THE GOVERNOR'S OR
   47  MEMBER OF THE LEGISLATOR'S FAMILY, ANY PERSON SHARING THE  HOME  OF  THE
   48  GOVERNOR  OR  MEMBER OF THE LEGISLATURE OR A MEMBER OF THE GOVERNOR'S OR
   49  MEMBER OF THE LEGISLATOR'S STAFF IS INVOLVED WITH THE OPERATIONS OF  THE
   50  ORGANIZATION  IN A DECISION-MAKING CAPACITY INCLUDING BUT NOT LIMITED TO
   51  WORKING ON AN UNPAID, VOLUNTEER BASIS OR AS A MEMBER  OF  THE  DIRECTING
   52  BOARD OF AN ORGANIZATION.
   53    S 2. This act shall take effect immediately.
   54                                   PART B
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    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "commission on official conduct act".
    3    S  2. Definitions. As used in this act, the following terms shall have
    4  the following meanings:
    5    (a) "Commission" means the commission on official conduct  established
    6  by section three of this act.
    7    (b)  "Executive  director" means the executive director of the commis-
    8  sion, appointed pursuant to section four of this act.
    9    (c) "Covered agency" means all executive branch agencies, departments,
   10  divisions, officers, boards and commissions, public  authorities  (other
   11  than  multi-state  or  multi-national  authorities)  and  public benefit
   12  corporations, the heads of which are  appointed  by  the  governor,  and
   13  which do not have their own inspector general by statute.
   14    (d)  Covered individual means all statewide elected officials, members
   15  of the legislature and employees of the legislature, and state  officers
   16  and employees, as defined in sections 73 and 73-a of the public officers
   17  law,  candidates  for  statewide  elected  office  and for the senate or
   18  assembly, and the political party chairman as that term  is  defined  in
   19  section  73-a  of  the public officers law, lobbyists and the clients of
   20  lobbyists as such terms are defined in article 1-A  of  the  legislative
   21  law,  and individuals who have formerly held such positions, were lobby-
   22  ists or clients of lobbyists, as such terms are defined in  article  1-A
   23  of the legislative law, or who have formerly been such candidates.
   24    S  3. Commission on official conduct; established. (a) There is hereby
   25  established, as an independent state agency, the commission on  official
   26  conduct.  The  commission  shall  consist  of  five members appointed as
   27  follows:
   28    (1) one member appointed by the chief judge of the court  of  appeals,
   29  who shall serve as the chair of the commission;
   30    (2)  one  member  appointed  by the presiding justice of the appellate
   31  division in the first department;
   32    (3) one member appointed by the presiding  justice  of  the  appellate
   33  division in the second department;
   34    (4)  one  member  appointed  by the presiding justice of the appellate
   35  division in the third department; and
   36    (5) one member appointed by the presiding  justice  of  the  appellate
   37  division in the fourth department.
   38    (b)  Each  member  of  the commission shall serve a term of five years
   39  commencing on the first of January of the calendar  year  in  which  the
   40  vacancy  in  such office occurs; provided, however, that for the members
   41  initially appointed as members, the member appointed  by  the  presiding
   42  justice  in  the  fourth  department shall serve a term of one year, the
   43  member appointed by the presiding justice in the second department shall
   44  serve a term of two years, the member appointed by the presiding justice
   45  in the third department shall serve a term of three  years,  the  member
   46  appointed by the presiding justice in the first department shall serve a
   47  term  of  four  years and the member appointed by the chief judge of the
   48  court of appeals shall serve a term of five years.
   49    Any vacancy occurring in the membership of  the  commission  shall  be
   50  filled  within  sixty  days  of its occurrence in the same manner as the
   51  member whose vacancy is being filled was appointed. A  person  appointed
   52  to fill a vacancy occurring other than by expiration of a term of office
   53  shall  be  appointed  to  the  unexpired  term  of  the member he or she
   54  replaces.
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    1    (c) Four members of the commission shall constitute a quorum, and  the
    2  commission  shall have power to act by majority vote of the total number
    3  of members of the commission without vacancy.
    4    (d)  The  members  of the commission shall receive no compensation for
    5  their services, but shall be allowed their actual and necessary expenses
    6  incurred in the performance of their duties pursuant to this act.
    7    (e) Members of the commission may be removed by the chief judge of the
    8  court of appeals for substantial neglect of duty,  gross  misconduct  in
    9  office,  inability  to  discharge  the  powers  and  duties of office or
   10  violation of the provisions of this act, after written notice and oppor-
   11  tunity to be heard by the court of appeals.
   12    S 4. Executive director and staff. (a) The  commission  shall  appoint
   13  and  employ  an  executive director who shall serve a term of six years.
   14  Any vacancy in the office of executive director shall be  filled  within
   15  ten  days of its occurrence. A person appointed to fill a vacancy in the
   16  office of executive director occurring other than  by  expiration  of  a
   17  term of office shall be appointed to the unexpired term of the executive
   18  director he or she replaces.
   19    (b)  The executive director shall act in accordance with the policies,
   20  rules and regulations of the commission. He or she shall act in the name
   21  of the commission pursuant to  the  specific  powers  delegated  by  the
   22  commission to the office of executive director.
   23    (c)  The  commission  shall  appoint  and  employ such other staff and
   24  investigators as shall be necessary to carry out its powers  and  duties
   25  pursuant to this act.
   26    (d)  The  executive  director,  staff members and investigators may be
   27  removed by the commission for substantial neglect of duty, gross miscon-
   28  duct in office, inability to perform their duties or  violation  of  the
   29  provisions  of  this  act,  after  written  notice and opportunity to be
   30  heard.
   31    S 5. Powers and duties. The commission shall have the power  and  duty
   32  to:
   33    (a)  fix the compensation of the executive director, staff members and
   34  investigators;
   35    (b) request and receive, and shall utilize and be provided  with  such
   36  facilities,  resources  and  data  of  any  court, department, division,
   37  board, bureau, commission or agency of the state or any political subdi-
   38  vision thereof, or of any public  authority  or  public  benefit  corpo-
   39  ration,  as  it  may reasonably request to properly carry out its powers
   40  and duties pursuant to this act;
   41    (c) adopt, amend and rescind  rules  and  regulations  to  govern  the
   42  procedures  of  the  commission  and to implement the provisions of this
   43  act;
   44    (d) adopt, amend and rescind rules and regulations to assist  appoint-
   45  ing  authorities  in  determining which persons hold policy-making posi-
   46  tions for the purposes of section 73-a of the public officers law;
   47    (e) make available forms for annual statements of financial disclosure
   48  required to be filed pursuant to section 73-a  of  the  public  officers
   49  law;
   50    (f)  review  financial disclosure statements filed pursuant to section
   51  73-a of the public officers law;
   52    (g)  receive  and  investigate  complaints  and   referrals   alleging
   53  violations of section 73, 73-a or 74 of the public officers law, article
   54  1-A of the legislative law, or section 107 of the civil service law;
   55    (h)  permit  any person required to file a financial disclosure state-
   56  ment pursuant to section 73-a of the public officers law to delete  from
       A. 7147                             6
    1  the  copy  thereof made available for public inspection such information
    2  as shall be determined by the commission will have no  material  bearing
    3  on the discharge of the reporting person's official duties;
    4    (i) grant any person required to file a financial disclosure statement
    5  pursuant to section 73-a of the public officers law, an additional peri-
    6  od  of time within which to file such statement due to justifiable cause
    7  or undue hardship;
    8    (j) permit any person required to file a financial  disclosure  state-
    9  ment  pursuant to section 73-a of the public officers law to delete such
   10  information pertaining to such person's spouse or unemancipated children
   11  as shall be found by the commission will have no material bearing on the
   12  discharge of the reporting person's official duties;
   13    (k) advise and assist any state agency in establishing rules and regu-
   14  lations relating to possible conflicts  between  private  interests  and
   15  official duties of present and former state officers and employees;
   16    (l)  permit  any  person  who  has  not  been determined by his or her
   17  appointing authority to hold a policy-making position, but who is other-
   18  wise required to file a financial disclosure statement, to be granted an
   19  exemption from such filing requirement. The commission may grant such an
   20  exemption where the public interest does not require disclosure and  the
   21  applicant's duties do not involve negotiation, authorization or approval
   22  of:
   23    (1)  contracts,  leases,  franchises, revocable consents, concessions,
   24  variances, special permits or licenses as defined in section 73  of  the
   25  public officers law,
   26    (2)  the  purchase,  sale,  rental or lease of real property, goods or
   27  services, or a contract therefor,
   28    (3) the obtaining of grants of money or loans, or
   29    (4) the adoption or repeal of any rule or regulation having the  force
   30  and effect of law;
   31    (m)  determine  questions  common  to  a  class or defined category of
   32  persons or items of information required to be disclosed, where determi-
   33  nation of the question will prevent undue  repetition  of  requests  for
   34  exemption  or  deletion, or prevent undue complication in complying with
   35  the provisions of this act;
   36    (n) upon written request from a person subject to the requirements  of
   37  section  73,  73-a  or 74 of the public officers law, render an advisory
   38  opinion on the requirements of such provisions;
   39    (o) promulgate rules concerning restrictions on outside activities and
   40  limitations or the receipt of gifts and honoraria;
   41    (p) conduct training programs,  in  cooperation  with  the  governor's
   42  office  of employee relations, to provide instruction to persons subject
   43  to its jurisdiction;
   44    (q) administer and enforce all provisions of this act;
   45    (r) conduct any investigation necessary to carry out the provisions of
   46  this act;
   47    (s) receive and investigate complaints from any source,  or  upon  its
   48  own  initiative,  concerning  allegations of corruption, fraud, criminal
   49  activity, conflicts of interest or abuse in any covered agency or by any
   50  covered individual;
   51    (t) inform the heads of covered agencies of such allegations  and  the
   52  progress of investigations related thereto, unless special circumstances
   53  require confidentiality;
   54    (u)  determine  with  respect to such allegations whether disciplinary
   55  action, civil or criminal prosecution, or further  investigation  by  an
       A. 7147                             7
    1  appropriate  federal,  state or local agency is warranted, and to assist
    2  in such investigations;
    3    (v) prepare and release to the public written reports of such investi-
    4  gations,  as  appropriate and to the extent permitted by law, subject to
    5  redaction to protect the confidentiality of witnesses.  The  release  of
    6  all or portions of such reports may be deferred to protect the confiden-
    7  tiality of ongoing investigations;
    8    (w)  review  and  examine  periodically the policies and procedures of
    9  covered  agencies  with  regard  to  the  prevention  and  detection  of
   10  corruption, fraud, criminal activity, conflicts of interest or abuse;
   11    (x) recommend remedial acts to prevent or eliminate corruption, fraud,
   12  criminal activity, conflicts of interest or abuse in covered agencies;
   13    (y)  establish  programs  for  training  state  officers and employees
   14  regarding the prevention and elimination of corruption, fraud,  criminal
   15  activity, conflicts of interest or abuse in covered agencies;
   16    (z) subpoena and enforce the attendance of witnesses;
   17    (aa)  administer  oaths  or  affirmations  and examine witnesses under
   18  oath;
   19    (bb) require the production of any books and papers deemed relevant or
   20  material to any investigation, examination or review;
   21    (cc) examine and copy or remove  documents  or  records  of  any  kind
   22  prepared,  maintained  or held by any covered agency or covered individ-
   23  ual;
   24    (dd) require any officer or  employee  in  a  covered  agency  or  any
   25  covered  individual to answer questions concerning any matter related to
   26  the performance of his or her official duties.  No  statement  or  other
   27  evidence  derived therefrom may be used against such officer or employee
   28  in any  subsequent  criminal  prosecution  other  than  for  perjury  or
   29  contempt  arising  from  such  testimony.  The refusal of any officer or
   30  employee to answer questions shall be cause for removal from  office  or
   31  employment, or other appropriate penalty;
   32    (ee) monitor the implementation by covered agencies of any recommenda-
   33  tions made by the commission;
   34    (ff)  perform any other functions that are necessary or appropriate to
   35  fulfill the provisions of this act;
   36    (gg) conduct investigations in connection with:
   37    (1) the faithful execution and enforcement of the laws of  the  state,
   38  with  particular reference but not limited to organized crime and racke-
   39  teering,
   40    (2) the conduct of public officers and public employees, and of  offi-
   41  cers  and  employees  of public benefit corporations and public authori-
   42  ties, and
   43    (3) any matter concerning the public peace, public safety  and  public
   44  justice;
   45    (hh)  at  the  direction  of  the governor, conduct investigations and
   46  otherwise assist the governor in connection with:
   47    (1) the removal of public officers by the governor,
   48    (2) the making of recommendations by the governor to any other  person
   49  or body, with respect to the removal of public officers, and
   50    (3)  the  making of recommendations by the governor to the legislature
   51  with respect to changes in or additions to existing  provisions  of  law
   52  required for the more effective enforcement of the law;
   53    (ii)  at  the  direction or request of the governor or the head of any
   54  department, board, bureau, commission or  other  agency  of  the  state,
   55  investigate  the  management  or  affairs of any such department, board,
   56  bureau, commission or other agency;
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    1    (jj) upon the request of district attorneys and other law  enforcement
    2  officers,  cooperate  with, advise and assist them in the performance of
    3  their official powers and duties;
    4    (kk)  cooperate  with  departments  and  officers of the United States
    5  government in the investigation of violations of the federal laws within
    6  this state;
    7    (ll) examine into matters relating to law enforcement extending across
    8  the boundaries of the state into  other  states,  and  may  consult  and
    9  exchange  information  with  officers  and agencies of other states with
   10  respect to law enforcement problems of mutual concern to this and  other
   11  states;
   12    (mm)  whenever  it  shall appear to the commission that there is cause
   13  for the prosecution of a crime or for the removal of  a  public  officer
   14  for  misconduct,  refer  the evidence of such crime or misconduct to the
   15  officials authorized to conduct the prosecution or to remove the  public
   16  officer;
   17    (nn)  keep the public informed as to the operations of organized crime
   18  and problems of law enforcement in the state; and
   19    (oo) exercise any and all powers of the former  commission  on  public
   20  integrity  and  the former office of the state inspector general as they
   21  existed immediately prior to the effective date of this act,  and  exer-
   22  cise  any  and  all  powers  of the former temporary state commission of
   23  investigation as they existed on March 30, 2011.
   24    S 6. Financial disclosure. (a) The commission shall inspect all finan-
   25  cial disclosure statements filed with the commission to ascertain wheth-
   26  er any person subject to the reporting requirements of section  73-a  of
   27  the public officers law has failed to file such a statement, has filed a
   28  deficient  statement  or  has filed a statement which reveals a possible
   29  violation of section 73, 73-a or 74 of the public officers law.
   30    (b) If a person required to file a financial disclosure statement with
   31  the commission has failed to file a disclosure statement or has filed  a
   32  deficient statement, the commission shall notify the reporting person in
   33  writing, state the failure to file or detail the deficiency, provide the
   34  person  with a fifteen day period to cure the deficiency, and advise the
   35  person of the  penalties  for  failure  to  comply  with  the  reporting
   36  requirements.  Such notice shall be confidential. If the person fails to
   37  make such filing or fails to cure the deficiency  within  the  specified
   38  time  period,  the commission shall send a notice of delinquency: (1) to
   39  the reporting person; (2) in the case of a statewide  elected  official,
   40  to  the  temporary president of the senate and the speaker of the assem-
   41  bly; and (3) in the case of a state officer or employee, to the appoint-
   42  ing authority for such person. Such notice of delinquency may be sent at
   43  any time during the reporting person's service as  a  statewide  elected
   44  official,  state  officer  or employee, political party chair or while a
   45  candidate for statewide office, or within one year after termination  of
   46  such  service  or  candidacy.  The  jurisdiction of the commission, when
   47  acting pursuant to subdivision (d)  of  this  section  with  respect  to
   48  financial  disclosure, shall continue notwithstanding that the reporting
   49  person separates from state service, or  ceases  to  hold  office  as  a
   50  statewide  elected  official or political party chair, or ceases to be a
   51  candidate, provided the commission notifies such person of  the  alleged
   52  failure to file or deficient filing pursuant to this subdivision.
   53    (c)(1)  If  the  commission  receives  a  sworn  complaint  alleging a
   54  violation of section 73, 73-a or 74 of the public officers law,  section
   55  107  of the civil service law or article 1-A of the legislative law by a
   56  person or entity subject to the jurisdiction of the commission, or if  a
       A. 7147                             9
    1  reporting  individual  has  filed  a  statement which reveals a possible
    2  violation of these provisions, or if the commission  determines  on  its
    3  own initiative to investigate a possible violation, the commission shall
    4  notify  the  individual  in  writing,  describe  the possible or alleged
    5  violation of such laws and provide the person with a fifteen day  period
    6  in which to submit a written response setting forth information relating
    7  to  the  activities  cited as a possible or alleged violation of law. If
    8  the commission thereafter makes a determination that further inquiry  is
    9  justified,  it shall give the individual an opportunity to be heard. The
   10  commission shall also inform the individual of its rules  regarding  the
   11  conduct  of  adjudicatory  proceedings  and  appeals and the due process
   12  procedural mechanisms available to such individual.  If  the  commission
   13  determines  at any stage of the proceeding that there is no violation or
   14  that any potential conflict of interest violation has been rectified, it
   15  shall so advise the individual and the complainant, if any. All  of  the
   16  foregoing proceedings shall be confidential.
   17    (2)  If  the  commission  determines that there is reasonable cause to
   18  believe that a violation has occurred, it shall send a notice of reason-
   19  able cause: (i) to the reporting person; (ii) to the complainant if any;
   20  (iii) in the case of a statewide  elected  official,  to  the  temporary
   21  president of the senate and the speaker of the assembly; and (iv) in the
   22  case  of  a  state  officer or employee, to the appointing authority for
   23  such person.
   24    (3) The jurisdiction of the commission when acting  pursuant  to  this
   25  act  shall continue notwithstanding that a statewide elected official or
   26  a state officer or employee separates from state service, or a political
   27  party chair ceases to hold such office, or a candidate ceases  to  be  a
   28  candidate,  or a lobbyist or client of a lobbyist ceases to act as such,
   29  provided that the commission notifies such individual or entity  of  the
   30  alleged  violation  of law pursuant to paragraph one of this subdivision
   31  within one year from his or her separation from state service or his  or
   32  her  termination  of party service or candidacy, or from his, her or its
   33  last report filed pursuant to article 1-A of the legislative law.  Noth-
   34  ing in this section shall serve to limit the jurisdiction of the commis-
   35  sion in enforcement of subdivision 8 of section 73 of the  public  offi-
   36  cers law.
   37    (d)  An  individual  subject to the jurisdiction of the commission who
   38  knowingly and intentionally violates the provisions  of  subdivisions  2
   39  through  5,  7, 8, 12 or 14 through 17 of section 73 of the public offi-
   40  cers law, section 107 of the civil service law, or a reporting  individ-
   41  ual  who  knowingly  and  wilfully  fails to file an annual statement of
   42  financial disclosure or  who  knowingly  and  wilfully  with  intent  to
   43  deceive makes a false statement or fraudulent omission or gives informa-
   44  tion which such individual knows to be false on such statement of finan-
   45  cial  disclosure  filed  pursuant to section 73-a of the public officers
   46  law shall be subject to a civil penalty  in  an  amount  not  to  exceed
   47  $40,000 and the value of any gift, compensation or benefit received as a
   48  result  of such violation. An individual who knowingly and intentionally
   49  violates the provisions of paragraphs b, c, d or i of subdivision  3  of
   50  section 74 of the public officers law shall be subject to a civil penal-
   51  ty in an amount not to exceed $10,000 and the value of any gift, compen-
   52  sation  or benefit received as a result of such violation. An individual
   53  who knowingly and intentionally violates the provisions of paragraphs a,
   54  e or g of subdivision 3 of section 74 of the public officers  law  shall
   55  be  subject  to  a civil penalty in an amount not to exceed the value of
   56  any  gift,  compensation  or  benefit  received  as  a  result  of  such
       A. 7147                            10
    1  violation.  An  individual subject to the jurisdiction of the commission
    2  who knowingly and wilfully violates article 1-A of the  legislative  law
    3  shall  be  subject  to  civil  penalty  as provided for in that article.
    4  Assessment  of a civil penalty pursuant to this section shall be made by
    5  the commission with respect to persons subject to its  jurisdiction.  In
    6  assessing  the  amount of the civil penalties to be imposed, the commis-
    7  sion shall consider the seriousness of the violation, the amount of gain
    8  to the individual and whether the individual previously had any civil or
    9  criminal penalties imposed pursuant  to  this  section,  and  any  other
   10  factors the commission deems appropriate. For a violation of this subdi-
   11  vision,  other than for conduct which constitutes a violation of section
   12  107 of the civil service law,  subdivisions  12  or  14  through  17  of
   13  section  73  or  section 74 of the public officers law or article 1-A of
   14  the legislative law, the commission may, in lieu  of  a  civil  penalty,
   15  refer   a   violation  to  the  appropriate  prosecutor  and  upon  such
   16  conviction, such violation shall be punishable as a class A misdemeanor.
   17  A civil penalty for false filing may not be  imposed  pursuant  to  this
   18  section in the event a category of "value" or "amount" reported pursuant
   19  to this section is incorrect unless such reported information is falsely
   20  understated. Notwithstanding any other provision of law to the contrary,
   21  no  other  penalty,  civil  or  criminal may be imposed for a failure to
   22  file, or for a false filing,  of  such  statement,  or  a  violation  of
   23  section  73  of  the  public  officers  law,  except that the appointing
   24  authority may impose disciplinary action as otherwise provided  by  law.
   25  The  commission  may  refer violations of this section to the appointing
   26  authority for disciplinary action as  otherwise  provided  by  law.  The
   27  commission shall be deemed to be an agency within the meaning of article
   28  3  of  the  state  administrative  procedure  act  and shall adopt rules
   29  governing the conduct of  adjudicatory  proceedings  and  appeals  taken
   30  pursuant  to  a proceeding commenced under article 78 of the civil prac-
   31  tice law and rules relating to the assessment  of  the  civil  penalties
   32  authorized  by  this  subdivision and commission denials of requests for
   33  certain deletions or exemptions to be made from a  financial  disclosure
   34  statement  as  authorized  by  this  act. Such rules, which shall not be
   35  subject to the approval requirements of the state administrative  proce-
   36  dure  act,  shall provide for due process procedural mechanisms substan-
   37  tially similar to those set forth in article 3 of the state  administra-
   38  tive procedure act but such mechanisms need not be identical in terms or
   39  scope.  Assessment  of  a  civil  penalty or commission denial of such a
   40  request shall be final unless  modified,  suspended  or  vacated  within
   41  thirty days of imposition, with respect to the assessment of such penal-
   42  ty,  or unless such denial of request is reversed within such time peri-
   43  od, and upon becoming final shall be subject to review at  the  instance
   44  of  the affected reporting individuals in a proceeding commenced against
   45  the commission, pursuant to article 78 of the  civil  practice  law  and
   46  rules.
   47    (e)  If  the  commission  has  a  reasonable basis to believe that any
   48  person subject to the jurisdiction of the legislative ethics  commission
   49  may have violated any provisions of section 73 or 74 of the public offi-
   50  cers  law, it may refer such violation to the legislative ethics commis-
   51  sion. The referral by the commission to the legislative  ethics  commis-
   52  sion  shall  include  any  information  relating thereto coming into the
   53  custody or under the control of the commission  at  any  time  prior  or
   54  subsequent to the time of the referral.
   55    (f)  A copy of any notice of delinquency or notice of reasonable cause
   56  sent pursuant to subdivisions (b) and  (c)  of  this  section  shall  be
       A. 7147                            11
    1  included  in  the  reporting  person's  file and be available for public
    2  inspection and copying.
    3    S  7. Website. Within one hundred twenty days of the effective date of
    4  this section, the commission shall  create  and  thereafter  maintain  a
    5  publicly  accessible  website  which  shall  set forth the procedure for
    6  filing a complaint with the commission,  and  which  shall  contain  the
    7  documents  identified in section eight of this act, other than financial
    8  disclosure statements, and any other records or  information  which  the
    9  commission determines to be appropriate.
   10    S  8.  Public access to records. (a) Notwithstanding the provisions of
   11  article 6 of the public officers law, the only records of the commission
   12  which shall be available for public inspection and copying are:
   13    (1) the information set forth in  an  annual  statement  of  financial
   14  disclosure  filed  pursuant  to  section 73-a of the public officers law
   15  except the categories of value or amount, which shall  remain  confiden-
   16  tial, and any other item of information deleted pursuant to this act;
   17    (2)  notices  of delinquency sent under subdivision (b) of section six
   18  of this act;
   19    (3) notices of reasonable cause sent under paragraph two  of  subdivi-
   20  sion (c) of section six of this act;
   21    (4)  notices  of  civil assessments imposed under this act which shall
   22  include a description of the  nature  of  the  alleged  wrongdoing,  the
   23  procedural  history  of  the  complaint, the findings and determinations
   24  made by the commission, and any sanction imposed;
   25    (5) the terms of any settlement or compromise of a complaint or refer-
   26  ral which includes a fine, penalty or other remedy; and
   27    (6) those required to be held or maintained publicly available  pursu-
   28  ant to article 1-A of the legislative law.
   29    (b)  Pending  any application for deletion or exemption to the commis-
   30  sion, all information which is the subject or a part of the  application
   31  shall  remain confidential. Upon an adverse determination by the commis-
   32  sion, the reporting individual may request, and upon  such  request  the
   33  commission  shall  provide, that any information which is the subject or
   34  part of the application remain confidential for a period of thirty  days
   35  following  notice of such determination. In the event that the reporting
   36  individual resigns his or her office and holds no other  office  subject
   37  to the jurisdiction of the commission, the information shall not be made
   38  public and shall be expunged in its entirety.
   39    S  9. Responsibilities of covered agencies, covered individuals, state
   40  officers and employees.   (a) Every  state  officer  or  employee  in  a
   41  covered agency and every covered individual shall report promptly to the
   42  commission any information concerning corruption, fraud, criminal activ-
   43  ity, conflicts of interest or abuse by another state officer or employee
   44  relating to his or her office or employment, or by a person having busi-
   45  ness  dealings  with  a  covered  agency relating to those dealings. The
   46  knowing failure of any officer or employee to so report shall  be  cause
   47  for  removal from office or employment or other appropriate penalty. Any
   48  officer or employee who acts pursuant to this subdivision  by  reporting
   49  to  the  commission  improper  governmental action as defined in section
   50  75-b of the civil service law shall not be subject to dismissal,  disci-
   51  pline or other adverse personnel action.
   52    (b)  The  head  of any covered agency shall advise the governor within
   53  ninety days of the issuance of a report by  the  commission  as  to  the
   54  remedial action that the agency has taken in response to any recommenda-
   55  tion for such action contained in such report.
       A. 7147                            12
    1    S  10.  Confidentiality. Any person conducting or participating in any
    2  examination or investigation who shall disclose to any person other than
    3  the commission or an officer having the power to appoint one or more  of
    4  the  commissioners  the name of any witness examined, or any information
    5  obtained  or  given  upon  such  examination or investigation, except as
    6  directed by the commission, shall be guilty of a misdemeanor.
    7    S 11. Evidence to be impounded. Upon the application  of  the  commis-
    8  sion,  the  executive director or a duly authorized member of its staff,
    9  the supreme court or a justice thereof may impound any exhibit marked in
   10  evidence in any public or private hearing held  in  connection  with  an
   11  investigation conducted by the commission, and may order such exhibit to
   12  be  retained  by,  or  delivered  to  and  placed in the custody of, the
   13  commission. When so impounded such exhibit shall not be taken  from  the
   14  custody  of  the commission, except upon further order of the court or a
   15  justice thereof made upon five days' notice to the  commission  or  upon
   16  its application or with its consent.
   17    S  12.  Immunity  from  prosecution.  In  any investigation or hearing
   18  conducted by the commission pursuant to this act, relating to any  crime
   19  or  offense  with  respect  to which, by express provision of statute, a
   20  competent authority is authorized to confer immunity; the commission may
   21  confer immunity in accordance with the provisions of  section  50.20  of
   22  the criminal procedure law, but only after affording the attorney gener-
   23  al  and the appropriate district attorney the opportunity to be heard in
   24  respect to any objections which they may have to the  granting  of  such
   25  immunity.
   26    S 13. Transfer of functions, powers and duties. All functions, powers,
   27  duties  and obligations of the former commission on public integrity and
   28  the former office of the   state inspector  general  are  hereby  trans-
   29  ferred to the commission.
   30    S 14. Transfer of employees. (a) Upon transfer of the functions of the
   31  former commission on public integrity and the former office of the state
   32  inspector  general  to  the commission, provisions shall be made for the
   33  transfer to the commission of those employees of  such  former  agencies
   34  who  were  engaged in carrying out the functions transferred by this act
   35  in accordance with section 70 of the civil service  law  or,  where  not
   36  subject  to  the  civil  service  law, the provisions of such section 70
   37  shall be deemed applicable, except where the  context  clearly  requires
   38  otherwise.    Any such employee who, at the time of such transfer, has a
   39  temporary or provisional appointment shall be transferred subject to the
   40  same right of removal, examination or termination as though such  trans-
   41  fer had not been made except to the extent such rights are modified by a
   42  collective  bargaining  agreement.  Employees holding permanent appoint-
   43  ments in competitive class positions who are not transferred pursuant to
   44  this  section  shall  have  their  names  entered  upon  an  appropriate
   45  preferred list for reinstatement pursuant to the civil service law.
   46    (b)  A  transferred  employee  shall  remain  in  the  same collective
   47  bargaining unit as was the case prior to his or her transfer;  successor
   48  employees  to  the  positions  held by such transferred employees shall,
   49  consistent with the provisions of article 14 of the civil  service  law,
   50  be included in the same unit as their predecessors. Employees other than
   51  management  or  confidential  persons  (as  defined in article 14 of the
   52  civil service law), serving positions in newly created titles  shall  be
   53  assigned  to  the appropriate bargaining unit. Nothing contained in this
   54  section shall be construed to affect:
   55    (1) the rights of employees pursuant to a collective bargaining agree-
   56  ment;
       A. 7147                            13
    1    (2) the representational relationships among employee organizations or
    2  the bargaining relationships between the state and an employee organiza-
    3  tion; or
    4    (3)  existing law with respect to an application to the public employ-
    5  ment relations board, provided, however, that the merger of such negoti-
    6  ating units of employees shall be effected only with the consent of  the
    7  recognized and certified representative of such units and of the depart-
    8  ment of law.
    9    S  15.  Transfer  of  records.  All  books, papers and property of the
   10  former commission on public integrity and the former office of the state
   11  inspector general are to be delivered to the commission  at  such  place
   12  and time, and in such manner as the commission shall require.
   13    S  16.  Continuity  of authority. For the purpose of succession to all
   14  functions, powers, duties and obligations of the  former  commission  on
   15  public  integrity  and  the former office of the state inspector general
   16  transferred to and assumed by  the  commission,  such  commission  shall
   17  continue the operation thereof as if performed by such former agencies.
   18    S  17. Completion of unfinished business. Any business or other matter
   19  undertaken or commenced by the former commission on public integrity and
   20  the former office of  the  state  inspector  general  pertaining  to  or
   21  connected with the functions, powers, duties and obligations transferred
   22  and assigned to the commission and pending on the effective date of this
   23  section  shall  be conducted and completed by the commission in the same
   24  manner and under the same terms and conditions and with the same  effect
   25  as if conducted and completed by such former agencies.
   26    S  18.  Continuation of rules and regulations. All rules, regulations,
   27  acts, orders, determinations and decisions of the former  commission  on
   28  public integrity and the former office of the state inspector general in
   29  force  at  the  time  of such transfer and assumption, shall continue in
   30  force and effect as rules, regulations, acts, orders, determinations and
   31  decisions of the commission until duly modified or abrogated.
   32    S 19. Terms occurring in laws, contracts and other documents. Whenever
   33  the former commission on public integrity or the former  office  of  the
   34  state  inspector  general  is  referred  to  or  designated  in any law,
   35  contract or document pertaining to the  functions,  powers,  obligations
   36  and duties transferred and assigned pursuant to this act, such reference
   37  or designation shall be deemed to refer to the commission.
   38    S  20.  Existing  rights  and remedies preserved. No existing right or
   39  remedy of any character shall be lost, impaired or affected by reason of
   40  any transfer or assignment pursuant to this act.
   41    S 21. Pending actions or proceedings. No action or proceeding  pending
   42  upon  the  effective  date  of  this  section relating to the functions,
   43  powers and duties of the former commission on public integrity  and  the
   44  former  office of the state inspector general transferred to the commis-
   45  sion, brought by or against any such former agency, shall be affected by
   46  any provision of this act, but the same may be prosecuted or defended in
   47  the name of the commission. In all such  actions  and  proceedings,  the
   48  commission,  upon  application  to  the court, shall be substituted as a
   49  party.
   50    S 22. Transfer of  appropriations  heretofore  made.  Subject  to  the
   51  approval  of  the  director of the division of the budget, all appropri-
   52  ations and reappropriations heretofore made to the former commission  on
   53  public  integrity  and  the former office of the state inspector general
   54  for the purposes and functions transferred pursuant to this act  to  the
   55  commission,  to  the  extent  of  remaining  unexpended  or unencumbered
   56  balance thereof, whether allocated or unallocated, and whether obligated
       A. 7147                            14
    1  or unobligated, are hereby transferred to and made available for use and
    2  expenditure by the commission for the same purposes for which originally
    3  appropriated or reappropriated and shall be payable on  vouchers  certi-
    4  fied  or  approved by the executive director on audit and warrant of the
    5  comptroller. Payments for liabilities for expenses of personal services,
    6  maintenance and operation heretofore incurred  by  and  for  liabilities
    7  incurred  and  to  be  incurred  in completing the affairs of the former
    8  commission on public integrity  and  the  former  office  of  the  state
    9  inspector  general  with  respect  to  the  powers, duties and functions
   10  transferred in this act, shall also be made on vouchers or  certificates
   11  approved  by  the  executive  director on audit and warrant of the comp-
   12  troller.
   13    S 23. Transfer of assets and liabilities. All assets  and  liabilities
   14  of  the  former  commission on public integrity and the former office of
   15  the state inspector general are hereby transferred to and assumed by the
   16  commission.
   17    S 24. Actions of the commission.  The commission is hereby directed to
   18  immediately take any and all actions necessary to enable  it  to  assume
   19  all  powers,  duties  and  functions  of the former commission on public
   20  integrity, the former office of the  state  inspector  general  and  the
   21  former temporary state commission of investigation within ninety days of
   22  the effective date of this act.
   23    S  25.  Subdivision  5  of  section  107  of the civil service law, as
   24  amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
   25  follows:
   26    5.  Violation of this section. Complaints alleging a violation of this
   27  section by a statewide elected official or a state officer or  employee,
   28  as  defined  in section seventy-three of the public officers law, may be
   29  directed to the commission on [public integrity] OFFICIAL CONDUCT.
   30    S 26. Section 94 of the executive law is REPEALED.
   31    S 27. Subdivision (f) of  section  1-c  of  the  legislative  law,  as
   32  amended  by  chapter  14  of  the  laws  of  2007, is amended to read as
   33  follows:
   34    (f) The term "commission" shall mean the commission on [public  integ-
   35  rity  created  by  section  ninety-four  of  the executive law] OFFICIAL
   36  CONDUCT.
   37    S 28. Subdivision 3 of section 212 of the racing, pari-mutuel wagering
   38  and breeding law, as amended by chapter 18  of  the  laws  of  2008,  is
   39  amended to read as follows:
   40    3.  Such  members,  except as otherwise provided by law, may engage in
   41  private or public employment, or in a profession or business. The board,
   42  its members, officers and employees shall be subject to  the  provisions
   43  of  sections  seventy-three and seventy-four of the public officers law.
   44  No former trustee or officer of a non-profit racing association known as
   45  The New York Racing Association, Inc. or  its  predecessor,  no  current
   46  director or officer of a franchised corporation or any individual regis-
   47  tered  with  the  [New  York]  commission on [public integrity] OFFICIAL
   48  CONDUCT shall be appointed as members to the board nor shall any  member
   49  of  the  board  have  any  direct or indirect interest in any racehorse,
   50  thoroughbred racing or  pari-mutuel  wagering  business,  video  lottery
   51  terminal facility or any development at any racing facility.
   52    S 29. Article 4-A of the executive law is REPEALED.
   53    S  30. Subdivision 3 of section 63 of the executive law, as amended by
   54  chapter 155 of the laws of 2012, is amended to read as follows:
   55    3. Upon request of the  governor,  comptroller,  secretary  of  state,
   56  commissioner  of  transportation,  superintendent of financial services,
       A. 7147                            15
    1  commissioner of taxation and finance, commissioner of motor vehicles, or
    2  the [state inspector general] COMMISSION ON  OFFICIAL  CONDUCT,  or  the
    3  head  of  any  other  department,  authority,  division or agency of the
    4  state,  investigate  the alleged commission of any indictable offense or
    5  offenses in violation of the law which the officer making the request is
    6  especially required to execute or in relation to any  matters  connected
    7  with such department, and to prosecute the person or persons believed to
    8  have  committed  the  same  and any crime or offense arising out of such
    9  investigation or prosecution or  both,  including  but  not  limited  to
   10  appearing before and presenting all such matters to a grand jury.
   11    S 31. Section 2350-dd of the public authorities law, as added by chap-
   12  ter 762 of the laws of 2005, is amended to read as follows:
   13    S  2350-dd.  Jurisdiction  of  [state inspector general] COMMISSION ON
   14  OFFICIAL CONDUCT.   The agency is subject to  the  jurisdiction  of  the
   15  [office of the state inspector general] COMMISSION ON OFFICIAL CONDUCT.
   16    S  32. Subdivision 3 of section 2.10 of the criminal procedure law, as
   17  added by chapter 843 of the laws of 1980, is amended to read as follows:
   18    3. [Investigators] THE EXECUTIVE DIRECTOR  AND  INVESTIGATORS  of  the
   19  [office of the state] commission [of investigation] ON OFFICIAL CONDUCT.
   20    S 33. Subdivision 68 of section 2.10 of the criminal procedure law, as
   21  added by chapter 168 of the laws of 2000, is REPEALED.
   22    S  34. Subdivision 3 of section 70-a of the executive law, as added by
   23  chapter 1003 of the laws of 1970, is amended to read as follows:
   24    3. The deputy attorney general in charge of the organized  crime  task
   25  force  may  request and shall receive from the division of state police,
   26  the state department of taxation and finance, the  state  department  of
   27  labor,  the  [temporary state] commission [of investigation] ON OFFICIAL
   28  CONDUCT, and from every department, division, board, bureau,  commission
   29  or  other  agency of the state, or of any political subdivision thereof,
   30  cooperation and assistance in the performance of his duties. Such deputy
   31  attorney general may provide  technical  and  other  assistance  to  any
   32  district  attorney  or  other  local law enforcement official requesting
   33  such assistance in the investigation or prosecution of  organized  crime
   34  cases.
   35    S 35. Subdivision 9 of section 835 of the executive law, as separately
   36  amended  by  chapters 14 and 155 of the laws of 2012, is amended to read
   37  as follows:
   38    9. "Qualified agencies" means courts in the unified court system,  the
   39  administrative  board of the judicial conference, probation departments,
   40  sheriffs' offices, district attorneys' offices, the state department  of
   41  corrections  and  community supervision, the department of correction of
   42  any municipality, the financial frauds and consumer protection  unit  of
   43  the  state  department of financial services, the office of professional
   44  medical conduct of the state department of health for  the  purposes  of
   45  section  two  hundred thirty of the public health law, the child protec-
   46  tive services unit of a local social services district  when  conducting
   47  an  investigation  pursuant  to  subdivision six of section four hundred
   48  twenty-four of the social services law, the office of Medicaid inspector
   49  general, the [temporary state] commission [of investigation] ON OFFICIAL
   50  CONDUCT,  police  forces  and  departments  having  responsibility   for
   51  enforcement  of  the  general  criminal  laws of the state, the Onondaga
   52  County Center for Forensic Sciences Laboratory when  acting  within  the
   53  scope  of  its  law  enforcement  duties  and  the  division of forensic
   54  services of the Nassau county  medical  examiner's  office  when  acting
   55  within the scope of its law enforcement duties.
       A. 7147                            16
    1    S  36.  Subdivision  8  of  section  92 of the public officers law, as
    2  amended by section 135 of subpart B of part C of chapter 62 of the  laws
    3  of 2011, is amended to read as follows:
    4    (8)  Public  safety  agency  record.  The  term  "public safety agency
    5  record" means a record  of  the  state  commission  of  correction,  the
    6  [temporary state] commission [of investigation] ON OFFICIAL CONDUCT, the
    7  department of corrections and community supervision, the office of chil-
    8  dren  and  family services, the office of victim services, the office of
    9  probation and correctional alternatives or the division of state  police
   10  or  of  any  agency  or  component thereof whose primary function is the
   11  enforcement of civil or criminal statutes if  such  record  pertains  to
   12  investigation,  law  enforcement, confinement of persons in correctional
   13  facilities or supervision of persons pursuant to criminal conviction  or
   14  court  order,  and  any  records  maintained by the division of criminal
   15  justice services pursuant to sections eight hundred thirty-seven,  eight
   16  hundred  thirty-seven-a,  eight  hundred  thirty-seven-b,  eight hundred
   17  thirty-seven-c, eight hundred thirty-eight, eight  hundred  thirty-nine,
   18  and  eight hundred forty-five of the executive law and by the department
   19  of state pursuant to section ninety-nine of the executive law.
   20    S 37. Chapter 989 of the laws of  1958,  creating  a  temporary  state
   21  commission of investigation, is REPEALED.
   22    S  38. Paragraph (b) of subdivision 9 of section 80 of the legislative
   23  law, as added by section 9 of part A of chapter 399 of the laws of 2011,
   24  is amended to read as follows:
   25    (b) Not later than forty-five calendar days  after  receipt  from  the
   26  [joint]  commission  on  [public  ethics]  OFFICIAL CONDUCT of a written
   27  substantial basis investigation report and any supporting  documentation
   28  or other materials regarding a matter before the commission [pursuant to
   29  subdivision  fourteen-a  of  section  ninety-four of the executive law],
   30  unless requested by a law enforcement agency to suspend the commission's
   31  action because of an ongoing  criminal  investigation,  the  legislative
   32  ethics  commission  shall  make  public  such  report  in  its entirety;
   33  provided, however, that the commission may withhold such information for
   34  not more than one additional period of the same duration  or  refer  the
   35  matter  back  to  the  [joint]  commission  on  [public ethics] OFFICIAL
   36  CONDUCT once for additional investigation, in which case the legislative
   37  ethics commission shall, upon the termination of such additional  period
   38  or  upon  receipt  of  a new report by the [joint] commission on [public
   39  ethics] OFFICIAL  CONDUCT  after  such  additional  investigation,  make
   40  public the written report and publish it on the commission's website. If
   41  the  legislative  ethics  commission  fails  to  make public the written
   42  report received from the [joint]  commission  in  accordance  with  this
   43  paragraph,  the  [joint]  commission  shall release such report publicly
   44  promptly and in any event no later than ten days after  the  legislative
   45  ethics  commission  is  required to release such report. The legislative
   46  ethics commission shall not refer the matter back to the [joint] commis-
   47  sion on [public ethics] OFFICIAL CONDUCT  for  additional  investigation
   48  more than once.  If the commission refers the matter back to the [joint]
   49  commission   for   additional  fact-finding,  the  [joint]  commission's
   50  original report shall remain confidential.
   51    S 39. Subparagraph 1 of paragraph a of subdivision 12 of section 80 of
   52  the legislative law, as amended by section 9 of part A of chapter 399 of
   53  the laws of 2011, is amended to read as follows:
   54    (1) the terms of any settlement or compromise of a complaint or refer-
   55  ral or report which includes a fine, penalty  or  other  remedy  reached
   56  after  the  commission has received a report from the [joint] commission
       A. 7147                            17
    1  on [public ethics pursuant to subdivision fourteen-a of section  ninety-
    2  four of the executive law] OFFICIAL CONDUCT;
    3    S  40.  Subparagraphs  (ii)  and  (iii) of paragraph (c) and paragraph
    4  (d-1) of subdivision 1 of section  73-a  of  the  public  officers  law,
    5  subparagraphs  (ii)  and (iii) of paragraph (c) as amended and paragraph
    6  (d-1) as added by section 5 of part A of chapter  399  of  the  laws  of
    7  2011, are amended to read as follows:
    8    (ii)  officers  and employees of statewide elected officials, officers
    9  and employees of state departments, boards, bureaus, divisions,  commis-
   10  sions, councils or other state agencies, who receive annual compensation
   11  in excess of the filing rate established by paragraph (l) of this subdi-
   12  vision  or  who  hold policy-making positions, as annually determined by
   13  the appointing authority and set forth in  a  written  instrument  which
   14  shall be filed with the [joint] commission on [public ethics established
   15  by section ninety-four of the executive law] OFFICIAL CONDUCT during the
   16  month  of  February,  provided,  however,  that the appointing authority
   17  shall amend such written instrument after such date within  thirty  days
   18  after the undertaking of policy-making responsibilities by a new employ-
   19  ee  or  any  other employee whose name did not appear on the most recent
   20  written instrument; and
   21    (iii) members or directors of public authorities,  other  than  multi-
   22  state  authorities, public benefit corporations and commissions at least
   23  one of whose members is appointed by the governor, and employees of such
   24  authorities, corporations and commissions  who  receive  annual  compen-
   25  sation in excess of the filing rate established by paragraph (l) of this
   26  subdivision  or who hold policy-making positions, as determined annually
   27  by the appointing authority and set forth in a written instrument  which
   28  shall be filed with the [joint] commission on [public ethics established
   29  by section ninety-four of the executive law] OFFICIAL CONDUCT during the
   30  month  of  February,  provided,  however,  that the appointing authority
   31  shall amend such written instrument after such date within  thirty  days
   32  after the undertaking of policy-making responsibilities by a new employ-
   33  ee  or  any  other employee whose name did not appear on the most recent
   34  written instrument.
   35    (d-1) A financial disclosure statement required  pursuant  to  section
   36  seventy-three  of  this article and this section shall be deemed "filed"
   37  with the [joint] commission on [public ethics] OFFICIAL CONDUCT upon its
   38  filing, in accordance with this section,  with  the  legislative  ethics
   39  commission  for all purposes including, but not limited to, [subdivision
   40  fourteen of section ninety-four of the executive law,] subdivision  nine
   41  of  section  eighty  of the legislative law and subdivision four of this
   42  section.
   43    S 41. Subparagraph (ii) of paragraph (a) and paragraph (c) of subdivi-
   44  sion 2 of section 73-a of the public officers law, as amended by section
   45  5 of part A of chapter 399 of the laws of 2011, are amended to  read  as
   46  follows:
   47    (ii)  a  person who is required to file an annual financial disclosure
   48  statement with  the  [joint]  commission  on  [public  ethics]  OFFICIAL
   49  CONDUCT, and who is granted an additional period of time within which to
   50  file  such  statement  due  to  justifiable cause or undue hardship[, in
   51  accordance with required rules and regulations on  the  subject  adopted
   52  pursuant  to  paragraph  c of subdivision nine of section ninety-four of
   53  the executive law] shall file such statement within the additional peri-
   54  od of time granted; and the legislative ethics commission  shall  notify
   55  the [joint] commission on [public ethics] OFFICIAL CONDUCT of any exten-
   56  sion granted pursuant to this paragraph;
       A. 7147                            18
    1    (c)  If  the  reporting individual is a senator or member of assembly,
    2  candidate for the senate or member of assembly or a legislative  employ-
    3  ee,  such  statement  shall  be  filed  with both the legislative ethics
    4  commission established by section eighty of the legislative law and  the
    5  [joint]  commission  on  [public  ethics] OFFICIAL CONDUCT in accordance
    6  with paragraph (d-1) of subdivision one of this section. If the  report-
    7  ing  individual is a statewide elected official, candidate for statewide
    8  elected office, a state officer or employee or a political party  chair-
    9  man,  such  statement  shall  be  filed  with  the [joint] commission on
   10  [public ethics established by section ninety-four of the executive  law]
   11  OFFICIAL CONDUCT.
   12    S  42.  Paragraph 8 of subdivision 3 and subdivision 4 of section 73-a
   13  of the public officers law, paragraph 8 of subdivision 3 as  amended  by
   14  section  37 of subpart A of part H of chapter 55 of the laws of 2014 and
   15  subdivision 4 as amended by section 5 of part A of chapter  399  of  the
   16  laws of 2011, are amended to read as follows:
   17  8.  (a)  If  the  reporting individual practices law, is licensed by the
   18      department of state as a real estate broker or agent or practices  a
   19      profession  licensed  by  the department of education, or works as a
   20      member or employee of  a  firm  required  to  register  pursuant  to
   21      section  one-e  of the legislative law as a lobbyist, give a general
   22      description of the principal subject areas of matters undertaken  by
   23      such individual.  Additionally, if such an individual practices with
   24      a firm or corporation and is a partner or shareholder of the firm or
   25      corporation,  give  a general description of principal subject areas
   26      of matters undertaken by such firm or corporation.
   27      ____________________________________________________________________
   28      ____________________________________________________________________
   29      ____________________________________________________________________
   30      ____________________________________________________________________
   31      ____________________________________________________________________
   32    (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
   33  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
   34  FOR  EXISTING  CLIENTS  OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT
   35  ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
   36    If the reporting individual personally provides services to any person
   37  or entity, or works as a member or employee of a partnership  or  corpo-
   38  ration  that  provides  such  services  (referred  to  hereinafter  as a
   39  "firm"), then identify each client or customer  to  whom  the  reporting
   40  individual personally provided services, or who was referred to the firm
   41  by  the  reporting individual, and from whom the reporting individual or
   42  his or her firm earned fees in excess of $10,000  during  the  reporting
   43  period for such services rendered in direct connection with:
   44    (i) A proposed bill or resolution in the senate or assembly during the
   45  reporting period;
   46    (ii)  A  contract in an amount totaling $50,000 or more from the state
   47  or any state agency for services, materials, or property;
   48    (iii) A grant of $25,000 or more from the state or  any  state  agency
   49  during the reporting period;
   50    (iv)  A  grant  obtained  through  a legislative initiative during the
   51  reporting period; or
   52    (v) A case, proceeding, application or other  matter  that  is  not  a
   53  ministerial matter before a state agency during the reporting period.
       A. 7147                            19
    1    For  purposes  of  this  question,  "referred to the firm" shall mean:
    2  having intentionally and knowingly taken a specific  act  or  series  of
    3  acts  to  intentionally  procure  for the reporting individual's firm or
    4  knowingly solicit or direct to the reporting individual's firm in  whole
    5  or  substantial  part,  a person or entity that becomes a client of that
    6  firm for the purposes of representation  for  a  matter  as  defined  in
    7  subparagraphs  (i)  through (v) of this paragraph, as the result of such
    8  procurement, solicitation or direction of the  reporting  individual.  A
    9  reporting  individual  need  not  disclose  activities  performed  while
   10  lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
   11  sion seven of section seventy-three of this article.
   12    The disclosure requirement in this question shall not require  disclo-
   13  sure  of  clients  or  customers  receiving  medical or dental services,
   14  mental health services, residential real estate brokering  services,  or
   15  insurance brokering services from the reporting individual or his or her
   16  firm.  The  reporting individual need not identify any client to whom he
   17  or she or his or her firm provided legal representation with respect  to
   18  investigation or prosecution by law enforcement authorities, bankruptcy,
   19  or  domestic  relations  matters. With respect to clients represented in
   20  other matters, where disclosure of a  client's  identity  is  likely  to
   21  cause harm, the reporting individual shall request an exemption from the
   22  [joint]  commission  [pursuant  to  paragraph (i) of subdivision nine of
   23  section ninety-four of the executive law] ON OFFICIAL MISCONDUCT. Only a
   24  reporting individual who first enters public office  after  July  first,
   25  two  thousand  twelve, need not report clients or customers with respect
   26  to matters for which the reporting individual or his  or  her  firm  was
   27  retained prior to entering public office.
   28  Client                                    Nature of Services Provided
   29  ________________________________________________________________________
   30  ________________________________________________________________________
   31  ________________________________________________________________________
   32  ________________________________________________________________________
   33  ________________________________________________________________________
   34    (c)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
   35  PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN,  OR  FOR  NEW
   36  MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
   37  THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
   38    If  the reporting individual receives income of fifty thousand dollars
   39  or greater from any employment or  activity  reportable  under  question
   40  8(a),  identify  each  registered  lobbyist who has directly referred to
   41  such individual a client who was successfully referred to the  reporting
   42  individual's  business  and  from  whom the reporting individual or firm
   43  received a fee for services in excess of ten  thousand  dollars.  Report
   44  only  these referrals that were made to a reporting individual by direct
   45  communication from a person known to such reporting individual to  be  a
   46  registered  lobbyist  at  the time the referral is made. With respect to
   47  each such referral, the reporting individual shall identify  the  regis-
   48  tered  lobbyist  who has made the referral, the category of value of the
   49  compensation received and a general description of the type of matter so
   50  referred. A reporting individual need not disclose activities  performed
   51  while  lawfully  acting  pursuant to paragraphs (c), (d), (e) and (f) of
   52  subdivision seven of section seventy-three of this article. The  disclo-
   53  sure  requirements  in  this  question  shall  not require disclosure of
   54  clients or customers receiving medical or dental services, mental health
   55  services, residential  real  estate  brokering  services,  or  insurance
       A. 7147                            20
    1  brokering services from the reporting individual or his or her firm. The
    2  reporting  individual  need not identify any client to whom he or she or
    3  his or her firm provided legal representation with respect  to  investi-
    4  gation  or  prosecution  by  law enforcement authorities, bankruptcy, or
    5  domestic relations matters. With respect to clients represented in other
    6  matters, the reporting individual shall request an  exemption  from  the
    7  joint  commission,  which shall be granted for good cause shown. For the
    8  purposes of this question, good cause  may  be  shown  by  circumstances
    9  including,  but  not limited to, where disclosure of a client's identity
   10  would reveal trade secrets or have a negative  impact  on  the  client's
   11  business  interests,  would  cause  embarrassment  for the client, could
   12  reasonably result in retaliation against the client, or  would  tend  to
   13  reveal  non-public  matters  regarding  a criminal investigation. Only a
   14  reporting individual who first enters public office after January first,
   15  two thousand fifteen, need not report clients or customers with  respect
   16  to  matters  for  which  the reporting individual or his or her firm was
   17  retained prior to entering public office.
   18  Client          Name of Lobbyist          Category of Amount (in Table 1)
   19  ________________________________________________________________________
   20  ________________________________________________________________________
   21  ________________________________________________________________________
   22  ________________________________________________________________________
   23  ________________________________________________________________________
   24    (d) List the name, principal address and general  description  or  the
   25  nature  of  the  business  activity of any entity in which the reporting
   26  individual or such individual's spouse had an investment  in  excess  of
   27  $1,000 excluding investments in securities and interests in real proper-
   28  ty.
   29      ____________________________________________________________________
   30      ____________________________________________________________________
   31      ____________________________________________________________________
   32      ____________________________________________________________________
   33      ____________________________________________________________________
   34    4.  A reporting individual who knowingly and wilfully fails to file an
   35  annual statement of financial disclosure or who knowingly  and  wilfully
   36  with  intent  to  deceive  makes  a false statement or gives information
   37  which such individual knows to be false on such statement  of  financial
   38  disclosure  filed  pursuant  to this section shall be subject to a civil
   39  penalty in an amount not to exceed forty thousand dollars. Assessment of
   40  a civil penalty hereunder shall be made by  the  [joint]  commission  on
   41  [public  ethics]  OFFICIAL  CONDUCT or by the legislative ethics commis-
   42  sion, as the case may be, with  respect  to  persons  subject  to  their
   43  respective  jurisdictions.    The  [joint]  commission on [public ethics
   44  acting pursuant to subdivision fourteen of section  ninety-four  of  the
   45  executive  law]  OFFICIAL  CONDUCT  or the legislative ethics commission
   46  acting pursuant to subdivision eleven of section eighty of the  legisla-
   47  tive  law, as the case may be, may, in lieu of or in addition to a civil
   48  penalty, refer a violation to the appropriate prosecutor and  upon  such
   49  conviction,  but  only  after  such  referral,  such  violation shall be
   50  punishable as a class A misdemeanor. A civil penalty  for  false  filing
   51  may  not  be  imposed  hereunder  in  the event a category of "value" or
   52  "amount" reported hereunder is incorrect unless such  reported  informa-
   53  tion  is falsely understated. Notwithstanding any other provision of law
       A. 7147                            21
    1  to the contrary, no other penalty, civil or criminal may be imposed  for
    2  a failure to file, or for a false filing, of such statement, except that
    3  the  appointing  authority  may  impose disciplinary action as otherwise
    4  provided  by  law.  The  [joint]  commission on [public ethics] OFFICIAL
    5  CONDUCT and the legislative ethics commission shall each be deemed to be
    6  an agency within the meaning of article three of the  state  administra-
    7  tive  procedure act and shall adopt rules governing the conduct of adju-
    8  dicatory proceedings and appeals relating to the assessment of the civil
    9  penalties herein authorized. Such rules, which shall not be  subject  to
   10  the  approval  requirements  of  the state administrative procedure act,
   11  shall provide for due process procedural mechanisms substantially  simi-
   12  lar  to  those  set forth in such article three but such mechanisms need
   13  not be identical in terms or scope. Assessment of a civil penalty  shall
   14  be  final  unless  modified,  suspended or vacated within thirty days of
   15  imposition and upon becoming final shall be subject  to  review  at  the
   16  instance  of the affected reporting individual in a proceeding commenced
   17  against the [joint] commission on [public ethics]  OFFICIAL  CONDUCT  or
   18  the  legislative ethics commission, pursuant to article seventy-eight of
   19  the civil practice law and rules.
   20    S 43. The opening paragraph of section 1-d of the legislative law,  as
   21  amended  by  chapter  14  of  the  laws  of  2007, is amended to read as
   22  follows:
   23    In addition to any other powers and duties [provided by section  nine-
   24  ty-four of the executive law,] the commission shall, with respect to its
   25  lobbying-related functions only, have the power and duty to:
   26    S  44. Subdivision 3 of section 2986 of the public authorities law, as
   27  added by chapter 506 of the laws of 2009, is amended to read as follows:
   28    3. Any communications between an employee and the  authorities  budget
   29  office  pursuant  to this section shall be held strictly confidential by
   30  the authorities budget office, unless the employee  specifically  waives
   31  in writing the right to confidentiality, except that such confidentiali-
   32  ty  shall  not exempt the authorities budget office from disclosing such
   33  information, where appropriate, to the COMMISSION  ON  OFFICIAL  CONDUCT
   34  [state  inspector  general  in accordance with section fifty-five of the
   35  executive law,] or prevent disclosure to any law enforcement authority.
   36    S 45. This act shall take effect on the first of January next succeed-
   37  ing the date on which it shall have become a law; provided that sections
   38  six through twenty-three and sections twenty-five  through  thirty-seven
   39  of  this act shall take effect on the first of April next succeeding the
   40  date on which it shall have become a law; and provided further that  the
   41  amendments  to  subdivision  3 of section 212 of the racing, pari-mutuel
   42  wagering and breeding law made by section twenty-eight of this act shall
   43  not affect the repeal of such section and shall be deemed repealed ther-
   44  ewith.
   45                                   PART C
   46    Section 1. The election law is amended by adding a new section  14-131
   47  to read as follows:
   48    S 14-131. CONTRIBUTION FUNDS; FORFEITURE AFTER CRIMINAL CONVICTION. 1.
   49  ALL  CONTRIBUTIONS RECEIVED BY AN ELECTED CANDIDATE FOR PUBLIC OFFICE OR
   50  AN ELECTED OFFICIAL, WHO IS CHARGED WITH A FELONY WHERE SUCH FELONY  WAS
   51  DIRECTLY  RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFICIAL, OR OFFI-
   52  CER OF THE STATE OR OF A CIVIL DIVISION THEREOF,  SHALL  BE  SUBJECT  TO
   53  IMMEDIATE  AUDIT  AND  ANY  UNSPENT  CONTRIBUTIONS  SHALL  BE SUBJECT TO
       A. 7147                            22
    1  FORFEITURE PROCEEDINGS UPON CONVICTION OR RESIGNATION  OF  SUCH  ELECTED
    2  CANDIDATE.
    3    2.  THE  ATTORNEY  GENERAL, OR DISTRICT ATTORNEY OF THE COUNTY WHEREIN
    4  THE ELECTION OCCURRED, SHALL HAVE  STANDING  TO  INITIATE  A  FORFEITURE
    5  PROCEEDING  BROUGHT  PURSUANT TO ARTICLE SIXTEEN OF THIS CHAPTER. TO THE
    6  EXTENT POSSIBLE, THIS SPECIAL PROCEEDING SHALL BE GOVERNED BY THE PROCE-
    7  DURES OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW  AND  RULES  SHALL
    8  GOVERN THE PROCEEDINGS AND ACTIONS UNDER THIS SECTION.
    9    3.  THE  COMPTROLLER SHALL RECEIVE ANY FORFEITED UNSPENT CONTRIBUTIONS
   10  AND, TO THE EXTENT PRACTICABLE, RETURN SUCH FUNDS TO THE PRIVATE  SOURCE
   11  OF  SUCH  FUNDS,  AS LONG AS THE PRIVATE SOURCE OF SUCH FUNDS IS LOCATED
   12  WITHIN THE DISTRICT THAT IS REPRESENTED BY  THE  ELECTED  CANDIDATE  FOR
   13  PUBLIC  OFFICE  OR  ELECTED  OFFICIAL  OR  STATEWIDE FOR GOVERNOR, COMP-
   14  TROLLER, AND ATTORNEY GENERAL.  IF THE COMPTROLLER FAILS TO  LOCATE  THE
   15  PRIVATE  SOURCE  OF  SUCH  FUNDS, OR IF THE PRIVATE SOURCE OF SUCH FUNDS
   16  RESIDES OUTSIDE OF THE ELECTION DISTRICT  THAT  IS  REPRESENTED  BY  THE
   17  ELECTED CANDIDATE FOR PUBLIC OFFICE OR ELECTED OFFICIAL OR STATEWIDE FOR
   18  GOVERNOR,  COMPTROLLER,  AND ATTORNEY GENERAL, THE UNSPENT CONTRIBUTIONS
   19  SHALL BE DONATED TO A CHARITABLE ORGANIZATION THAT  IS,  TO  THE  EXTENT
   20  PRACTICABLE, LOCATED IN THE ELECTION DISTRICT THAT IS REPRESENTED BY THE
   21  ELECTED CANDIDATE FOR PUBLIC OFFICE OR ELECTED OFFICIAL OR STATEWIDE FOR
   22  GOVERNOR,  COMPTROLLER,  AND  ATTORNEY  GENERAL.   ANY FORFEITED UNSPENT
   23  CONTRIBUTIONS SHALL BE RETURNED TO THE PRIVATE SOURCE OF SUCH FUNDS,  OR
   24  DONATED  TO A CHARITABLE ORGANIZATION, WITHIN ONE HUNDRED EIGHTY DAYS OF
   25  THE RECEIPT OF SUCH FUNDS BY THE COMPTROLLER.
   26    4. FOR THE PURPOSES OF THIS SECTION, "CHARITABLE  ORGANIZATION"  SHALL
   27  MEAN  ANY  NON-PROFIT  CORPORATION ORGANIZED FOR BONA FIDE CHARITABLE OR
   28  PHILANTHROPIC PURPOSES.
   29    5. THE COMPTROLLER SHALL PROVIDE THE GOVERNOR AND THE LEGISLATURE WITH
   30  A  LIST  OF  CHARITABLE  ORGANIZATIONS  THAT  ARE  ELIGIBLE  TO  RECEIVE
   31  DONATIONS  PURSUANT  TO  THIS  SECTION. CHARITABLE ORGANIZATIONS ON SUCH
   32  LIST MAY BE DEEMED INELIGIBLE TO  RECEIVE  DONATIONS  PURSUANT  TO  THIS
   33  SECTION  BY  THE  GOVERNOR,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE
   34  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE OR THE MINOR-
   35  ITY LEADER OF THE ASSEMBLY.
   36    S 2. The election law is amended by adding a  new  section  16-111  to
   37  read as follows:
   38    S  16-111. PROCEEDINGS AS TO FORFEITURE OF FUNDS. THE ATTORNEY GENERAL
   39  OR THE DISTRICT ATTORNEY MAY BRING A SPECIAL PROCEEDING SEEKING TO SEIZE
   40  AND CAUSE TO BE FORFEITED THE FUNDS OF A DESIGNATED CAMPAIGN ACCOUNT  AS
   41  OUTLINED IN SECTION 14-131 OF THIS CHAPTER. UPON A SHOWING OF INDICTMENT
   42  OR  CRIMINAL  ARRAIGNMENT,  AN ACTION MAY BE INSTITUTED PURSUANT TO THIS
   43  SECTION WHICH WILL ALLOW FOR THE FREEZING OF  SAID  DESIGNATED  CAMPAIGN
   44  ACCOUNT.
   45    S 3. This act shall take effect immediately.
   46                                   PART D
   47    Section  1.  The  penal  law is amended by adding a new article 201 to
   48  read as follows:
   49                                 ARTICLE 201
   50                        FAILURE TO REPORT CORRUPTION
   51  SECTION 201.00 FAILURE TO REPORT CORRUPTION.
   52  S 201.00 FAILURE TO REPORT CORRUPTION.
   53    1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT CORRUPTION WHEN:
       A. 7147                            23
    1    (A) A PUBLIC SERVANT KNOWS THAT ANOTHER PERSON OR  PUBLIC  SERVANT  IS
    2  GUILTY   OF   OFFICIAL   MISCONDUCT  PURSUANT  TO  ARTICLE  ONE  HUNDRED
    3  NINETY-FIVE OF THIS TITLE; IS  GUILTY  OF  BRIBERY  OR  BRIBE  RECEIVING
    4  PURSUANT  TO  ARTICLE TWO HUNDRED OF THIS TITLE; OR IS GUILTY OF A CRIME
    5  OF CORRUPTING THE GOVERNMENT PURSUANT TO ARTICLE FOUR HUNDRED NINETY-SIX
    6  OF THIS TITLE; AND
    7    (B)  SUCH  PUBLIC SERVANT DOES NOT, AS SOON AS REASONABLY PRACTICABLE,
    8  REPORT SUCH CRIME TO A DISTRICT ATTORNEY OR TO THE COMMISSION  ON  OFFI-
    9  CIAL MISCONDUCT.
   10    2.  ANY  PUBLIC  SERVANT  WHO  MAKES A REPORT PURSUANT TO THIS SECTION
   11  SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER PERSONNEL  ACTION
   12  AS A RESULT OF MAKING SUCH REPORT.
   13    FAILURE TO REPORT CORRUPTION IS A CLASS A MISDEMEANOR.
   14    S 2. This act shall take effect on the one hundred twentieth day after
   15  it shall have become a law.
   16                                   PART E
   17    Section 1. Section 14-130 of the election law, as added by chapter 152
   18  of the laws of 1985, is amended to read as follows:
   19    S  14-130.  Campaign funds for personal use. 1. Contributions received
   20  by a candidate or a political committee may be expended for  any  lawful
   21  purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
   22  OF  A  CANDIDATE.  Such  funds shall not be converted by any person to a
   23  personal use [which is unrelated to a political campaign or the  holding
   24  of a public office or party position].
   25    2.  (A)  AS  USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
   26  DEFINED AS EXPENDITURES THAT:
   27    (I) ARE FOR THE PERSONAL BENEFIT OF THE CANDIDATE OR ANY  OTHER  INDI-
   28  VIDUAL;
   29    (II)  DEFRAY NORMAL LIVING EXPENSES OF THE CANDIDATE, IMMEDIATE FAMILY
   30  OF THE CANDIDATE, OR ANY OTHER INDIVIDUAL;
   31    (III) ARE USED TO FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE OF  A
   32  PERSON  THAT  WOULD  EXIST  IRRESPECTIVE  OF  THE  CANDIDATE'S  ELECTION
   33  CAMPAIGN;
   34    (IV) ARE PUT TO ANY USE FOR WHICH THE CANDIDATE WOULD BE  REQUIRED  TO
   35  TREAT  THE  AMOUNT  OF  THE  EXPENDITURE  AS  GROSS INCOME UNDER SECTION
   36  SIXTY-ONE OF THE INTERNAL REVENUE CODE, OR ANY SUBSEQUENT  CORRESPONDING
   37  SECTION OF THE INTERNAL REVENUE CODE OF THE UNITED STATES.
   38    (B)  EXPENDITURES  FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED
   39  TO, EXPENSES FOR THE FOLLOWING THAT ARE NOT RELATED TO CAMPAIGN PURPOSES
   40  OR ACTIVITIES:
   41    (I) CRIMINAL ATTORNEY OR LEGAL FEES;
   42    (II) FOOD;
   43    (III) SALARY PAYMENTS TO A PERSON OR A FAMILY MEMBER;
   44    (IV) AUTOMOBILE PURCHASES OR LEASES;
   45    (V) TRAVEL AND MILEAGE;
   46    (VI) RESIDENTIAL OR HOUSEHOLD ITEMS;
   47    (VII) MORTGAGE, RENT, OR UTILITY PAYMENTS;
   48    (VIII) FUNERAL, CREMATION, OR BURIAL;
   49    (IX) CLOTHING;
   50    (X) TUITION PAYMENTS;
   51    (XI) CHILDCARE;
   52    (XII) DUES, FEES, OR  GRATUITIES  AT  A  COUNTRY  CLUB,  HEALTH  CLUB,
   53  FRATERNAL  ORGANIZATION  OR  PROFESSIONAL  ORGANIZATION  OR RECREATIONAL
   54  FACILITY;
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    1    (XIII) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER  FORM
    2  OF ENTERTAINMENT;
    3    (XIV) PAYMENT OF ANY FINES, FEES, OR PENALTIES; AND
    4    (XV)  ANY  OTHER  EXPENDITURE DESIGNATED BY THE COMMISSION ON OFFICIAL
    5  CONDUCT AS CONSTITUTING PERSONAL USE.
    6    S 2. This act shall take effect on the first of January next  succeed-
    7  ing the date on which it shall have become a law.
    8                                   PART F
    9    Section 1. Section 14-126 of the election law, as amended by section 6
   10  of subpart C of part H of chapter 55 of the laws of 2014 and subdivision
   11  1  as  separately amended by section 1 of subpart B of part H of chapter
   12  55 of the laws of 2014, is amended to read as follows:
   13    S 14-126. Violations; penalties. 1. (a) Any person who fails to file a
   14  statement required to be filed by this article shall  be  subject  to  a
   15  civil  penalty, not in excess of one thousand dollars, to be recoverable
   16  in a special proceeding or civil action  to  be  brought  by  the  chief
   17  enforcement counsel pursuant to section 16-114 of this chapter OR BY THE
   18  COMMISSION  ON  OFFICIAL  CONDUCT.  Any  person who, three or more times
   19  within a given election cycle for such term of office, fails to  file  a
   20  statement  or  statements required to be filed by this article, shall be
   21  subject to a civil penalty, not in excess of ten thousand dollars, to be
   22  recoverable as provided for in this subdivision.
   23    (b) All payments received by the state board of elections pursuant  to
   24  this section shall be retained in the appropriate accounts as designated
   25  by the division of the budget for enforcement activities by the board of
   26  elections.
   27    2.  Any person who, acting as or on behalf of a candidate or political
   28  committee, under circumstances evincing an intent to violate  such  law,
   29  unlawfully accepts a contribution in excess of a contribution limitation
   30  established  in  this  article,  shall be required to refund such excess
   31  amount and shall be subject to a  civil  penalty  equal  to  the  excess
   32  amount plus a fine of up to ten thousand dollars, to be recoverable in a
   33  special  proceeding  or civil action to be brought by the state board of
   34  elections chief enforcement counsel.
   35    3. Any person who falsely identifies or knowingly  fails  to  identify
   36  any  independent  expenditure  as required by subdivision two of section
   37  14-107 of this article shall be subject to a civil  penalty  up  to  one
   38  thousand  dollars  or  up to the cost of the communication, whichever is
   39  greater, in a special proceeding or civil action brought  by  the  state
   40  board  of elections chief enforcement counsel or imposed directly by the
   41  state board of elections. For purposes of  this  subdivision,  the  term
   42  "person"  shall mean a person, group of persons, corporation, unincorpo-
   43  rated business entity, labor organization or business, trade or  profes-
   44  sional association or organization or political committee.
   45    4.  (A)  Any person who knowingly and willfully fails to file a state-
   46  ment required to be filed by this article within ten days after the date
   47  provided for filing such statement or any person who knowingly and will-
   48  fully violates any other provision of this article shall be guilty of  a
   49  misdemeanor.
   50    (B)  ANY  CANDIDATE OR PERSON ACTING AS OR ON BEHALF OF A CANDIDATE OR
   51  POLITICAL COMMITTEE WHO KNOWINGLY AND WILLFULLY FAILS TO FILE  A  STATE-
   52  MENT  REQUIRED  TO BE FILED BY THIS ARTICLE WITHIN THIRTY DAYS AFTER THE
   53  DATE PROVIDED FOR FILING SUCH STATEMENT, UNLESS GRANTED AN EXTENSION  BY
   54  THE  STATE  BOARD  OF  ELECTIONS  OR  OTHER BOARD OF ELECTIONS, SHALL BE
       A. 7147                            25
    1  SUBJECT TO A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR THE FIRST OFFENSE
    2  AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE SECOND OFFENSE  AND  EVERY
    3  OFFENSE  COMMITTED  THEREAFTER TO BE RECOVERABLE IN A SPECIAL PROCEEDING
    4  OR  CIVIL  ACTION  TO  BE BROUGHT BY THE COMMISSION ON OFFICIAL CONDUCT.
    5  CANDIDATES SHALL BE PLACED ON NOTICE BY THE BOARD OF ELECTIONS, AND WILL
    6  BE LIABLE FOR ANY CRIMINAL OR CIVIL PENALTIES FOR THE TREASURER'S  FAIL-
    7  URE TO FILE REQUIRED DISCLOSURE REPORTS.
    8    5. Any person who knowingly and willfully contributes, accepts or aids
    9  or participates in the acceptance of a contribution in an amount exceed-
   10  ing an applicable maximum specified in this article shall be guilty of a
   11  class A misdemeanor.
   12    6.  Any person who shall, acting on behalf of a candidate or political
   13  committee, knowingly and willfully solicit, organize or  coordinate  the
   14  formation  of  activities  of  one or more unauthorized committees, make
   15  expenditures in connection with the nomination for election or  election
   16  of  any  candidate, or solicit any person to make any such expenditures,
   17  for the purpose of evading the contribution limitations of this article,
   18  shall be guilty of a class E felony.
   19    S 2. This act shall take effect immediately.
   20                                   PART G
   21    Section 1. Subdivision 2 of section 14-108 of  the  election  law,  as
   22  amended  by  chapter  109  of  the  laws  of 1997, is amended to read as
   23  follows:
   24    2. A. Each statement shall cover the period up to  and  including  the
   25  fourth  day  next  preceding  the  day specified for the filing thereof;
   26  provided, however, that any contribution or loan in excess of one  thou-
   27  sand dollars, if received after the close of the period to be covered in
   28  the last statement filed before any primary, general or special election
   29  but before such election, shall be reported, in the same manner as other
   30  contributions, within twenty-four hours after receipt.
   31    B.  NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, ANY CONTRIB-
   32  UTION RECEIVED IN EXCESS OF FIVE HUNDRED DOLLARS, SHALL BE REPORTED,  IN
   33  THE  SAME  MANNER AS OTHER CONTRIBUTIONS, WITHIN TWENTY-FOUR HOURS AFTER
   34  RECEIPT.
   35    C. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY EXPENDITURE
   36  MADE BY ANY LOBBYING ORGANIZATION,  POLITICAL  ACTION  COMMITTEE,  LABOR
   37  ORGANIZATION, OR OTHER ORGANIZATION IN THE FORM OF PAYMENTS OR REMUNERA-
   38  TION  TO  INDIVIDUALS  OR  GROUPS  FOR  CAMPAIGN VOLUNTEER ACTIVITIES ON
   39  BEHALF OF A CANDIDATE OR POLITICAL COMMITTEE, SHALL BE REPORTED  BY  THE
   40  CANDIDATE  OR  POLITICAL COMMITTEE, IN THE SAME MANNER AS OTHER CONTRIB-
   41  UTIONS, WITHIN TWENTY-FOUR HOURS AFTER THE EXPENDITURE IS MADE.
   42    S 2. This act shall take effect immediately.
   43                                   PART H
   44    Section 1. The legislative law is amended by adding two  new  sections
   45  2-a and 5-b to read as follows:
   46    S  2-A.  LEGISLATIVE TERM LIMITS. MEMBERS OF THE LEGISLATURE SHALL NOT
   47  SERVE MORE THAN TEN TWO YEAR TERMS IN EITHER THE SENATE OR ASSEMBLY.
   48    S 5-B. LIMITS ON TIME A LEGISLATOR MAY SERVE AS A LEGISLATIVE  LEADER.
   49  NO  MEMBER  OF  THE  LEGISLATURE  MAY BE ELECTED TO SERVE MORE THAN FOUR
   50  CONSECUTIVE TWO YEAR TERMS AS THE TEMPORARY  PRESIDENT  OF  THE  SENATE,
   51  MINORITY  LEADER OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER
   52  OF THE ASSEMBLY, OR THE CHAIRPERSON OF ANY SENATE OR ASSEMBLY COMMITTEE.
       A. 7147                            26
    1    S 2. This act shall take effect on the first of January next  succeed-
    2  ing  the date on which it shall have become a law and shall apply to all
    3  elections held after such effective date.
    4                                   PART I
    5    Section  1. The opening paragraph of paragraph (c) of subdivision 1 of
    6  section 632-a of the executive law, as amended by section 100 of subpart
    7  B of part C of chapter 62 of the laws of 2011, is  amended  to  read  as
    8  follows:
    9    "Funds  of  a  convicted person" means all funds and property received
   10  from any source, INCLUDING  FUNDS  RECEIVED  FROM  A  PUBLIC  RETIREMENT
   11  SYSTEM,  by a person convicted of a specified crime, or by the represen-
   12  tative of such person as defined  in  subdivision  six  of  section  six
   13  hundred  twenty-one  of  this article excluding child support and earned
   14  income, where such person:
   15    S 2. Subdivision 1 of section 632-a of the executive law is amended by
   16  adding a new paragraph (g) to read as follows:
   17    (G) "PUBLIC RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND LOCAL
   18  EMPLOYEES RETIREMENT SYSTEM, THE NEW YORK STATE  AND  LOCAL  POLICE  AND
   19  FIRE  RETIREMENT  SYSTEM, THE NEW YORK STATE TEACHERS RETIREMENT SYSTEM,
   20  THE NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM, THE NEW YORK  CITY  BOARD
   21  OF  EDUCATION  RETIREMENT  SYSTEM, THE NEW YORK CITY TEACHERS RETIREMENT
   22  SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, OR THE NEW YORK CITY FIRE
   23  DEPARTMENT PENSION FUND.
   24    S 3. Subdivision 2 of section 110 of the retirement and social securi-
   25  ty law, as amended by chapter 291 of the laws of  1999,  is  amended  to
   26  read as follows:
   27    2.  Shall not be subject to execution, garnishment, attachment, or any
   28  other process whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT  TO  SECTION
   29  SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and
   30    S 4. Subdivision 2 of section 410 of the retirement and social securi-
   31  ty  law,  as  amended  by chapter 549 of the laws of 1983, is amended to
   32  read as follows:
   33    2. Shall not be subject to execution, garnishment, attachment, or  any
   34  other  process  whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO SECTION
   35  SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and
   36    S 5. Section 524 of the education law is amended to read as follows:
   37    S 524. Exemption from taxation and execution.  The right of a  teacher
   38  to  a  pension,  an annuity, or a retirement allowance, to the return of
   39  contributions, any benefit or right accrued or accruing  to  any  person
   40  under  the  provisions  of  this  article, and the moneys in the various
   41  funds created hereunder, are hereby exempt from any state  or  municipal
   42  tax,  and  shall not be subject to execution, garnishment, attachment or
   43  any other process whatsoever,  EXCEPT  FOR  ACTIONS  TAKEN  PURSUANT  TO
   44  SECTION  SIX  HUNDRED  THIRTY-TWO-A  OF  THE EXECUTIVE LAW, and shall be
   45  unassignable except as in this article specifically provided.
   46    S 6. The opening paragraph of section  13-181  of  the  administrative
   47  code of the city of New York is amended to read as follows:
   48    The  right  of  a  person  to  a  pension, a pension-providing-for-in-
   49  creased-take-home-pay, an annuity, or a  retirement  allowance,  to  the
   50  return  of  contributions, the pension, pension-providing-for-increased-
   51  take-home-pay, annuity, or retirement  allowance  itself,  any  optional
   52  benefit,  any  other  right  accrued or accruing to any person under the
   53  provisions of this chapter and the moneys in the various funds  provided
   54  for  by this chapter, are hereby exempt from any state or municipal tax,
       A. 7147                            27
    1  and shall not be subject to execution, garnishment, attachment,  or  any
    2  other  process  whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO SECTION
    3  SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and shall be unassignable
    4  except as in this chapter specifically provided.
    5    S 7. Section 13-212 of the administrative code of the city of New York
    6  is amended to read as follows:
    7    S  13-212  Exemption from tax and legal process. The right of a person
    8  to a pension, an allowance, to the return of contributions, the  pension
    9  itself, any optional benefit, any other right accrued or accruing to any
   10  person  under  the  provisions  of this subchapter and the moneys in the
   11  fund provided for by this subchapter, are hereby exempt from  any  state
   12  or  municipal  tax,  and shall not be subject to execution, garnishment,
   13  attachment, or any other process whatsoever, EXCEPT  FOR  ACTIONS  TAKEN
   14  PURSUANT  TO  SECTION SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and
   15  shall be unassignable except as in this article specifically provided.
   16    S 8. Section 13-312 of the administrative code  of  the  city  of  New
   17  York,  as amended by chapter 480 of the laws of 1993, is amended to read
   18  as follows:
   19    S 13-312 Exemption from tax and legal process. The right of  a  person
   20  to  a pension, an allowance, to the return of contributions, the pension
   21  or allowance itself, any optional benefit, any other  right  accrued  or
   22  accruing  to  any person under the provisions of this subchapter and the
   23  right to any benefit under subchapter five or  subchapter  six  of  this
   24  chapter and any such benefit itself, and the moneys in the fund provided
   25  for  by this subchapter and in the funds provided for by such subchapter
   26  five and subchapter six, are hereby exempt from any state  or  municipal
   27  tax,  and shall not be subject to execution, garnishment, attachment, or
   28  any other process whatsoever,  EXCEPT  FOR  ACTIONS  TAKEN  PURSUANT  TO
   29  SECTION  SIX  HUNDRED  THIRTY-TWO-A  OF  THE EXECUTIVE LAW, and shall be
   30  unassignable except as in any such subchapter specifically provided.
   31    S 9. Subdivision 1 of section 13-561 of the administrative code of the
   32  city of New York, as amended by chapter 556 of  the  laws  of  2003,  is
   33  amended to read as follows:
   34    1.  The  right  of  a person to a pension, a pension-providing-for-in-
   35  creased-take-home-pay, an annuity, or a  retirement  allowance,  to  the
   36  return  of  contributions, the pension, pension-providing-for-increased-
   37  take-home-pay, annuity, or retirement  allowance  itself,  any  optional
   38  benefit,  any  other  right  accrued or accruing to any person under the
   39  provisions of this chapter, and the moneys in the various funds provided
   40  for by this chapter, are hereby exempt from any state or municipal  tax,
   41  and  exempt  from  levy  and  sale, garnishment, attachment or any other
   42  process whatsoever, EXCEPT FOR ACTIONS TAKEN  PURSUANT  TO  SECTION  SIX
   43  HUNDRED  THIRTY-TWO-A  OF  THE  EXECUTIVE LAW, and shall be unassignable
   44  except as in this chapter specifically otherwise provided.
   45    S 10. Paragraph (g) of subdivision 24 of section 2575 of the education
   46  law, as added by chapter 623 of the laws of 2004, is amended to read  as
   47  follows:
   48    (g)  The right of an eligible participant to receive replacement bene-
   49  fits pursuant to this subdivision, and the replacement benefits received
   50  pursuant to this subdivision, shall be exempt from any state or  munici-
   51  pal  tax, and shall not be subject to execution, garnishment, attachment
   52  or any other process whatsoever, EXCEPT FOR ACTIONS  TAKEN  PURSUANT  TO
   53  SECTION  SIX  HUNDRED  THIRTY-TWO-A  OF  THE EXECUTIVE LAW, and shall be
   54  unassignable, except as otherwise  specifically  provided  for  benefits
   55  payable by the retirement system.
       A. 7147                            28
    1    S 11. Subdivision 24 of section 2575 of the education law, as added by
    2  chapter  723 of the laws of 2004, is renumbered subdivision 26 and a new
    3  subdivision 27 is added to read as follows:
    4    27.  NOTWITHSTANDING  ANY OTHER INCONSISTENT PROVISION OF LAW, RETIRE-
    5  MENT BENEFITS RECEIVED BY A RETIRED MEMBER OF THE NEW YORK CITY BOARD OF
    6  EDUCATION RETIREMENT SYSTEM SHALL BE SUBJECT TO ACTIONS  TAKEN  PURSUANT
    7  TO SECTION SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW.
    8    S 12. This act shall take effect immediately.
    9                                   PART J
   10    Section  1.  The legislative law is amended by adding a new section 68
   11  to read as follows:
   12    S 68. ASSEMBLY STANDING COMMITTEE ON ETHICS AND GUIDANCE. 1.  THERE IS
   13  ESTABLISHED A STANDING COMMITTEE IN THE ASSEMBLY ON ETHICS AND  GUIDANCE
   14  WHICH  SHALL  REPLACE  THE  STANDING COMMITTEE ON ETHICS AND GUIDANCE AS
   15  ESTABLISHED BY THE RULES OF THE ASSEMBLY. THE COMMITTEE SHALL CONSIST OF
   16  AN EQUAL NUMBER OF MAJORITY AND MINORITY MEMBERS FOR A  TOTAL  OF  EIGHT
   17  MEMBERS.  THE  EIGHT  MEMBERS  SHALL  BE  MEMBERS  OF  THE  ASSEMBLY AND
   18  APPOINTED AS FOLLOWS: FOUR BY THE SPEAKER OF THE ASSEMBLY  AND  FOUR  BY
   19  THE MINORITY LEADER OF THE ASSEMBLY.
   20    2. THE COMMITTEE SHALL SERVE AS DESCRIBED IN THIS SECTION AND HAVE AND
   21  EXERCISE  THE  POWERS  AND  DUTIES  SET  FORTH IN THIS SECTION ONLY WITH
   22  RESPECT TO MEMBERS OF THE ASSEMBLY AND ASSEMBLY EMPLOYEES.
   23    3. MEMBERS OF THE ASSEMBLY WHO SERVE ON THE COMMITTEE SHALL EACH  HAVE
   24  A TWO YEAR TERM CONCURRENT WITH THEIR LEGISLATIVE TERMS OF OFFICE.
   25    4.  MEMBERS OF THE COMMITTEE MAY ONLY BE REMOVED BY A MAJORITY VOTE OF
   26  THE COMMITTEE SOLELY FOR SUBSTANTIAL NEGLECT OF DUTY,  GROSS  MISCONDUCT
   27  IN  OFFICE,  VIOLATION  OF  THE  CONFIDENTIALITY  RESTRICTIONS  IN  THIS
   28  SECTION, INABILITY TO DISCHARGE  THE  POWERS  OR  DUTIES  OF  OFFICE  OR
   29  VIOLATION  OF  THIS  SECTION, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A
   30  REPLY.
   31    5. THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY
   32  SHALL EACH DESIGNATE ONE MEMBER OF THE  COMMITTEE  AS  A  CO-CHAIRPERSON
   33  THEREOF.  THE CO-CHAIRPERSONS SHALL RECEIVE COMPENSATION AS PROVIDED FOR
   34  IN SECTION FIVE-A OF THIS CHAPTER.
   35    6. THE COMMITTEE SHALL MEET AT LEAST BI-MONTHLY AND AT SUCH ADDITIONAL
   36  TIMES AS MAY BE CALLED FOR BY THE CO-CHAIRPERSONS JOINTLY  OR  ANY  FOUR
   37  MEMBERS OF THE COMMITTEE.
   38    7. ANY VACANCY OCCURRING ON THE COMMITTEE SHALL BE FILLED WITHIN THIR-
   39  TY DAYS BY THE APPOINTING AUTHORITY.
   40    8.  FIVE  MEMBERS  OF THE COMMITTEE SHALL CONSTITUTE A QUORUM, AND THE
   41  COMMITTEE SHALL HAVE POWER TO ACT BY MAJORITY VOTE OF THE  TOTAL  NUMBER
   42  OF MEMBERS OF THE COMMITTEE WITHOUT VACANCY.
   43    9.  THE  COMMITTEE SHALL BE FUNDED SEPARATELY FROM THE ASSEMBLY APPRO-
   44  PRIATIONS PROVIDED ANNUALLY IN AN AMOUNT DEEMED APPROPRIATE BY AN AGREE-
   45  MENT OF THE CO-CHAIRS FOR THE MAINTENANCE AND OPERATION OF  THE  COMMIT-
   46  TEE.  SUCH  APPROPRIATION  FOR THE COMMITTEE SHALL BE SPECIFICALLY LINED
   47  OUT IN THE LEGISLATIVE BUDGET. THE EXECUTIVE DIRECTOR AND  EMPLOYEES  OF
   48  THE  COMMITTEE  SHALL BE CONSIDERED AS EMPLOYEES OF THE ASSEMBLY FOR ALL
   49  PURPOSES.
   50    10. THE COMMITTEE SHALL:
   51    (A) APPOINT AN EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE WITH THE
   52  POLICIES OF THE COMMITTEE, PROVIDED THAT THE COMMITTEE  MAY  REMOVE  THE
   53  EXECUTIVE DIRECTOR BY A MAJORITY VOTE FOR NEGLECT OF DUTY, MISCONDUCT IN
       A. 7147                            29
    1  OFFICE,  OR  INABILITY  OR  FAILURE TO DISCHARGE THE POWERS OR DUTIES OF
    2  OFFICE;
    3    (B)  APPOINT  SUCH  OTHER STAFF AS ARE NECESSARY TO ASSIST IT TO CARRY
    4  OUT ITS DUTIES UNDER THIS SECTION;
    5    (C) ADOPT, AMEND, AND RESCIND POLICIES, RULES AND REGULATIONS CONSIST-
    6  ENT WITH THIS SECTION TO GOVERN PROCEDURES OF THE COMMITTEE;
    7    (D) ADMINISTER THE PROVISIONS OF THIS SECTION;
    8    (E) REVIEW ALL RULES AND POLICIES  OF  THE  SPEAKER  OR  THE  ASSEMBLY
    9  RELATING  TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY, INCLUDING
   10  BUT NOT LIMITED TO ETHICS, SEXUAL  HARASSMENT  AND  FRATERNIZATION  WITH
   11  STUDENT  INTERNS,  AND  RECOMMEND TO THE SPEAKER OF THE ASSEMBLY AND THE
   12  MINORITY LEADER OF THE ASSEMBLY ANY CHANGES TO SUCH RULES  AND  POLICIES
   13  OR  OFFER  MOTIONS  TO  AMEND RULES OF THE ASSEMBLY, OR OFFER MOTIONS TO
   14  SUSPEND RULES OF THE ASSEMBLY, OR ADOPT POLICIES RELATING TO CONDUCT  OF
   15  MEMBERS  AND  EMPLOYEES  OF  THE  ASSEMBLY, INCLUDING BUT NOT LIMITED TO
   16  ETHICS, SEXUAL HARASSMENT AND FRATERNIZATION WITH STUDENT  INTERNS.  ANY
   17  SUCH POLICY RELATING TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY
   18  ADOPTED BY THE COMMITTEE SHALL BE THE POLICY OF THE ASSEMBLY AND SUBJECT
   19  TO THE PROVISIONS OF THIS SECTION;
   20    (F)  DEVELOP  AND  REGULARLY  UPDATE  A  COURSE OF INSTRUCTION FOR ALL
   21  MEMBERS AND EMPLOYEES OF THE ASSEMBLY WITH REGARD TO THE LAWS AND  POLI-
   22  CIES  GOVERNING  THEIR  CONDUCT.    THE COMMITTEE SHALL RECOMMEND TO THE
   23  SPEAKER OF THE ASSEMBLY AND  THE  MINORITY  LEADER  OF  THE  ASSEMBLY  A
   24  CONDUCT  AND  ETHICS  TRAINING PLAN FOR IMPLEMENTING AND SCHEDULING SUCH
   25  COURSE OF INSTRUCTION FOR MEMBERS, EMPLOYEES AND NEWLY-HIRED EMPLOYEES;
   26    (G) PREPARE AN ANNUAL REPORT TO THE SPEAKER OF THE  ASSEMBLY  AND  THE
   27  MINORITY  LEADER  OF  THE  ASSEMBLY  SUMMARIZING  THE  ACTIVITIES OF THE
   28  COMMITTEE DURING THE PREVIOUS YEAR AND RECOMMENDING ANY CHANGES  IN  THE
   29  LAWS GOVERNING THE CONDUCT OF PERSONS SUBJECT TO THE JURISDICTION OF THE
   30  COMMITTEE,  OR  THE  RULES,  REGULATIONS  AND  PROCEDURES  GOVERNING THE
   31  COMMITTEE'S CONDUCT. SUCH REPORT  SHALL  INCLUDE:    (I)  A  LISTING  BY
   32  ASSIGNED  NUMBER  OF  EACH  COMPLAINT  INCLUDING  CURRENT STATUS OF EACH
   33  COMPLAINT, (II) WHERE A MATTER WAS DEFERRED, AND (III)  WHERE  A  MATTER
   34  HAS  BEEN RESOLVED, THE DATE AND NATURE OF THE DISPOSITION AND ANY SANC-
   35  TION IMPOSED,  SUBJECT  TO  THE  CONFIDENTIALITY  REQUIREMENTS  OF  THIS
   36  SECTION; AND
   37    (H)  INVESTIGATE  COMPLAINTS  AND IMPOSE DISCIPLINARY MEASURES AGAINST
   38  MEMBERS AND EMPLOYEES FOUND IN VIOLATION OF RULES AND  POLICIES  OF  THE
   39  SPEAKER OR THE ASSEMBLY OR THE PUBLIC OFFICERS LAW OR OTHER LAW.
   40    11. INVESTIGATIONS, MANDATORY REPORTING OF VIOLATIONS, AND ENFORCEMENT
   41  AUTHORITY:
   42    (A)  THE  COMMITTEE  SHALL  HAVE  THE AUTHORITY, ON ITS OWN ACCORD, TO
   43  INITIATE BY A MAJORITY VOTE AN INVESTIGATION INTO A POSSIBLE  VIOLATION,
   44  BY ANY MEMBER OR EMPLOYEE OF THE ASSEMBLY, OF THE RULES OR POLICY OF THE
   45  SPEAKER OR THE ASSEMBLY OR OF THE PUBLIC OFFICERS LAW OR OTHER LAW.
   46    (B) ANY FORMAL OR INFORMAL COMPLAINT OF A VIOLATION OF RULES AND POLI-
   47  CIES  OF  THE SPEAKER OR THE ASSEMBLY RELATING TO CONDUCT OF MEMBERS AND
   48  EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC  OFFICERS  LAW
   49  OR OTHER LAW, MUST BE REPORTED TO THE COMMITTEE WITHIN FIVE DAYS OF SUCH
   50  COMPLAINT  BEING  MADE  TO COUNSEL, OFFICE OF HUMAN RESOURCES, OFFICE OF
   51  ADMINISTRATION AND PERSONNEL OR INTAKE REPRESENTATIVE.
   52    (C) THE COMMITTEE SHALL REVIEW SUCH COMPLAINT AT THE NEXT  MEETING  OF
   53  SUCH  COMMITTEE  AND  DETERMINE  BY MAJORITY VOTE WHETHER TO INVESTIGATE
   54  SUCH COMPLAINT FURTHER, COMMENCE A FULL  FORMAL  INVESTIGATION  OF  SUCH
   55  COMPLAINT OR DEFER SUCH COMPLAINT TO THE COMMISSION ON OFFICIAL CONDUCT,
   56  THE  LEGISLATIVE  ETHICS  COMMISSION,  OR AN APPROPRIATE PROSECUTOR. THE
       A. 7147                            30
    1  STAFF OF THE COMMITTEE SHALL PROVIDE TO THE  MEMBERS  OF  THE  COMMITTEE
    2  PRIOR TO SUCH VOTE INFORMATION REGARDING THE LIKELY SCOPE AND CONTENT OF
    3  THE  INVESTIGATION, AND  A SUBPOENA PLAN, TO THE EXTENT SUCH INFORMATION
    4  IS AVAILABLE.
    5    (D)  IF  THE  COMMITTEE DETERMINES BY MAJORITY VOTE THAT A FULL FORMAL
    6  INVESTIGATION SHALL COMMENCE THE COMMITTEE SHALL NOTIFY  THE  INDIVIDUAL
    7  IN  WRITING,  DESCRIBE  THE  POSSIBLE  OR ALLEGED VIOLATION OF RULES AND
    8  POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATED TO  CONDUCT  OF  MEMBERS
    9  AND  EMPLOYEES  OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC OFFICERS
   10  LAW OR OTHER LAW AND PROVIDE THE PERSON WITH A  FIFTEEN  DAY  PERIOD  IN
   11  WHICH TO SUBMIT A WRITTEN RESPONSE SETTING FORTH INFORMATION RELATING TO
   12  THE  ACTIVITIES  CITED  AS A POSSIBLE OR ALLEGED VIOLATION OF SUCH RULES
   13  AND POLICIES.
   14    (E) THE COMMITTEE HAS THE AUTHORITY TO CONDUCT ANY  INQUIRY  PERTINENT
   15  OR MATERIAL TO THE DISCHARGE OF THE FUNCTIONS, POWERS AND DUTIES IMPOSED
   16  BY  LAW;  AND  THROUGH  DESIGNATED  MEMBERS  OF  THE  STAFF, TO SUBPOENA
   17  WITNESSES, ADMINISTER OATHS, TAKE TESTIMONY AND COMPEL THE PRODUCTION OF
   18  SUCH BOOKS, PAPERS, RECORDS AND DOCUMENTS AS MAY BE RELEVANT TO ANY SUCH
   19  INQUIRY AND INVESTIGATION.
   20    (F) IF THE  COMMITTEE  DETERMINES  AT  ANY  STAGE  THAT  THERE  IS  NO
   21  VIOLATION,  IT  SHALL  SO  ADVISE THE INDIVIDUAL AND THE COMPLAINANT, IF
   22  ANY. ALL OF THE FOREGOING PROCEEDINGS SHALL BE CONFIDENTIAL.
   23    (G) THE JURISDICTION OF THE COMMITTEE WHEN  ACTING  PURSUANT  TO  THIS
   24  SECTION  SHALL CONTINUE NOTWITHSTANDING THAT A MEMBER OF THE ASSEMBLY OR
   25  ASSEMBLY EMPLOYEE SEPARATES FROM ASSEMBLY  SERVICE,  PROVIDED  THAT  THE
   26  COMMITTEE NOTIFIES SUCH INDIVIDUAL OF THE ALLEGED VIOLATION OF RULES AND
   27  POLICIES  OF  THE SPEAKER OR THE ASSEMBLY RELATING TO CONDUCT OF MEMBERS
   28  AND EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE  PUBLIC  OFFICERS
   29  LAW  PURSUANT  TO PARAGRAPH (C) OF THIS SUBDIVISION WITHIN ONE YEAR FROM
   30  HIS OR HER SEPARATION FROM ASSEMBLY SERVICE.
   31    (H) IF DURING THE COURSE OF ITS INVESTIGATION THE COMMITTEE DEEMS THAT
   32  A VIOLATION OF RULES AND POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATED
   33  TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY OR  A  VIOLATION  OF
   34  THE  PUBLIC  OFFICERS LAW OR OTHER LAW HAS OCCURRED, THE COMMITTEE SHALL
   35  NOTIFY THE INDIVIDUAL IN WRITING.
   36    (I) THE COMMITTEE SHALL HAVE THE AUTHORITY TO  (I)  RECOMMEND  PUNISH-
   37  MENTS  FOR VIOLATIONS OF RULES AND POLICIES OF THE SPEAKER OR THE ASSEM-
   38  BLY, OR THE PUBLIC OFFICERS LAW OR OTHER LAW, INCLUDING BUT NOT  LIMITED
   39  TO  CENSURE,  STRIPPING  MEMBERS  OF  LEADERSHIP  POSITIONS OR EXPULSION
   40  PURSUANT TO SECTION THREE OF THIS  CHAPTER  AND  (II)  ACCESS  PENALTIES
   41  PURSUANT TO APPLICABLE LAW OR RULE.
   42    (J)  NO  MEMBER  OR  EMPLOYEE  OF  THE ASSEMBLY SHALL TAKE ANY ADVERSE
   43  PERSONNEL ACTION WITH RESPECT TO  ANOTHER  MEMBER  OR  EMPLOYEE  OF  THE
   44  ASSEMBLY IN RETALIATION FOR HIS OR HER MAKING A REPORT TO THE COMMITTEE,
   45  OR FOR HIS OR HER OFFICIAL DUTIES AS A MEMBER OF THE COMMITTEE, CONCERN-
   46  ING  CONDUCT  WHICH  HE  OR  SHE  KNOWS  OR  REASONABLY BELIEVES TO BE A
   47  VIOLATION OF RULES AND POLICIES OF THE SPEAKER OR THE  ASSEMBLY  OR  THE
   48  PUBLIC OFFICERS LAW OR OTHER LAW.
   49    (K)  NOTWITHSTANDING THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFI-
   50  CERS LAW, THE ONLY RECORDS OF THE COMMITTEE WHICH SHALL BE AVAILABLE FOR
   51  PUBLIC INSPECTION AND COPYING ARE:
   52    (I) THE TERMS OF ANY SETTLEMENT OR COMPROMISE OF A COMPLAINT OR REFER-
   53  RAL OR REPORT WHICH INCLUDES A FINE, PENALTY OR OTHER REMEDY REACHED  BY
   54  THE COMMITTEE; AND
   55    (II) ALL REPORTS REQUIRED BY THIS SECTION.
       A. 7147                            31
    1    12.  NOTWITHSTANDING  THE  PROVISIONS  OF  ARTICLE SEVEN OF THE PUBLIC
    2  OFFICERS LAW, NO MEETING OR PROCEEDING OF THE COMMITTEE SHALL BE OPEN TO
    3  THE PUBLIC, EXCEPT IF EXPRESSLY PROVIDED OTHERWISE BY  THIS  SECTION  OR
    4  THE COMMITTEE.
    5    S  2.  That portion of subdivision 1 of section 5-a of the legislative
    6  law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY",  as  amended  by
    7  section  3  of  part XX of chapter 56 of the laws of 2009, is amended to
    8  read as follows:
    9                   ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
   10  Chairman of assembly ways and means committee ................... 34,000
   11  Ranking minority member of assembly ways and means
   12   committee ...................................................... 20,500
   13  Chairman of assembly judiciary committee ........................ 18,000
   14  Ranking minority member of assembly judiciary
   15   committee ...................................................... 11,000
   16  Chairman of assembly codes committee ............................ 18,000
   17  Ranking minority member of assembly codes
   18   committee ...................................................... 11,000
   19  Chairman of assembly banks committee ............................ 15,000
   20  Ranking minority member of assembly banks committee .............. 9,500
   21  Chairman of assembly committee on cities ........................ 15,000
   22  Ranking minority member of assembly committee on cities .......... 9,500
   23  Chairman of assembly education committee ........................ 18,000
   24  Ranking minority member of assembly education committee ......... 11,000
   25  Chairman of assembly health committee ........................... 15,000
   26  Ranking minority member of assembly health committee ............. 9,500
   27  Chairman of assembly local governments committee ................ 15,000
   28  Ranking minority member of assembly local governments
   29   committee ....................................................... 9,500
   30  Chairman of assembly agriculture committee ...................... 12,500
   31  Ranking minority member of assembly agriculture committee ........ 9,000
   32  Chairman of assembly economic development, job creation,
   33   commerce and industry committee ................................ 18,000
   34  Ranking minority member of assembly economic development,
   35   job creation, commerce and industry committee .................. 11,000
   36  Chairman of assembly environmental conservation committee ....... 12,500
   37  Ranking minority member of assembly environmental
   38   conservation committee .......................................... 9,000
   39  Chairman of assembly corporations, authorities
   40   and commissions committee ...................................... 15,000
   41  Ranking minority member of assembly corporations,
   42   authorities, and commissions committee .......................... 9,500
   43  Chairman of assembly correction committee ....................... 12,500
   44  Ranking minority member of assembly correction committee ......... 9,000
   45  MAJORITY Chairman of assembly ethics and guidance
   46   committee ...................................................... 12,500
   47  [Ranking minority member of assembly ethics and guidance
   48   committee ...................................................... 9,000]
   49  MINORITY CHAIRMAN OF ASSEMBLY ETHICS AND GUIDANCE
   50   COMMITTEE ...................................................... 12,500
   51  Chairman of assembly governmental employees committee ........... 12,500
   52  Ranking minority member of assembly governmental
       A. 7147                            32
    1   employees committee ............................................. 9,000
    2  Chairman of assembly governmental operations committee .......... 12,500
    3  Ranking minority member of assembly governmental
    4   operations committee ............................................ 9,000
    5  Chairman of assembly housing committee .......................... 12,500
    6  Ranking minority member of assembly housing committee ............ 9,000
    7  Chairman of assembly insurance committee ........................ 12,500
    8  Ranking minority member of assembly insurance committee .......... 9,000
    9  Chairman of assembly labor committee ............................ 14,000
   10  Ranking minority member of assembly labor committee .............. 9,000
   11  Chairman of assembly racing and wagering committee .............. 12,500
   12  Ranking minority member of assembly racing and wagering
   13   committee ....................................................... 9,000
   14  Chairman of assembly social services committee .................. 12,500
   15  Ranking minority member of assembly social services
   16   committee ....................................................... 9,000
   17  Chairman of assembly small business committee ................... 12,500
   18  Ranking minority member of assembly small business
   19   committee ....................................................... 9,000
   20  Chairman of assembly transportation committee ................... 15,000
   21  Ranking minority member of assembly transportation
   22   committee ....................................................... 9,500
   23  Chairman of assembly veterans' affairs committee ................ 12,500
   24  Ranking minority member of assembly veterans' affairs
   25   committee ....................................................... 9,000
   26  Chairman of assembly aging committee ............................ 12,500
   27  Ranking minority member of assembly aging committee .............. 9,000
   28  Chairman of the assembly alcoholism and drug abuse
   29   committee ...................................................... 12,500
   30  Ranking minority member of the assembly
   31   alcoholism and drug abuse committee ............................. 9,000
   32  Chairman of assembly committee on mental health,
   33   mental retardation and developmental disabilities .............. 12,500
   34  Ranking minority member of assembly committee on mental health,
   35   mental retardation and developmental disabilities ............... 9,000
   36  Chairman of assembly higher education committee ................. 12,500
   37  Ranking minority member of assembly higher education
   38   committee ....................................................... 9,000
   39  Chairman of assembly real property taxation committee ........... 12,500
   40  Ranking minority member of assembly real property
   41   taxation committee .............................................. 9,000
   42  Chairman of assembly election law committee ..................... 12,500
   43  Ranking minority member of assembly election
   44   law committee ................................................... 9,000
   45  Chairman of assembly children and families committee ............ 12,500
   46  Ranking minority member of assembly children
   47   and families committee .......................................... 9,000
   48  Chairman of assembly consumer affairs and protection
   49   committee ...................................................... 12,500
   50  Ranking minority member of assembly consumer affairs and
   51   protection committee ............................................ 9,000
   52  Chairman of the assembly energy committee ....................... 12,500
   53  Ranking minority member of assembly energy committee ............. 9,000
   54  Chairman of assembly tourism, parks, arts and sports development
   55   committee ...................................................... 12,500
   56  Ranking minority member of assembly tourism, parks, arts and
       A. 7147                            33
    1   sports development committee .................................... 9,000
    2  Chairman of assembly oversight, analysis and investigation
    3   committee ...................................................... 12,500
    4  Ranking minority member of assembly oversight,
    5   analysis and investigation committee ............................ 9,000
    6  Chairman of assembly office of state-federal relations .......... 12,500
    7  Chairman of majority house operations ........................... 12,500
    8  Chairman of minority house operations ............................ 9,000
    9  Co-chairman of the administrative regulations review
   10   commission ..................................................... 12,500
   11    S 3. This act shall take effect immediately.
   12                                   PART K
   13    Section  1.  The  real  property  tax  law  is amended by adding a new
   14  section 493 to read as follows:
   15    S 493. LIMITATIONS. 1. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE
   16  CONTRARY,  ANY  REAL  PROPERTY  WHICH WOULD OTHERWISE BE ELIGIBLE FOR AN
   17  EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER  REDUCTION  OR  OFFSET  OF
   18  REAL  PROPERTY  TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE SO ELIGIBLE
   19  IF ANY PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION,  CREDIT,  ABATE-
   20  MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF ANY FELONY
   21  OFFENSE  AS  DEFINED  BY  STATE OR FEDERAL LAW AND WHEN SUCH OFFENSE WAS
   22  DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFICIAL, OR  OFFI-
   23  CER  OF  THE  STATE  OR OF A CIVIL DIVISION THEREOF; OR A VIOLENT FELONY
   24  OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW  OR  A  CLASS  A
   25  FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE SERVING IN SUCH OFFICE OR
   26  CAPACITY.
   27    2.  FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
   28  BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER  REDUCTION
   29  OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
   30    (A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
   31    (B)  IN  THE  CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
   32  APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
   33    (C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY,  OR
   34  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
   35  OF, OR
   36    (D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
   37  PROPERTY,  OR  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
   38  MANAGER OR MEMBER THEREOF, OR
   39    (E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO  PROPERTY  OR
   40  IS  OBLIGATED  TO  MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
   41  OFFICER THEREOF.
   42    3. IN THE EVENT A  PERSON  OR  FIRM,  PARTNERSHIP  OR  CORPORATION  IS
   43  CONVICTED  OF  ANY FELONY OFFENSE AS DEFINED BY STATE OR FEDERAL LAW AND
   44  WHEN SUCH OFFENSE WAS DIRECTLY RELATED TO  HIS  OR  HER  SERVICE  AS  AN
   45  ELECTED  OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THERE-
   46  OF; OR A VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION  70.02  OF  THE
   47  PENAL  LAW  OR  A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE
   48  SERVING IN SUCH OFFICE OR CAPACITY, THE OFFICE RESPONSIBLE FOR PROSECUT-
   49  ING SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION, TOGETHER WITH THE
   50  NAMES OF ANY FIRM, PARTNERSHIP OR CORPORATION OF  WHICH  THE  PERSON  IS
   51  KNOWN  TO  BE A MEMBER, PARTNER, OFFICER OR DIRECTOR, TO THE ASSESSOR OF
   52  ANY ASSESSING UNIT IN WHICH SUCH PERSON OR  SUCH  FIRM,  PARTNERSHIP  OR
   53  CORPORATION IS KNOWN TO OWN PROPERTY.
       A. 7147                            34
    1    S 2. This act shall take effect immediately.
    2                                   PART L
    3    Section  1. Paragraph 5 of subdivision 3 of section 73-a of the public
    4  officers law is amended by adding a new  subparagraph  (c)  to  read  as
    5  follows:
    6    (C)  IF  YOU ARE A MEMBER OF THE LEGISLATURE OR A CANDIDATE FOR MEMBER
    7  OF THE LEGISLATURE, LIST EACH SOURCE AND THE AMOUNT OF INCOME THEREFROM,
    8  IN EXCESS OF $1,000, (OTHER THAN FROM THE EMPLOYMENT LISTED UNDER  PARA-
    9  GRAPH  2  ABOVE)  RECEIVED  DURING  THE  REPORTING PERIOD FOR WHICH THIS
   10  STATEMENT IS FILED BY THE REPORTING  INDIVIDUAL  FROM  THE  PRACTICE  OF
   11  EVERY  OCCUPATION, EMPLOYMENT, TRADE, BUSINESS AND PROFESSION ENGAGED IN
   12  BY THE REPORTING INDIVIDUAL AND REPORTED IN  SUBPARAGRAPH  (A)  OF  THIS
   13  PARAGRAPH.  INCLUDE,  NOTWITHSTANDING  THE EXISTENCE OF ANY PROFESSIONAL
   14  EXEMPTION, THE NAME AND ADDRESS OF EACH SUCH SOURCE OF INCOME, THE  WORK
   15  PERFORMED TO EARN SUCH INCOME AND THE AMOUNT OF SUCH INCOME.
   16  NAME OF SOURCE      ADDRESS        WORK           AMOUNT OF
   17  OF INCOME                          PERFORMED      INCOME
   18  ________________________________________________________________________
   19  ________________________________________________________________________
   20  ________________________________________________________________________
   21    S 2. This act shall take effect January 1, 2016.
   22    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
   23  sion,  section  or  part  of  this act shall be adjudged by any court of
   24  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   25  impair,  or  invalidate  the remainder thereof, but shall be confined in
   26  its operation to the clause, sentence, paragraph,  subdivision,  section
   27  or part thereof directly involved in the controversy in which such judg-
   28  ment shall have been rendered. It is hereby declared to be the intent of
   29  the  legislature  that  this  act  would  have been enacted even if such
   30  invalid provisions had not been included herein.
   31    S 4. This act shall take effect immediately; provided,  however,  that
   32  the applicable effective dates of Parts A through L of this act shall be
   33  as specifically set forth in the last section of such Parts.