Bill Text: NY A07393 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the public officers reform act; relates to disqualifying certain individuals from holding office; disqualifies certain people from bidding on state contracts; bans certain people from acting as lobbyists.
Spectrum: Partisan Bill (Republican 39-0)
Status: (Introduced - Dead) 2014-04-07 - held for consideration in governmental operations [A07393 Detail]
Download: New_York-2013-A07393-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7393 2013-2014 Regular Sessions I N A S S E M B L Y May 14, 2013 ___________ Introduced by M. of A. KOLB, BARCLAY, BLANKENBUSH, BORELLI, BUTLER, CERETTO, CORWIN, CROUCH, CURRAN, DIPIETRO, DUPREY, FINCH, FITZPATRICK, FRIEND, GARBARINO, GIGLIO, GOODELL, GRAF, HAWLEY, JOHNS, JORDAN, KATZ, LALOR, P. LOPEZ, LUPINACCI, MALLIOTAKIS, McDONOUGH, McKEVITT, McLAUGH- LIN, MONTESANO, NOJAY, OAKS, PALMESANO, RA, RABBITT, RAIA, REILICH, SALADINO, STEC, TEDISCO, TENNEY, WALTER -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public officers law, in relation to disqualifying certain individuals from holding office; and to amend the civil rights law, in relation to revoking the right to hold office by certain indi- viduals (Part A); to amend the state finance law, in relation to the disqualification of certain bidders (Part B); to amend the legislative law, in relation to banning certain individuals from lobbying (Part C); and to amend the state finance law, in relation to requiring tran- sparency, identification and disclosure of certain appropriations and intended recipients (Part D); 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 executive law and the public authorities 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 executive law relating to the joint commission on public ethics; to repeal article 4-A of the executive law and subdivision 68 of section 2.10 of the criminal procedure law relating to the office of the state inspector general; and to repeal chapter 989 of the laws of 1958, relating to creating a temporary state commission of investi- gation, relating thereto (Part E); to amend the election law, in relation to forfeiture of unspent campaign funds after criminal conviction and resignation of the elected official (Part F); to amend EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10701-04-3 A. 7393 2 the penal law, the criminal procedure law and the election law, in relation to abuse of public trust crime (Part G); to amend the election law, in relation to limitations on use of campaign contrib- utions (Part H); to amend the election law, in relation to filing late campaign disclosure statements (Part I); and to amend the legislative law, in relation to limiting the amount of time a legislator may serve as a legislative leader (Part J) 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 officers accountability act of 2013". 3 S 2. This act enacts into law major components of legislation which 4 address the impact of a felony conviction, on a public officer, when 5 such conviction is related to the officer's official duties or public 6 office, provides for member item reform, creates a new Commission on 7 Official Conduct, forfeiture of campaign funds upon felony convictions, 8 creation of new crimes against public trust, limiting use of campaign 9 funds, enhanced penalties for filing late campaign disclosure state- 10 ments, limiting terms of leaders and committee chairs. Each component 11 is wholly contained within a Part identified as Parts A through J. The 12 effective date for each particular provision contained within such Part 13 is set forth in the last section of such Part. Any provision in any 14 section contained within a Part, including the effective date of the 15 Part, which makes a reference to a section "of this act", when used in 16 connection with that particular component, shall be deemed to mean and 17 refer to the corresponding section of the Part in which it is found. 18 Section four of this act sets forth the general effective date of this 19 act. The "public officers accountability act of 2013" provided in this 20 act, includes the support of constitutional amendments that are consist- 21 ent with the intent of this act. The legislature supports constitutional 22 proposals that remove pension benefits from public officials who are 23 convicted of a felony related to such individual's official duties and 24 to provide that no person who is convicted of a felony, related to such 25 official duties, shall be eligible to serve in the legislature. 26 PART A 27 Section 1. Subdivision 1 of section 3 of the public officers law, as 28 amended by chapter 44 of the laws of 1982, is amended to read as 29 follows: 30 1. No person shall be capable of holding a civil office who shall not, 31 at the time he shall be chosen thereto, have attained the age of eigh- 32 teen years, except that in the case of youth boards, youth commissions 33 or recreation commissions only, members of such boards or commissions 34 may be under the age of eighteen years, but must have attained the age 35 of sixteen years on or before appointment to such youth board, youth 36 commission or recreation commission, be a citizen of the United States, 37 a resident of the state, and if it be a local office, a resident of the 38 political subdivision or municipal corporation of the state for which he 39 shall be chosen, or within which the electors electing him reside, or 40 within which his official functions are required to be exercised, OR 41 WHO, HAS BEEN CONVICTED OF ANY FELONY OFFENSES AS DEFINED BY STATE OR 42 FEDERAL LAW AND WHEN SUCH OFFENSE WAS DIRECTLY RELATED TO HIS OR HER A. 7393 3 1 SERVICE AS AN ELECTED OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL 2 DIVISION THEREOF; or who shall have been or shall be convicted of a 3 violation of the selective draft act of the United States, enacted May 4 eighteenth, nineteen hundred seventeen, or the acts amendatory or 5 supplemental thereto, or of the federal selective training and service 6 act of nineteen hundred forty or the acts amendatory thereof or supple- 7 mental thereto. 8 S 2. Subdivision 1 of section 79 of the civil rights law, as amended 9 by chapter 687 of the laws of 1973, is amended to read as follows: 10 1. Except as provided in subdivision two a sentence of imprisonment in 11 a state correctional institution for any term less than for life or a 12 sentence of imprisonment in a state correctional institution for an 13 indeterminate term, having a minimum of one day and a maximum of natural 14 life, forfeits all the public offices, and suspends, during the term of 15 the sentence, all the civil rights, and all private trusts, authority, 16 or powers of, or held by, the person sentenced, AND FORFEITS THE RIGHT 17 TO HOLD PUBLIC OFFICE FOR LIFE WHEN SUCH PERSON HAS BEEN CONVICTED OF 18 ANY FELONY OFFENSE, AS DEFINED BY STATE OR FEDERAL LAW, WHEN SUCH 19 OFFENSE WAS DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFI- 20 CIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THEREOF. 21 S 3. This act shall take effect immediately. 22 PART B 23 Section 1. The state finance law is amended by adding a new section 24 169 to read as follows: 25 S 169. DISQUALIFICATION OF CERTAIN BIDDERS. 1. SUBSEQUENT TO RECEIVING 26 BIDS AND PRIOR TO ENTERING INTO A CONTRACT WITH A BIDDER, WHERE THAT 27 BIDDER HAS OR WILL CONDUCT BUSINESS IN NEW YORK STATE, OR PRIOR TO 28 FORMALLY APPROVING A CONTRACT BETWEEN A BIDDER AND A SUBCONTRACTOR, EACH 29 AGENCY, AS DEFINED IN SECTION NINETY-TWO OF THE PUBLIC OFFICERS LAW, 30 SHALL CONDUCT A CRIMINAL BACKGROUND CHECK TO DETERMINE IF SUCH BIDDER OR 31 SUBCONTRACTOR HAS A FELONY CONVICTION. ANY BIDDER WHO HAS BEEN CONVICTED 32 OF ANY FELONY OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN SUCH 33 OFFENSE WAS DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFI- 34 CIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THEREOF, SHALL BE 35 DISQUALIFIED. NO AGENCY, AS DEFINED IN SECTION NINETY-TWO OF THE PUBLIC 36 OFFICERS LAW, SHALL BE PERMITTED TO ENTER INTO A CONTRACT WITH, OR 37 FORMALLY APPROVE A SUBCONTRACT TO, A BIDDER OR SUBCONTRACTOR WHO HAS A 38 FELONY CONVICTION WHERE SUCH CONVICTION WAS DIRECTLY RELATED TO HIS OR 39 HER SERVICE AS AN ELECTED OFFICIAL, OR OFFICER OF THE STATE OR OF A 40 CIVIL DIVISION THEREOF. 41 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, 42 A CONTRACT MAY BE ENTERED INTO WITH A BIDDER WHO HAS SUCH A FELONY 43 CONVICTION IF: 44 A. THE AGENCY DETERMINES THAT AN EMERGENCY CONDITION EXISTS INVOLVING 45 DANGER TO THE LIFE, HEALTH, OR SAFETY OF ANY PERSON OR THE SAFETY OF ANY 46 STRUCTURE THAT REQUIRES IMMEDIATE ACTION TO MITIGATE THE HARM OR AVERT 47 DANGER AND THE NATURE OF THE WORK IS SUCH THAT IT WOULD BE IMPRACTICAL 48 AND AGAINST THE PUBLIC INTEREST TO HAVE PUBLIC LETTING OF THE CONTRACT, 49 OR THE ITEM TO BE PURCHASED IS ESSENTIAL TO THE EFFICIENT OPERATION OR 50 THE ADEQUATE PROVISION OF SERVICE AND AS A CONSEQUENCE OF AN EMERGENCY 51 CONDITION SUCH ITEM OR SERVICE IS NOT AVAILABLE FROM A NON-DISQUALIFIED 52 INDIVIDUAL OR ENTITY; OR 53 B. THE ITEM TO BE PURCHASED IS AVAILABLE ONLY FROM A SINGLE SOURCE AND 54 THAT SOURCE IS THE BIDDER WITH A DISQUALIFING FELONY CONVICTION. A. 7393 4 1 3. FOR THE PURPOSES OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, 2 THE TERM "EMERGENCY CONDITION" SHALL MEAN A CONDITION CAUSED BY A 3 NATURAL DISASTER, FIRE, OR OTHER CASUALTY, OR ANOTHER UNANTICIPATED, 4 SUDDEN, AND UNEXPECTED OCCURRENCE THAT REQUIRES THE IMMEDIATE ATTENTION 5 AND ACTION OF THE AGENCY. 6 4. PRIOR TO AWARDING A CONTRACT UNDER THE PROVISIONS OF PARAGRAPH A OF 7 SUBDIVISION TWO OF THIS SECTION, THE AGENCY SHALL NOTIFY THE COMPTROLLER 8 OF ITS INTENT TO AWARD THE CONTRACT AND SHALL SPECIFY THE REASONS USED 9 BY THE AGENCY TO MAKE THE REQUIRED DETERMINATIONS. THE COMPTROLLER SHALL 10 REVIEW THE DETERMINATIONS OF THE AGENCY AND IF, IN THE DETERMINATION OF 11 THE COMPTROLLER, THE REASONS SPECIFIED BY THE AGENCY DO NOT SATISFY THE 12 REQUIREMENTS OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, THE 13 COMPTROLLER SHALL HAVE THE AUTHORITY TO DEEM THE AWARDED CONTRACT NULL 14 AND VOID AND UNENFORCEABLE AND TO REQUIRE THE AGENCY TO USE THE COMPET- 15 ITIVE BIDDING PROCESS FOR THE CONTRACT. 16 S 2. This act shall take effect on the one hundred twentieth day after 17 it shall have become a law; provided that all state agencies, as defined 18 in paragraph (g) of subdivision 1 of section 73 of the public officers 19 law, are authorized to promulgate any and all rules and regulations and 20 take any other measures necessary to implement this act on its effective 21 date on or before such date. 22 PART C 23 Section 1. Section 1-d of the legislative law is amended by adding a 24 new subdivision (i) to read as follows: 25 (I) IMPOSE A PERMANENT BAN UPON ANY LOBBYING ACTIVITIES AS DEFINED IN 26 THIS ARTICLE AGAINST ANY PERSON WHO HAS BEEN CONVICTED OF ANY FELONY 27 OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN SUCH OFFENSE WAS 28 DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFICIAL, OR OFFI- 29 CER OF THE STATE OR OF A CIVIL DIVISION THEREOF. 30 S 2. Subdivision (b) of section 1-o of the legislative law is amended 31 by adding a new paragraph (vii) to read as follows: 32 (VII) ANY PERSON WHO ENGAGES IN LOBBYING ACTIVITIES WHILE SUBJECT TO A 33 PERMANENT BAN ON SUCH ACTIVITIES PURSUANT TO THE PROVISIONS OF SUBDIVI- 34 SION (I) OF SECTION ONE-D OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL 35 PENALTY NOT TO EXCEED FIFTY THOUSAND DOLLARS, PLUS A CIVIL PENALTY IN AN 36 AMOUNT EQUAL TO FIVE TIMES THE VALUE OF ANY GIFT, COMPENSATION OR BENE- 37 FIT RECEIVED AS A RESULT OF THE VIOLATION. 38 S 3. This act shall take effect immediately. 39 PART D 40 Section 1. Subdivisions 4 and 5 of section 24 of the state finance 41 law, as added by chapter 1 of the laws of 2007, are amended to read as 42 follows: 43 4. Any appropriation SUBMITTED BY THE GOVERNOR OR added to such budget 44 bills, pursuant to section four of article seven of the constitution, 45 shall only contain itemized appropriations which shall not be in the 46 form of lump sum appropriations, and provided further that for all non- 47 federal state operations appropriations, such bill or bills shall only 48 contain itemized appropriations and shall be made, where practicable, by 49 agency, and within each agency by program and within each program at the 50 following level of detail and in the following order: A. 7393 5 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 E A. 7393 6 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 S 3. Commission on official conduct; established. (a) There is hereby 15 established, as an independent state agency, the commission on official 16 conduct. The commission shall consist of five members appointed as 17 follows: 18 (1) one member appointed by the chief judge of the court of appeals, 19 who shall serve as the chair of the commission; 20 (2) one member appointed by the presiding justice of the appellate 21 division in the first department; 22 (3) one member appointed by the presiding justice of the appellate 23 division in the second department; 24 (4) one member appointed by the presiding justice of the appellate 25 division in the third department; and 26 (5) one member appointed by the presiding justice of the appellate 27 division in the fourth department. 28 (b) Each member of the commission shall serve a term of five years 29 commencing on the first of January of the calendar year in which the 30 vacancy in such office occurs; provided, however, that for the members 31 initially appointed as members, the member appointed by the presiding 32 justice in the fourth department shall serve a term of one year, the 33 member appointed by the presiding justice in the second department shall 34 serve a term of two years, the member appointed by the presiding justice 35 in the third department shall serve a term of three years, the member 36 appointed by the presiding justice in the first department shall serve a 37 term of four years and the member appointed by the chief judge of the 38 court of appeals shall serve a term of five years. 39 Any vacancy occurring in the membership of the commission shall be 40 filled within sixty days of its occurrence in the same manner as the 41 member whose vacancy is being filled was appointed. A person appointed 42 to fill a vacancy occurring other than by expiration of a term of office 43 shall be appointed to the unexpired term of the member he or she 44 replaces. 45 (c) Four members of the commission shall constitute a quorum, and the 46 commission shall have power to act by majority vote of the total number 47 of members of the commission without vacancy. 48 (d) The members of the commission shall receive no compensation for 49 their services, but shall be allowed their actual and necessary expenses 50 incurred in the performance of their duties pursuant to this act. 51 (e) Members of the commission may be removed by the chief judge of the 52 court of appeals for substantial neglect of duty, gross misconduct in 53 office, inability to discharge the powers and duties of office or 54 violation of the provisions of this act, after written notice and oppor- 55 tunity to be heard by the court of appeals. A. 7393 7 1 S 4. Executive director and staff. (a) The commission shall appoint 2 and employ an executive director who shall serve a term of six years. 3 Any vacancy in the office of executive director shall be filled within 4 ten days of its occurrence. A person appointed to fill a vacancy in the 5 office of executive director occurring other than by expiration of a 6 term of office shall be appointed to the unexpired term of the executive 7 director he or she replaces. 8 (b) The executive director shall act in accordance with the policies, 9 rules and regulations of the commission. He or she shall act in the name 10 of the commission pursuant to the specific powers delegated by the 11 commission to the office of executive director. 12 (c) The commission shall appoint and employ such other staff and 13 investigators as shall be necessary to carry out its powers and duties 14 pursuant to this act. 15 (d) The executive director, staff members and investigators may be 16 removed by the commission for substantial neglect of duty, gross miscon- 17 duct in office, inability to perform their duties or violation of the 18 provisions of this act, after written notice and opportunity to be 19 heard. 20 S 5. Powers and duties. The commission shall have the power and duty 21 to: 22 (a) fix the compensation of the executive director, staff members and 23 investigators; 24 (b) request and receive, and shall utilize and be provided with such 25 facilities, resources and data of any court, department, division, 26 board, bureau, commission or agency of the state or any political subdi- 27 vision thereof, or of any public authority or public benefit corpo- 28 ration, as it may reasonably request to properly carry out its powers 29 and duties pursuant to this act; 30 (c) adopt, amend and rescind rules and regulations to govern the 31 procedures of the commission and to implement the provisions of this 32 act; 33 (d) adopt, amend and rescind rules and regulations to assist appoint- 34 ing authorities in determining which persons hold policy-making posi- 35 tions for the purposes of section 73-a of the public officers law; 36 (e) make available forms for annual statements of financial disclosure 37 required to be filed pursuant to section 73-a of the public officers 38 law; 39 (f) review financial disclosure statements filed pursuant to section 40 73-a of the public officers law; 41 (g) receive and investigate complaints and referrals alleging 42 violations of section 73, 73-a or 74 of the public officers law, article 43 1-A of the legislative law, or section 107 of the civil service law; 44 (h) permit any person required to file a financial disclosure state- 45 ment pursuant to section 73-a of the public officers law to delete from 46 the copy thereof made available for public inspection such information 47 as shall be determined by the commission will have no material bearing 48 on the discharge of the reporting person's official duties; 49 (i) grant any person required to file a financial disclosure statement 50 pursuant to section 73-a of the public officers law, an additional peri- 51 od of time within which to file such statement due to justifiable cause 52 or undue hardship; 53 (j) permit any person required to file a financial disclosure state- 54 ment pursuant to section 73-a of the public officers law to delete such 55 information pertaining to such person's spouse or unemancipated children A. 7393 8 1 as shall be found by the commission will have no material bearing on the 2 discharge of the reporting person's official duties; 3 (k) advise and assist any state agency in establishing rules and regu- 4 lations relating to possible conflicts between private interests and 5 official duties of present and former state officers and employees; 6 (l) permit any person who has not been determined by his or her 7 appointing authority to hold a policy-making position, but who is other- 8 wise required to file a financial disclosure statement, to be granted an 9 exemption from such filing requirement. The commission may grant such an 10 exemption where the public interest does not require disclosure and the 11 applicant's duties do not involve negotiation, authorization or approval 12 of: 13 (1) contracts, leases, franchises, revocable consents, concessions, 14 variances, special permits or licenses as defined in section 73 of the 15 public officers law, 16 (2) the purchase, sale, rental or lease of real property, goods or 17 services, or a contract therefor, 18 (3) the obtaining of grants of money or loans, or 19 (4) the adoption or repeal of any rule or regulation having the force 20 and effect of law; 21 (m) determine questions common to a class or defined category of 22 persons or items of information required to be disclosed, where determi- 23 nation of the question will prevent undue repetition of requests for 24 exemption or deletion, or prevent undue complication in complying with 25 the provisions of this act; 26 (n) upon written request from a person subject to the requirements of 27 section 73, 73-a or 74 of the public officers law, render an advisory 28 opinion on the requirements of such provisions; 29 (o) promulgate rules concerning restrictions on outside activities and 30 limitations or the receipt of gifts and honoraria; 31 (p) conduct training programs, in cooperation with the governor's 32 office of employee relations, to provide instruction to persons subject 33 to its jurisdiction; 34 (q) administer and enforce all provisions of this act; 35 (r) conduct any investigation necessary to carry out the provisions of 36 this act; 37 (s) receive and investigate complaints from any source, or upon its 38 own initiative, concerning allegations of corruption, fraud, criminal 39 activity, conflicts of interest or abuse in any covered agency; 40 (t) inform the heads of covered agencies of such allegations and the 41 progress of investigations related thereto, unless special circumstances 42 require confidentiality; 43 (u) determine with respect to such allegations whether disciplinary 44 action, civil or criminal prosecution, or further investigation by an 45 appropriate federal, state or local agency is warranted, and to assist 46 in such investigations; 47 (v) prepare and release to the public written reports of such investi- 48 gations, as appropriate and to the extent permitted by law, subject to 49 redaction to protect the confidentiality of witnesses. The release of 50 all or portions of such reports may be deferred to protect the confiden- 51 tiality of ongoing investigations; 52 (w) review and examine periodically the policies and procedures of 53 covered agencies with regard to the prevention and detection of 54 corruption, fraud, criminal activity, conflicts of interest or abuse; 55 (x) recommend remedial acts to prevent or eliminate corruption, fraud, 56 criminal activity, conflicts of interest or abuse in covered agencies; A. 7393 9 1 (y) establish programs for training state officers and employees 2 regarding the prevention and elimination of corruption, fraud, criminal 3 activity, conflicts of interest or abuse in covered agencies; 4 (z) subpoena and enforce the attendance of witnesses; 5 (aa) administer oaths or affirmations and examine witnesses under 6 oath; 7 (bb) require the production of any books and papers deemed relevant or 8 material to any investigation, examination or review; 9 (cc) examine and copy or remove documents or records of any kind 10 prepared, maintained or held by any covered agency; 11 (dd) require any officer or employee in a covered agency to answer 12 questions concerning any matter related to the performance of his or her 13 official duties. No statement or other evidence derived therefrom may be 14 used against such officer or employee in any subsequent criminal prose- 15 cution other than for perjury or contempt arising from such testimony. 16 The refusal of any officer or employee to answer questions shall be 17 cause for removal from office or employment, or other appropriate penal- 18 ty; 19 (ee) monitor the implementation by covered agencies of any recommenda- 20 tions made by the commission; 21 (ff) perform any other functions that are necessary or appropriate to 22 fulfill the provisions of this act; 23 (gg) conduct investigations in connection with: 24 (1) the faithful execution and enforcement of the laws of the state, 25 with particular reference but not limited to organized crime and racke- 26 teering, 27 (2) the conduct of public officers and public employees, and of offi- 28 cers and employees of public benefit corporations and public authori- 29 ties, and 30 (3) any matter concerning the public peace, public safety and public 31 justice; 32 (hh) at the direction of the governor, conduct investigations and 33 otherwise assist the governor in connection with: 34 (1) the removal of public officers by the governor, 35 (2) the making of recommendations by the governor to any other person 36 or body, with respect to the removal of public officers, and 37 (3) the making of recommendations by the governor to the legislature 38 with respect to changes in or additions to existing provisions of law 39 required for the more effective enforcement of the law; 40 (ii) at the direction or request of the governor or the head of any 41 department, board, bureau, commission or other agency of the state, 42 investigate the management or affairs of any such department, board, 43 bureau, commission or other agency; 44 (jj) upon the request of district attorneys and other law enforcement 45 officers, cooperate with, advise and assist them in the performance of 46 their official powers and duties; 47 (kk) cooperate with departments and officers of the United States 48 government in the investigation of violations of the federal laws within 49 this state; 50 (ll) examine into matters relating to law enforcement extending across 51 the boundaries of the state into other states, and may consult and 52 exchange information with officers and agencies of other states with 53 respect to law enforcement problems of mutual concern to this and other 54 states; 55 (mm) whenever it shall appear to the commission that there is cause 56 for the prosecution of a crime or for the removal of a public officer A. 7393 10 1 for misconduct, refer the evidence of such crime or misconduct to the 2 officials authorized to conduct the prosecution or to remove the public 3 officer; 4 (nn) keep the public informed as to the operations of organized crime 5 and problems of law enforcement in the state; and 6 (oo) exercise any and all powers of the former commission on public 7 integrity and the former office of the state inspector general as they 8 existed immediately prior to the effective date of this act, and exer- 9 cise any and all powers of the former temporary state commission of 10 investigation as they existed on March 30, 2011. 11 S 6. Financial disclosure. (a) The commission shall inspect all finan- 12 cial disclosure statements filed with the commission to ascertain wheth- 13 er any person subject to the reporting requirements of section 73-a of 14 the public officers law has failed to file such a statement, has filed a 15 deficient statement or has filed a statement which reveals a possible 16 violation of section 73, 73-a or 74 of the public officers law. 17 (b) If a person required to file a financial disclosure statement with 18 the commission has failed to file a disclosure statement or has filed a 19 deficient statement, the commission shall notify the reporting person in 20 writing, state the failure to file or detail the deficiency, provide the 21 person with a fifteen day period to cure the deficiency, and advise the 22 person of the penalties for failure to comply with the reporting 23 requirements. Such notice shall be confidential. If the person fails to 24 make such filing or fails to cure the deficiency within the specified 25 time period, the commission shall send a notice of delinquency: (1) to 26 the reporting person; (2) in the case of a statewide elected official, 27 to the temporary president of the senate and the speaker of the assem- 28 bly; and (3) in the case of a state officer or employee, to the appoint- 29 ing authority for such person. Such notice of delinquency may be sent at 30 any time during the reporting person's service as a statewide elected 31 official, state officer or employee, political party chair or while a 32 candidate for statewide office, or within one year after termination of 33 such service or candidacy. The jurisdiction of the commission, when 34 acting pursuant to subdivision (d) of this section with respect to 35 financial disclosure, shall continue notwithstanding that the reporting 36 person separates from state service, or ceases to hold office as a 37 statewide elected official or political party chair, or ceases to be a 38 candidate, provided the commission notifies such person of the alleged 39 failure to file or deficient filing pursuant to this subdivision. 40 (c)(1) If the commission receives a sworn complaint alleging a 41 violation of section 73, 73-a or 74 of the public officers law, section 42 107 of the civil service law or article 1-A of the legislative law by a 43 person or entity subject to the jurisdiction of the commission, or if a 44 reporting individual has filed a statement which reveals a possible 45 violation of these provisions, or if the commission determines on its 46 own initiative to investigate a possible violation, the commission shall 47 notify the individual in writing, describe the possible or alleged 48 violation of such laws and provide the person with a fifteen day period 49 in which to submit a written response setting forth information relating 50 to the activities cited as a possible or alleged violation of law. If 51 the commission thereafter makes a determination that further inquiry is 52 justified, it shall give the individual an opportunity to be heard. The 53 commission shall also inform the individual of its rules regarding the 54 conduct of adjudicatory proceedings and appeals and the due process 55 procedural mechanisms available to such individual. If the commission 56 determines at any stage of the proceeding that there is no violation or A. 7393 11 1 that any potential conflict of interest violation has been rectified, it 2 shall so advise the individual and the complainant, if any. All of the 3 foregoing proceedings shall be confidential. 4 (2) If the commission determines that there is reasonable cause to 5 believe that a violation has occurred, it shall send a notice of reason- 6 able cause: (i) to the reporting person; (ii) to the complainant if any; 7 (iii) in the case of a statewide elected official, to the temporary 8 president of the senate and the speaker of the assembly; and (iv) in the 9 case of a state officer or employee, to the appointing authority for 10 such person. 11 (3) The jurisdiction of the commission when acting pursuant to this 12 act shall continue notwithstanding that a statewide elected official or 13 a state officer or employee separates from state service, or a political 14 party chair ceases to hold such office, or a candidate ceases to be a 15 candidate, or a lobbyist or client of a lobbyist ceases to act as such, 16 provided that the commission notifies such individual or entity of the 17 alleged violation of law pursuant to paragraph one of this subdivision 18 within one year from his or her separation from state service or his or 19 her termination of party service or candidacy, or from his, her or its 20 last report filed pursuant to article 1-A of the legislative law. Noth- 21 ing in this section shall serve to limit the jurisdiction of the commis- 22 sion in enforcement of subdivision 8 of section 73 of the public offi- 23 cers law. 24 (d) An individual subject to the jurisdiction of the commission who 25 knowingly and intentionally violates the provisions of subdivisions 2 26 through 5, 7, 8, 12 or 14 through 17 of section 73 of the public offi- 27 cers law, section 107 of the civil service law, or a reporting individ- 28 ual who knowingly and wilfully fails to file an annual statement of 29 financial disclosure or who knowingly and wilfully with intent to 30 deceive makes a false statement or fraudulent omission or gives informa- 31 tion which such individual knows to be false on such statement of finan- 32 cial disclosure filed pursuant to section 73-a of the public officers 33 law shall be subject to a civil penalty in an amount not to exceed 34 $40,000 and the value of any gift, compensation or benefit received as a 35 result of such violation. An individual who knowingly and intentionally 36 violates the provisions of paragraphs b, c, d or i of subdivision 3 of 37 section 74 of the public officers law shall be subject to a civil penal- 38 ty in an amount not to exceed $10,000 and the value of any gift, compen- 39 sation or benefit received as a result of such violation. An individual 40 who knowingly and intentionally violates the provisions of paragraphs a, 41 e or g of subdivision 3 of section 74 of the public officers law shall 42 be subject to a civil penalty in an amount not to exceed the value of 43 any gift, compensation or benefit received as a result of such 44 violation. An individual subject to the jurisdiction of the commission 45 who knowingly and wilfully violates article 1-A of the legislative law 46 shall be subject to civil penalty as provided for in that article. 47 Assessment of a civil penalty pursuant to this section shall be made by 48 the commission with respect to persons subject to its jurisdiction. In 49 assessing the amount of the civil penalties to be imposed, the commis- 50 sion shall consider the seriousness of the violation, the amount of gain 51 to the individual and whether the individual previously had any civil or 52 criminal penalties imposed pursuant to this section, and any other 53 factors the commission deems appropriate. For a violation of this subdi- 54 vision, other than for conduct which constitutes a violation of section 55 107 of the civil service law, subdivisions 12 or 14 through 17 of 56 section 73 or section 74 of the public officers law or article 1-A of A. 7393 12 1 the legislative law, the commission may, in lieu of a civil penalty, 2 refer a violation to the appropriate prosecutor and upon such 3 conviction, such violation shall be punishable as a class A misdemeanor. 4 A civil penalty for false filing may not be imposed pursuant to this 5 section in the event a category of "value" or "amount" reported pursuant 6 to this section is incorrect unless such reported information is falsely 7 understated. Notwithstanding any other provision of law to the contrary, 8 no other penalty, civil or criminal may be imposed for a failure to 9 file, or for a false filing, of such statement, or a violation of 10 section 73 of the public officers law, except that the appointing 11 authority may impose disciplinary action as otherwise provided by law. 12 The commission may refer violations of this section to the appointing 13 authority for disciplinary action as otherwise provided by law. The 14 commission shall be deemed to be an agency within the meaning of article 15 3 of the state administrative procedure act and shall adopt rules 16 governing the conduct of adjudicatory proceedings and appeals taken 17 pursuant to a proceeding commenced under article 78 of the civil prac- 18 tice law and rules relating to the assessment of the civil penalties 19 authorized by this subdivision and commission denials of requests for 20 certain deletions or exemptions to be made from a financial disclosure 21 statement as authorized by this act. Such rules, which shall not be 22 subject to the approval requirements of the state administrative proce- 23 dure act, shall provide for due process procedural mechanisms substan- 24 tially similar to those set forth in article 3 of the state administra- 25 tive procedure act but such mechanisms need not be identical in terms or 26 scope. Assessment of a civil penalty or commission denial of such a 27 request shall be final unless modified, suspended or vacated within 28 thirty days of imposition, with respect to the assessment of such penal- 29 ty, or unless such denial of request is reversed within such time peri- 30 od, and upon becoming final shall be subject to review at the instance 31 of the affected reporting individuals in a proceeding commenced against 32 the commission, pursuant to article 78 of the civil practice law and 33 rules. 34 (e) If the commission has a reasonable basis to believe that any 35 person subject to the jurisdiction of the legislative ethics commission 36 may have violated any provisions of section 73 or 74 of the public offi- 37 cers law, it may refer such violation to the legislative ethics commis- 38 sion. The referral by the commission to the legislative ethics commis- 39 sion shall include any information relating thereto coming into the 40 custody or under the control of the commission at any time prior or 41 subsequent to the time of the referral. 42 (f) A copy of any notice of delinquency or notice of reasonable cause 43 sent pursuant to subdivisions (b) and (c) of this section shall be 44 included in the reporting person's file and be available for public 45 inspection and copying. 46 S 7. Website. Within one hundred twenty days of the effective date of 47 this section, the commission shall create and thereafter maintain a 48 publicly accessible website which shall set forth the procedure for 49 filing a complaint with the commission, and which shall contain the 50 documents identified in section eight of this act, other than financial 51 disclosure statements, and any other records or information which the 52 commission determines to be appropriate. 53 S 8. Public access to records. (a) Notwithstanding the provisions of 54 article 6 of the public officers law, the only records of the commission 55 which shall be available for public inspection and copying are: A. 7393 13 1 (1) the information set forth in an annual statement of financial 2 disclosure filed pursuant to section 73-a of the public officers law 3 except the categories of value or amount, which shall remain confiden- 4 tial, and any other item of information deleted pursuant to this act; 5 (2) notices of delinquency sent under subdivision (b) of section six 6 of this act; 7 (3) notices of reasonable cause sent under paragraph two of subdivi- 8 sion (c) of section six of this act; 9 (4) notices of civil assessments imposed under this act which shall 10 include a description of the nature of the alleged wrongdoing, the 11 procedural history of the complaint, the findings and determinations 12 made by the commission, and any sanction imposed; 13 (5) the terms of any settlement or compromise of a complaint or refer- 14 ral which includes a fine, penalty or other remedy; and 15 (6) those required to be held or maintained publicly available pursu- 16 ant to article 1-A of the legislative law. 17 (b) Pending any application for deletion or exemption to the commis- 18 sion, all information which is the subject or a part of the application 19 shall remain confidential. Upon an adverse determination by the commis- 20 sion, the reporting individual may request, and upon such request the 21 commission shall provide, that any information which is the subject or 22 part of the application remain confidential for a period of thirty days 23 following notice of such determination. In the event that the reporting 24 individual resigns his or her office and holds no other office subject 25 to the jurisdiction of the commission, the information shall not be made 26 public and shall be expunged in its entirety. 27 S 9. Responsibilities of covered agencies, state officers and employ- 28 ees. (a) Every state officer or employee in a covered agency shall 29 report promptly to the commission any information concerning corruption, 30 fraud, criminal activity, conflicts of interest or abuse by another 31 state officer or employee relating to his or her office or employment, 32 or by a person having business dealings with a covered agency relating 33 to those dealings. The knowing failure of any officer or employee to so 34 report shall be cause for removal from office or employment or other 35 appropriate penalty. Any officer or employee who acts pursuant to this 36 subdivision by reporting to the commission improper governmental action 37 as defined in section 75-b of the civil service law shall not be subject 38 to dismissal, discipline or other adverse personnel action. 39 (b) The head of any covered agency shall advise the governor within 40 ninety days of the issuance of a report by the commission as to the 41 remedial action that the agency has taken in response to any recommenda- 42 tion for such action contained in such report. 43 S 10. Confidentiality. Any person conducting or participating in any 44 examination or investigation who shall disclose to any person other than 45 the commission or an officer having the power to appoint one or more of 46 the commissioners the name of any witness examined, or any information 47 obtained or given upon such examination or investigation, except as 48 directed by the commission, shall be guilty of a misdemeanor. 49 S 11. Evidence to be impounded. Upon the application of the commis- 50 sion, the executive director or a duly authorized member of its staff, 51 the supreme court or a justice thereof may impound any exhibit marked in 52 evidence in any public or private hearing held in connection with an 53 investigation conducted by the commission, and may order such exhibit to 54 be retained by, or delivered to and placed in the custody of, the 55 commission. When so impounded such exhibit shall not be taken from the 56 custody of the commission, except upon further order of the court or a A. 7393 14 1 justice thereof made upon five days' notice to the commission or upon 2 its application or with its consent. 3 S 12. Immunity from prosecution. In any investigation or hearing 4 conducted by the commission pursuant to this act, relating to any crime 5 or offense with respect to which, by express provision of statute, a 6 competent authority is authorized to confer immunity; the commission may 7 confer immunity in accordance with the provisions of section 50.20 of 8 the criminal procedure law, but only after affording the attorney gener- 9 al and the appropriate district attorney the opportunity to be heard in 10 respect to any objections which they may have to the granting of such 11 immunity. 12 S 13. Transfer of functions, powers and duties. All functions, powers, 13 duties and obligations of the former commission on public integrity and 14 the former office of the state inspector general are hereby trans- 15 ferred to the commission. 16 S 14. Transfer of employees. (a) Upon transfer of the functions of the 17 former commission on public integrity and the former office of the state 18 inspector general to the commission, provisions shall be made for the 19 transfer to the commission of those employees of such former agencies 20 who were engaged in carrying out the functions transferred by this act 21 in accordance with section 70 of the civil service law or, where not 22 subject to the civil service law, the provisions of such section 70 23 shall be deemed applicable, except where the context clearly requires 24 otherwise. Any such employee who, at the time of such transfer, has a 25 temporary or provisional appointment shall be transferred subject to the 26 same right of removal, examination or termination as though such trans- 27 fer had not been made except to the extent such rights are modified by a 28 collective bargaining agreement. Employees holding permanent appoint- 29 ments in competitive class positions who are not transferred pursuant to 30 this section shall have their names entered upon an appropriate 31 preferred list for reinstatement pursuant to the civil service law. 32 (b) A transferred employee shall remain in the same collective 33 bargaining unit as was the case prior to his or her transfer; successor 34 employees to the positions held by such transferred employees shall, 35 consistent with the provisions of article 14 of the civil service law, 36 be included in the same unit as their predecessors. Employees other than 37 management or confidential persons (as defined in article 14 of the 38 civil service law), serving positions in newly created titles shall be 39 assigned to the appropriate bargaining unit. Nothing contained in this 40 section shall be construed to affect: 41 (1) the rights of employees pursuant to a collective bargaining agree- 42 ment; 43 (2) the representational relationships among employee organizations or 44 the bargaining relationships between the state and an employee organiza- 45 tion; or 46 (3) existing law with respect to an application to the public employ- 47 ment relations board, provided, however, that the merger of such negoti- 48 ating units of employees shall be effected only with the consent of the 49 recognized and certified representative of such units and of the depart- 50 ment of law. 51 S 15. Transfer of records. All books, papers and property of the 52 former commission on public integrity and the former office of the state 53 inspector general are to be delivered to the commission at such place 54 and time, and in such manner as the commission shall require. 55 S 16. Continuity of authority. For the purpose of succession to all 56 functions, powers, duties and obligations of the former commission on A. 7393 15 1 public integrity and the former office of the state inspector general 2 transferred to and assumed by the commission, such commission shall 3 continue the operation thereof as if performed by such former agencies. 4 S 17. Completion of unfinished business. Any business or other matter 5 undertaken or commenced by the former commission on public integrity and 6 the former office of the state inspector general pertaining to or 7 connected with the functions, powers, duties and obligations transferred 8 and assigned to the commission and pending on the effective date of this 9 section shall be conducted and completed by the commission in the same 10 manner and under the same terms and conditions and with the same effect 11 as if conducted and completed by such former agencies. 12 S 18. Continuation of rules and regulations. All rules, regulations, 13 acts, orders, determinations and decisions of the former commission on 14 public integrity and the former office of the state inspector general in 15 force at the time of such transfer and assumption, shall continue in 16 force and effect as rules, regulations, acts, orders, determinations and 17 decisions of the commission until duly modified or abrogated. 18 S 19. Terms occurring in laws, contracts and other documents. Whenever 19 the former commission on public integrity or the former office of the 20 state inspector general is referred to or designated in any law, 21 contract or document pertaining to the functions, powers, obligations 22 and duties transferred and assigned pursuant to this act, such reference 23 or designation shall be deemed to refer to the commission. 24 S 20. Existing rights and remedies preserved. No existing right or 25 remedy of any character shall be lost, impaired or affected by reason of 26 any transfer or assignment pursuant to this act. 27 S 21. Pending actions or proceedings. No action or proceeding pending 28 upon the effective date of this section relating to the functions, 29 powers and duties of the former commission on public integrity and the 30 former office of the state inspector general transferred to the commis- 31 sion, brought by or against any such former agency, shall be affected by 32 any provision of this act, but the same may be prosecuted or defended in 33 the name of the commission. In all such actions and proceedings, the 34 commission, upon application to the court, shall be substituted as a 35 party. 36 S 22. Transfer of appropriations heretofore made. Subject to the 37 approval of the director of the division of the budget, all appropri- 38 ations and reappropriations heretofore made to the former commission on 39 public integrity and the former office of the state inspector general 40 for the purposes and functions transferred pursuant to this act to the 41 commission, to the extent of remaining unexpended or unencumbered 42 balance thereof, whether allocated or unallocated, and whether obligated 43 or unobligated, are hereby transferred to and made available for use and 44 expenditure by the commission for the same purposes for which originally 45 appropriated or reappropriated and shall be payable on vouchers certi- 46 fied or approved by the executive director on audit and warrant of the 47 comptroller. Payments for liabilities for expenses of personal services, 48 maintenance and operation heretofore incurred by and for liabilities 49 incurred and to be incurred in completing the affairs of the former 50 commission on public integrity and the former office of the state 51 inspector general with respect to the powers, duties and functions 52 transferred in this act, shall also be made on vouchers or certificates 53 approved by the executive director on audit and warrant of the comp- 54 troller. 55 S 23. Transfer of assets and liabilities. All assets and liabilities 56 of the former commission on public integrity and the former office of A. 7393 16 1 the state inspector general are hereby transferred to and assumed by the 2 commission. 3 S 24. Actions of the commission. The commission is hereby directed to 4 immediately take any and all actions necessary to enable it to assume 5 all powers, duties and functions of the former commission on public 6 integrity, the former office of the state inspector general and the 7 former temporary state commission of investigation within ninety days of 8 the effective date of this act. 9 S 25. Subdivision 5 of section 107 of the civil service law, as 10 amended by chapter 14 of the laws of 2007, is amended to read as 11 follows: 12 5. Violation of this section. Complaints alleging a violation of this 13 section by a statewide elected official or a state officer or employee, 14 as defined in section seventy-three of the public officers law, may be 15 directed to the commission on [public integrity] OFFICIAL CONDUCT. 16 S 26. Section 94 of the executive law is REPEALED. 17 S 27. Subdivision (f) of section 1-c of the legislative law, as 18 amended by chapter 14 of the laws of 2007, is amended to read as 19 follows: 20 (f) The term "commission" shall mean the commission on [public integ- 21 rity created by section ninety-four of the executive law] OFFICIAL 22 CONDUCT. 23 S 28. Subdivision 3 of section 212 of the racing, pari-mutuel wagering 24 and breeding law, as amended by chapter 18 of the laws of 2008, is 25 amended to read as follows: 26 3. Such members, except as otherwise provided by law, may engage in 27 private or public employment, or in a profession or business. The board, 28 its members, officers and employees shall be subject to the provisions 29 of sections seventy-three and seventy-four of the public officers law. 30 No former trustee or officer of a non-profit racing association known as 31 The New York Racing Association, Inc. or its predecessor, no current 32 director or officer of a franchised corporation or any individual regis- 33 tered with the [New York] commission on [public integrity] OFFICIAL 34 CONDUCT shall be appointed as members to the board nor shall any member 35 of the board have any direct or indirect interest in any racehorse, 36 thoroughbred racing or pari-mutuel wagering business, video lottery 37 terminal facility or any development at any racing facility. 38 S 29. Article 4-A of the executive law is REPEALED. 39 S 30. Subdivision 3 of section 63 of the executive law, as amended by 40 chapter 155 of the laws of 2012, is amended to read as follows: 41 3. Upon request of the governor, comptroller, secretary of state, 42 commissioner of transportation, superintendent of financial services, 43 commissioner of taxation and finance, commissioner of motor vehicles, or 44 the [state inspector general] COMMISSION ON OFFICIAL CONDUCT, or the 45 head of any other department, authority, division or agency of the 46 state, investigate the alleged commission of any indictable offense or 47 offenses in violation of the law which the officer making the request is 48 especially required to execute or in relation to any matters connected 49 with such department, and to prosecute the person or persons believed to 50 have committed the same and any crime or offense arising out of such 51 investigation or prosecution or both, including but not limited to 52 appearing before and presenting all such matters to a grand jury. 53 S 31. Section 2350-dd of the public authorities law, as added by chap- 54 ter 762 of the laws of 2005, is amended to read as follows: A. 7393 17 1 S 2350-dd. Jurisdiction of [state inspector general] COMMISSION ON 2 OFFICIAL CONDUCT. The agency is subject to the jurisdiction of the 3 [office of the state inspector general] COMMISSION ON OFFICIAL CONDUCT. 4 S 32. Subdivision 3 of section 2.10 of the criminal procedure law, as 5 added by chapter 843 of the laws of 1980, is amended to read as follows: 6 3. [Investigators] THE EXECUTIVE DIRECTOR AND INVESTIGATORS of the 7 [office of the state] commission [of investigation] ON OFFICIAL CONDUCT. 8 S 33. Subdivision 68 of section 2.10 of the criminal procedure law, as 9 added by chapter 168 of the laws of 2000, is REPEALED. 10 S 34. Subdivision 3 of section 70-a of the executive law, as added by 11 chapter 1003 of the laws of 1970, is amended to read as follows: 12 3. The deputy attorney general in charge of the organized crime task 13 force may request and shall receive from the division of state police, 14 the state department of taxation and finance, the state department of 15 labor, the [temporary state] commission [of investigation] ON OFFICIAL 16 CONDUCT, and from every department, division, board, bureau, commission 17 or other agency of the state, or of any political subdivision thereof, 18 cooperation and assistance in the performance of his duties. Such deputy 19 attorney general may provide technical and other assistance to any 20 district attorney or other local law enforcement official requesting 21 such assistance in the investigation or prosecution of organized crime 22 cases. 23 S 35. Subdivision 9 of section 835 of the executive law, as separately 24 amended by chapters 14 and 155 of the laws of 2012, is amended to read 25 as follows: 26 9. "Qualified agencies" means courts in the unified court system, the 27 administrative board of the judicial conference, probation departments, 28 sheriffs' offices, district attorneys' offices, the state department of 29 corrections and community supervision, the department of correction of 30 any municipality, the financial frauds and consumer protection unit of 31 the state department of financial services, the office of professional 32 medical conduct of the state department of health for the purposes of 33 section two hundred thirty of the public health law, the child protec- 34 tive services unit of a local social services district when conducting 35 an investigation pursuant to subdivision six of section four hundred 36 twenty-four of the social services law, the office of Medicaid inspector 37 general, the [temporary state] commission [of investigation] ON OFFICIAL 38 CONDUCT, police forces and departments having responsibility for 39 enforcement of the general criminal laws of the state, the Onondaga 40 County Center for Forensic Sciences Laboratory when acting within the 41 scope of its law enforcement duties and the division of forensic 42 services of the Nassau county medical examiner's office when acting 43 within the scope of its law enforcement duties. 44 S 36. Subdivision 8 of section 92 of the public officers law, as 45 amended by section 135 of subpart B of part C of chapter 62 of the laws 46 of 2011, is amended to read as follows: 47 (8) Public safety agency record. The term "public safety agency 48 record" means a record of the state commission of correction, the 49 [temporary state] commission [of investigation] ON OFFICIAL CONDUCT, the 50 department of corrections and community supervision, the office of chil- 51 dren and family services, the office of victim services, the office of 52 probation and correctional alternatives or the division of state police 53 or of any agency or component thereof whose primary function is the 54 enforcement of civil or criminal statutes if such record pertains to 55 investigation, law enforcement, confinement of persons in correctional 56 facilities or supervision of persons pursuant to criminal conviction or A. 7393 18 1 court order, and any records maintained by the division of criminal 2 justice services pursuant to sections eight hundred thirty-seven, eight 3 hundred thirty-seven-a, eight hundred thirty-seven-b, eight hundred 4 thirty-seven-c, eight hundred thirty-eight, eight hundred thirty-nine, 5 and eight hundred forty-five of the executive law and by the department 6 of state pursuant to section ninety-nine of the executive law. 7 S 37. Chapter 989 of the laws of 1958, creating a temporary state 8 commission of investigation, is REPEALED. 9 S 38. Paragraph (b) of subdivision 9 of section 80 of the legislative 10 law, as added by section 9 of part A of chapter 399 of the laws of 2011, 11 is amended to read as follows: 12 (b) Not later than forty-five calendar days after receipt from the 13 [joint] commission on [public ethics] OFFICIAL CONDUCT of a written 14 substantial basis investigation report and any supporting documentation 15 or other materials regarding a matter before the commission [pursuant to 16 subdivision fourteen-a of section ninety-four of the executive law], 17 unless requested by a law enforcement agency to suspend the commission's 18 action because of an ongoing criminal investigation, the legislative 19 ethics commission shall make public such report in its entirety; 20 provided, however, that the commission may withhold such information for 21 not more than one additional period of the same duration or refer the 22 matter back to the [joint] commission on [public ethics] OFFICIAL 23 CONDUCT once for additional investigation, in which case the legislative 24 ethics commission shall, upon the termination of such additional period 25 or upon receipt of a new report by the [joint] commission on [public 26 ethics] OFFICIAL CONDUCT after such additional investigation, make 27 public the written report and publish it on the commission's website. If 28 the legislative ethics commission fails to make public the written 29 report received from the [joint] commission in accordance with this 30 paragraph, the [joint] commission shall release such report publicly 31 promptly and in any event no later than ten days after the legislative 32 ethics commission is required to release such report. The legislative 33 ethics commission shall not refer the matter back to the [joint] commis- 34 sion on [public ethics] OFFICIAL CONDUCT for additional investigation 35 more than once. If the commission refers the matter back to the [joint] 36 commission for additional fact-finding, the [joint] commission's 37 original report shall remain confidential. 38 S 39. Subparagraph 1 of paragraph a of subdivision 12 of section 80 of 39 the legislative law, as amended by section 9 of part A of chapter 399 of 40 the laws of 2011, is amended to read as follows: 41 (1) the terms of any settlement or compromise of a complaint or refer- 42 ral or report which includes a fine, penalty or other remedy reached 43 after the commission has received a report from the [joint] commission 44 on [public ethics pursuant to subdivision fourteen-a of section ninety- 45 four of the executive law] OFFICIAL CONDUCT; 46 S 40. Subparagraphs (ii) and (iii) of paragraph (c) and paragraph 47 (d-1) of subdivision 1 of section 73-a of the public officers law, 48 subparagraphs (ii) and (iii) of paragraph (c) as amended and paragraph 49 (d-1) as added by section 5 of part A of chapter 399 of the laws of 50 2011, are amended to read as follows: 51 (ii) officers and employees of statewide elected officials, officers 52 and employees of state departments, boards, bureaus, divisions, commis- 53 sions, councils or other state agencies, who receive annual compensation 54 in excess of the filing rate established by paragraph (l) of this subdi- 55 vision or who hold policy-making positions, as annually determined by 56 the appointing authority and set forth in a written instrument which A. 7393 19 1 shall be filed with the [joint] commission on [public ethics established 2 by section ninety-four of the executive law] OFFICIAL CONDUCT during the 3 month of February, provided, however, that the appointing authority 4 shall amend such written instrument after such date within thirty days 5 after the undertaking of policy-making responsibilities by a new employ- 6 ee or any other employee whose name did not appear on the most recent 7 written instrument; and 8 (iii) members or directors of public authorities, other than multi- 9 state authorities, public benefit corporations and commissions at least 10 one of whose members is appointed by the governor, and employees of such 11 authorities, corporations and commissions who receive annual compen- 12 sation in excess of the filing rate established by paragraph (l) of this 13 subdivision or who hold policy-making positions, as determined annually 14 by the appointing authority and set forth in a written instrument which 15 shall be filed with the [joint] commission on [public ethics established 16 by section ninety-four of the executive law] OFFICIAL CONDUCT during the 17 month of February, provided, however, that the appointing authority 18 shall amend such written instrument after such date within thirty days 19 after the undertaking of policy-making responsibilities by a new employ- 20 ee or any other employee whose name did not appear on the most recent 21 written instrument. 22 (d-1) A financial disclosure statement required pursuant to section 23 seventy-three of this article and this section shall be deemed "filed" 24 with the [joint] commission on [public ethics] OFFICIAL CONDUCT upon its 25 filing, in accordance with this section, with the legislative ethics 26 commission for all purposes including, but not limited to, [subdivision 27 fourteen of section ninety-four of the executive law,] subdivision nine 28 of section eighty of the legislative law and subdivision four of this 29 section. 30 S 41. Subparagraph (ii) of paragraph (a) and paragraph (c) of subdivi- 31 sion 2 of section 73-a of the public officers law, as amended by section 32 5 of part A of chapter 399 of the laws of 2011, are amended to read as 33 follows: 34 (ii) a person who is required to file an annual financial disclosure 35 statement with the [joint] commission on [public ethics] OFFICIAL 36 CONDUCT, and who is granted an additional period of time within which to 37 file such statement due to justifiable cause or undue hardship[, in 38 accordance with required rules and regulations on the subject adopted 39 pursuant to paragraph c of subdivision nine of section ninety-four of 40 the executive law] shall file such statement within the additional peri- 41 od of time granted; and the legislative ethics commission shall notify 42 the [joint] commission on [public ethics] OFFICIAL CONDUCT of any exten- 43 sion granted pursuant to this paragraph; 44 (c) If the reporting individual is a senator or member of assembly, 45 candidate for the senate or member of assembly or a legislative employ- 46 ee, such statement shall be filed with both the legislative ethics 47 commission established by section eighty of the legislative law and the 48 [joint] commission on [public ethics] OFFICIAL CONDUCT in accordance 49 with paragraph (d-1) of subdivision one of this section. If the report- 50 ing individual is a statewide elected official, candidate for statewide 51 elected office, a state officer or employee or a political party chair- 52 man, such statement shall be filed with the [joint] commission on 53 [public ethics established by section ninety-four of the executive law] 54 OFFICIAL CONDUCT. A. 7393 20 1 S 42. Paragraph 8 of subdivision 3 and subdivision 4 of section 73-a 2 of the public officers law, as amended by section 5 of part A of chapter 3 399 of the laws of 2011, are amended to read as follows: 4 8. (a) If the reporting individual practices law, is licensed by the 5 department of state as a real estate broker or agent or practices a 6 profession licensed by the department of education, or works as a member 7 or employee of a firm required to register pursuant to section one-e of 8 the legislative law as a lobbyist, give a general description of the 9 principal subject areas of matters undertaken by such individual. Addi- 10 tionally, if such an individual practices with a firm or corporation and 11 is a partner or shareholder of the firm or corporation, give a general 12 description of principal subject areas of matters undertaken by such 13 firm or corporation. 14 ____________________________________________________________________ 15 ____________________________________________________________________ 16 ____________________________________________________________________ 17 ____________________________________________________________________ 18 ____________________________________________________________________ 19 (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE 20 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS 21 FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT 22 ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE: 23 If the reporting individual personally provides services to any person 24 or entity, or works as a member or employee of a partnership or corpo- 25 ration that provides such services (referred to hereinafter as a 26 "firm"), then identify each client or customer to whom the reporting 27 individual personally provided services, or who was referred to the firm 28 by the reporting individual, and from whom the reporting individual or 29 his or her firm earned fees in excess of $10,000 during the reporting 30 period for such services rendered in direct connection with: 31 (i) A proposed bill or resolution in the senate or assembly during the 32 reporting period; 33 (ii) A contract in an amount totaling $50,000 or more from the state 34 or any state agency for services, materials, or property; 35 (iii) A grant of $25,000 or more from the state or any state agency 36 during the reporting period; 37 (iv) A grant obtained through a legislative initiative during the 38 reporting period; or 39 (v) A case, proceeding, application or other matter that is not a 40 ministerial matter before a state agency during the reporting period. 41 For purposes of this question, "referred to the firm" shall mean: 42 having intentionally and knowingly taken a specific act or series of 43 acts to intentionally procure for the reporting individual's firm or 44 knowingly solicit or direct to the reporting individual's firm in whole 45 or substantial part, a person or entity that becomes a client of that 46 firm for the purposes of representation for a matter as defined in 47 subparagraphs (i) through (v) of this paragraph, as the result of such 48 procurement, solicitation or direction of the reporting individual. A 49 reporting individual need not disclose activities performed while 50 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi- 51 sion seven of section seventy-three of this article. 52 The disclosure requirement in this question shall not require disclo- 53 sure of clients or customers receiving medical or dental services, 54 mental health services, residential real estate brokering services, or A. 7393 21 1 insurance brokering services from the reporting individual or his or her 2 firm. The reporting individual need not identify any client to whom he 3 or she or his or her firm provided legal representation with respect to 4 investigation or prosecution by law enforcement authorities, bankruptcy, 5 or domestic relations matters. With respect to clients represented in 6 other matters, where disclosure of a client's identity is likely to 7 cause harm, the reporting individual shall request an exemption from the 8 [joint] commission [pursuant to paragraph (i) of subdivision nine of 9 section ninety-four of the executive law] ON OFFICIAL CONDUCT. Only a 10 reporting individual who first enters public office after July first, 11 two thousand twelve, need not report clients or customers with respect 12 to matters for which the reporting individual or his or her firm was 13 retained prior to entering public office. 14 Client Nature of Services Provided 15 ________________________________________________________________________ 16 ________________________________________________________________________ 17 ________________________________________________________________________ 18 ________________________________________________________________________ 19 ________________________________________________________________________ 20 (c) List the name, principal address and general description or the 21 nature of the business activity of any entity in which the reporting 22 individual or such individual's spouse had an investment in excess of 23 $1,000 excluding investments in securities and interests in real proper- 24 ty. 25 ____________________________________________________________________ 26 ____________________________________________________________________ 27 ____________________________________________________________________ 28 ____________________________________________________________________ 29 ____________________________________________________________________ 30 4. A reporting individual who knowingly and wilfully fails to file an 31 annual statement of financial disclosure or who knowingly and wilfully 32 with intent to deceive makes a false statement or gives information 33 which such individual knows to be false on such statement of financial 34 disclosure filed pursuant to this section shall be subject to a civil 35 penalty in an amount not to exceed forty thousand dollars. Assessment of 36 a civil penalty hereunder shall be made by the [joint] commission on 37 [public ethics] OFFICIAL CONDUCT or by the legislative ethics commis- 38 sion, as the case may be, with respect to persons subject to their 39 respective jurisdictions. The [joint] commission on [public ethics 40 acting pursuant to subdivision fourteen of section ninety-four of the 41 executive law] OFFICIAL CONDUCT or the legislative ethics commission 42 acting pursuant to subdivision eleven of section eighty of the legisla- 43 tive law, as the case may be, may, in lieu of or in addition to a civil 44 penalty, refer a violation to the appropriate prosecutor and upon such 45 conviction, but only after such referral, such violation shall be 46 punishable as a class A misdemeanor. A civil penalty for false filing 47 may not be imposed hereunder in the event a category of "value" or 48 "amount" reported hereunder is incorrect unless such reported informa- 49 tion is falsely understated. Notwithstanding any other provision of law 50 to the contrary, no other penalty, civil or criminal may be imposed for 51 a failure to file, or for a false filing, of such statement, except that 52 the appointing authority may impose disciplinary action as otherwise 53 provided by law. The [joint] commission on [public ethics] OFFICIAL A. 7393 22 1 CONDUCT and the legislative ethics commission shall each be deemed to be 2 an agency within the meaning of article three of the state administra- 3 tive procedure act and shall adopt rules governing the conduct of adju- 4 dicatory proceedings and appeals relating to the assessment of the civil 5 penalties herein authorized. Such rules, which shall not be subject to 6 the approval requirements of the state administrative procedure act, 7 shall provide for due process procedural mechanisms substantially simi- 8 lar to those set forth in such article three but such mechanisms need 9 not be identical in terms or scope. Assessment of a civil penalty shall 10 be final unless modified, suspended or vacated within thirty days of 11 imposition and upon becoming final shall be subject to review at the 12 instance of the affected reporting individual in a proceeding commenced 13 against the [joint] commission on [public ethics] OFFICIAL CONDUCT or 14 the legislative ethics commission, pursuant to article seventy-eight of 15 the civil practice law and rules. 16 S 43. The opening paragraph of section 1-d of the legislative law, as 17 amended by chapter 14 of the laws of 2007, is amended to read as 18 follows: 19 In addition to any other powers and duties [provided by section nine- 20 ty-four of the executive law,] the commission shall, with respect to its 21 lobbying-related functions only, have the power and duty to: 22 S 44. Subdivision 3 of section 2986 of the public authorities law, as 23 added by chapter 506 of the laws of 2009, is amended to read as follows: 24 3. Any communications between an employee and the authorities budget 25 office pursuant to this section shall be held strictly confidential by 26 the authorities budget office, unless the employee specifically waives 27 in writing the right to confidentiality, except that such confidentiali- 28 ty shall not exempt the authorities budget office from disclosing such 29 information, where appropriate, to the COMMISSION ON OFFICIAL CONDUCT 30 [state inspector general in accordance with section fifty-five of the 31 executive law,] or prevent disclosure to any law enforcement authority. 32 S 45. This act shall take effect on the first of January next succeed- 33 ing the date on which it shall have become a law, provided that sections 34 six through twenty-three and sections twenty-five through thirty-seven 35 of this act shall take effect on the first of April next succeeding the 36 date on which it shall have become a law. 37 PART F 38 Section 1. The election law is amended by adding a new section 14-131 39 to read as follows: 40 S 14-131. CONTRIBUTION FUNDS; FORFEITURE AFTER CRIMINAL CONVICTION. 1. 41 ALL CONTRIBUTIONS RECEIVED BY AN ELECTED CANDIDATE FOR PUBLIC OFFICE OR 42 AN ELECTED OFFICIAL, WHO IS CHARGED WITH A FELONY WHERE SUCH FELONY WAS 43 DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFICIAL, OR OFFI- 44 CER OF THE STATE OR OF A CIVIL DIVISION THEREOF, SHALL BE SUBJECT TO 45 IMMEDIATE AUDIT AND ANY UNSPENT CONTRIBUTIONS SHALL BE SUBJECT TO 46 FORFEITURE PROCEEDINGS UPON CONVICTION OR RESIGNATION OF SUCH ELECTED 47 CANDIDATE. 48 2. THE ATTORNEY GENERAL, OR DISTRICT ATTORNEY OF THE COUNTY WHEREIN 49 THE ELECTION OCCURRED, SHALL HAVE STANDING TO INITIATE A FORFEITURE 50 PROCEEDING BROUGHT PURSUANT TO ARTICLE SIXTEEN OF THIS CHAPTER. TO THE 51 EXTENT POSSIBLE, THIS SPECIAL PROCEEDING SHALL BE GOVERNED BY THE PROCE- 52 DURES OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES SHALL 53 GOVERN THE PROCEEDINGS AND ACTIONS UNDER THIS SECTION. A. 7393 23 1 3. THE COMPTROLLER SHALL RECEIVE ANY FORFEITED UNSPENT CONTRIBUTIONS 2 AND, TO THE EXTENT PRACTICABLE, RETURN SUCH FUNDS TO THE PRIVATE SOURCE 3 OF SUCH FUNDS, AS LONG AS THE PRIVATE SOURCE OF SUCH FUNDS IS LOCATED 4 WITHIN THE DISTRICT THAT IS REPRESENTED BY THE ELECTED CANDIDATE FOR 5 PUBLIC OFFICE OR ELECTED OFFICIAL OR STATEWIDE FOR GOVERNOR, COMP- 6 TROLLER, AND ATTORNEY GENERAL. IF THE COMPTROLLER FAILS TO LOCATE THE 7 PRIVATE SOURCE OF SUCH FUNDS, OR IF THE PRIVATE SOURCE OF SUCH FUNDS 8 RESIDES OUTSIDE OF THE ELECTION DISTRICT THAT IS REPRESENTED BY THE 9 ELECTED CANDIDATE FOR PUBLIC OFFICE OR ELECTED OFFICIAL OR STATEWIDE FOR 10 GOVERNOR, COMPTROLLER, AND ATTORNEY GENERAL, THE UNSPENT CONTRIBUTIONS 11 SHALL BE DONATED TO A CHARITABLE ORGANIZATION THAT IS, TO THE EXTENT 12 PRACTICABLE, LOCATED IN THE ELECTION DISTRICT THAT IS REPRESENTED BY THE 13 ELECTED CANDIDATE FOR PUBLIC OFFICE OR ELECTED OFFICIAL OR STATEWIDE FOR 14 GOVERNOR, COMPTROLLER, AND ATTORNEY GENERAL. ANY FORFEITED UNSPENT 15 CONTRIBUTIONS SHALL BE RETURNED TO THE PRIVATE SOURCE OF SUCH FUNDS, OR 16 DONATED TO A CHARITABLE ORGANIZATION, WITHIN ONE HUNDRED EIGHTY DAYS OF 17 THE RECEIPT OF SUCH FUNDS BY THE COMPTROLLER. 18 4. FOR THE PURPOSES OF THIS SECTION, "CHARITABLE ORGANIZATION" SHALL 19 MEAN ANY NON-PROFIT CORPORATION ORGANIZED FOR BONA FIDE CHARITABLE OR 20 PHILANTHROPIC PURPOSES. 21 5. THE COMPTROLLER SHALL PROVIDE THE GOVERNOR AND THE LEGISLATURE WITH 22 A LIST OF CHARITABLE ORGANIZATIONS THAT ARE ELIGIBLE TO RECEIVE 23 DONATIONS PURSUANT TO THIS SECTION. CHARITABLE ORGANIZATIONS ON SUCH 24 LIST MAY BE DEEMED INELIGIBLE TO RECEIVE DONATIONS PURSUANT TO THIS 25 SECTION BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE 26 SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE OR THE MINOR- 27 ITY LEADER OF THE ASSEMBLY. 28 S 2. The election law is amended by adding a new section 16-111 to 29 read as follows: 30 S 16-111. PROCEEDINGS AS TO FORFEITURE OF FUNDS. THE ATTORNEY GENERAL 31 OR THE DISTRICT ATTORNEY MAY BRING A SPECIAL PROCEEDING SEEKING TO SEIZE 32 AND CAUSE TO BE FORFEITED THE FUNDS OF A DESIGNATED CAMPAIGN ACCOUNT AS 33 OUTLINED IN SECTION 14-131 OF THIS CHAPTER. UPON A SHOWING OF INDICTMENT 34 OR CRIMINAL ARRAIGNMENT, AN ACTION MAY BE INSTITUTED PURSUANT TO THIS 35 SECTION WHICH WILL ALLOW FOR THE FREEZING OF SAID DESIGNATED CAMPAIGN 36 ACCOUNT. 37 S 3. This act shall take effect immediately. 38 PART G 39 Section 1. Subdivision 1 of section 80.00 of the penal law, as amended 40 by chapter 338 of the laws of 1989, is amended to read as follows: 41 1. A sentence to pay a fine for a felony shall be a sentence to pay an 42 amount, fixed by the court, not exceeding the higher of 43 a. five thousand dollars; or 44 b. double the amount of the defendant's gain from the commission of 45 the crime; or 46 c. if the conviction is for any felony defined in article two hundred 47 twenty or two hundred twenty-one of this chapter, according to the 48 following schedule: 49 (i) for A-I felonies, one hundred thousand dollars; 50 (ii) for A-II felonies, fifty thousand dollars; 51 (iii) for B felonies, thirty thousand dollars; 52 (iv) for C felonies, fifteen thousand dollars. When imposing a fine 53 pursuant to the provisions of this paragraph, the court shall consider 54 the profit gained by defendant's conduct, whether the amount of the fine A. 7393 24 1 is disproportionate to the conduct in which defendant engaged, its 2 impact on any victims, and defendant's economic circumstances, including 3 the defendant's ability to pay, the effect of the fine upon his or her 4 immediate family or any other persons to whom the defendant owes an 5 obligation of support[.]; OR 6 D. FOR AN ABUSE OF PUBLIC TRUST CRIME, AS DEFINED IN SECTION 196.00 OF 7 THIS CHAPTER, OR ANY OFFENSE FOR WHICH THE OFFENDER'S STATUS AS A PUBLIC 8 SERVANT CONSTITUTES AN ELEMENT OF THE OFFENSE AS ENUMERATED IN PARAGRAPH 9 (B) OF SUBDIVISION ONE OF SECTION 196.00 OF THIS CHAPTER, THE COURT, IN 10 ADDITION TO ANY OTHER PENALTY WHICH MAY BE IMPOSED PURSUANT TO LAW, 11 SHALL IMPOSE A FINE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A OR 12 B OF THIS SUBDIVISION, WHICHEVER IS GREATER. 13 S 2. Section 195.00 of the penal law, as amended by chapter 906 of the 14 laws of 1990, is amended to read as follows: 15 S 195.00 Official misconduct IN THE THIRD DEGREE. 16 A public servant is guilty of official misconduct IN THE THIRD DEGREE 17 when, with intent to obtain a benefit or deprive another person of a 18 benefit: 19 1. He OR SHE commits an act relating to his OR HER office but consti- 20 tuting an unauthorized exercise of his OR HER official functions, know- 21 ing that such act is unauthorized; or 22 2. He OR SHE knowingly refrains from performing a duty which is 23 imposed upon him OR HER by law or is clearly inherent in the nature of 24 his OR HER office. 25 Official misconduct IN THE THIRD DEGREE is a class [A misdemeanor] E 26 FELONY. 27 S 3. The penal law is amended by adding two new sections 195.01 and 28 195.02 to read as follows: 29 S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE. 30 A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE 31 WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD 32 DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A 33 BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS. 34 OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY. 35 S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE. 36 A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE 37 WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD 38 DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A 39 BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS. 40 OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY. 41 S 4. The penal law is amended by adding a new article 196 to read as 42 follows: 43 ARTICLE 196 44 ABUSE OF PUBLIC TRUST 45 SECTION 196.00 ABUSE OF PUBLIC TRUST CRIME. 46 S 196.00 ABUSE OF PUBLIC TRUST CRIME. 47 1. A PERSON COMMITS AN ABUSE OF PUBLIC TRUST CRIME WHEN HE OR SHE 48 COMMITS A FELONY OFFENSE AND EITHER: 49 (A) INTENTIONALLY USES HIS OR HER POSITION AS A PUBLIC SERVANT IN A 50 MANNER THAT SIGNIFICANTLY FACILITATES THE COMMISSION OR CONCEALMENT OF 51 THE OFFENSE; OR 52 (B) ATTEMPTS, CONSPIRES OR SOLICITS ANOTHER TO COMMIT ANY FELONY, AND 53 IN SUCH ATTEMPT, CONSPIRACY OR SOLICITATION INTENTIONALLY USES HIS OR 54 HER POSITION AS A PUBLIC SERVANT TO SIGNIFICANTLY FACILITATE THE COMMIS- 55 SION OR CONCEALMENT OF THE OFFENSE. A. 7393 25 1 2. WHEN A PERSON IS CONVICTED OF AN ABUSE OF TRUST CRIME PURSUANT TO 2 SUBDIVISION ONE OF THIS SECTION AND THE SPECIFIED OFFENSE IS A CLASS C, 3 D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN 4 THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED, OR ONE CATEGORY HIGHER 5 THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN 6 ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLI- 7 CABLE. 8 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS 9 CONVICTED OF A CRIME PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE 10 SPECIFIED OFFENSE IS A CLASS B FELONY: 11 (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST 12 SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF 13 THIS CHAPTER; 14 (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS 15 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER; 16 (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS 17 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER; 18 (D) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST 19 FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF 20 THIS CHAPTER; AND 21 (E) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE 22 DETERMINATE SENTENCE MUST BE AT LEAST TEN YEARS IF THE DEFENDANT IS 23 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER. 24 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS 25 CONVICTED OF A CRIME PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE 26 SPECIFIED OFFENSE IS A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDE- 27 TERMINATE SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS. 28 S 5. Subdivision 4 of section 200.50 of the criminal procedure law, as 29 amended by chapter 7 of the laws of 2007, is amended to read as follows: 30 4. A statement in each count that the grand jury, or, where the accu- 31 satory instrument is a superior court information, the district attor- 32 ney, accuses the defendant or defendants of a designated offense, 33 provided that in any prosecution under article four hundred eighty-five 34 of the penal law, the designated offense shall be the specified offense, 35 as defined in subdivision three of section 485.05 of the penal law, 36 followed by the phrase "as a hate crime", and provided further that in 37 any prosecution under section 490.25 of the penal law, the designated 38 offense shall be the specified offense, as defined in subdivision three 39 of section 490.05 of the penal law, followed by the phrase "as a crime 40 of terrorism"; and provided further that in any prosecution under 41 section 130.91 of the penal law, the designated offense shall be the 42 specified offense, as defined in subdivision two of section 130.91 of 43 the penal law, followed by the phrase "as a sexually motivated felony"; 44 AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER ARTICLE ONE HUNDRED 45 NINETY-SIX OF THE PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE DESIG- 46 NATED FELONY OFFENSE, AS DEFINED IN SUBDIVISION TWO OF SECTION 196.00 OF 47 THE PENAL LAW, FOLLOWED BY THE PHRASE "AS AN ABUSE OF PUBLIC TRUST 48 CRIME"; and 49 S 6. Subdivision 7 of section 200.50 of the criminal procedure law is 50 amended by adding a new paragraph (f) to read as follows: 51 (F) IN THE CASE OF AN ABUSE OF PUBLIC TRUST CRIME, AS DEFINED IN 52 SECTION 196.00 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE, THAT THE 53 DEFENDANT OR DEFENDANTS COMMITTED, OR ATTEMPTED, CONSPIRED OR SOLICITED 54 ANOTHER TO COMMIT, A FELONY AND INTENTIONALLY USED HIS OR HER POSITION 55 AS A PUBLIC SERVANT IN A MANNER THAT SIGNIFICANTLY FACILITATED THE 56 COMMISSION OR CONCEALMENT OF THE OFFENSE; AND A. 7393 26 1 S 7. Section 200.00 of the penal law, as amended by chapter 833 of the 2 laws of 1986, is amended to read as follows: 3 S 200.00 Bribery in the third degree. 4 A person is guilty of bribery in the third degree when he OR SHE 5 confers, or offers or agrees to confer, any benefit upon a public serv- 6 ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU- 7 ENCE such public servant's vote, opinion, judgment, action, decision or 8 exercise of discretion as a public servant [will thereby be influenced]. 9 Bribery in the third degree is a class D felony. 10 S 8. Section 200.03 of the penal law, as amended by chapter 833 of the 11 laws of 1986, is amended to read as follows: 12 S 200.03 Bribery in the second degree. 13 A person is guilty of bribery in the second degree when he OR SHE 14 confers, or offers or agrees to confer, any benefit valued in excess of 15 ten thousand dollars upon a public servant [upon an agreement or under- 16 standing that] WITH THE INTENT TO INFLUENCE such public servant's vote, 17 opinion, judgment, action, decision or exercise of discretion as a 18 public servant [will thereby be influenced]. 19 Bribery in the second degree is a class C felony. 20 S 9. Section 200.04 of the penal law, as added by chapter 276 of the 21 laws of 1973, is amended to read as follows: 22 S 200.04 Bribery in the first degree. 23 A person is guilty of bribery in the first degree when he OR SHE 24 confers, or offers or agrees to confer, any benefit upon a public serv- 25 ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU- 26 ENCE such public servant's vote, opinion, judgment, action, decision or 27 exercise of discretion as a public servant [will thereby be influenced] 28 in the investigation, arrest, detention, prosecution or incarceration of 29 any person for the commission or alleged commission of a class A felony 30 defined in article two hundred twenty of [the penal law] THIS PART or an 31 attempt to commit any such class A felony. 32 Bribery in the first degree is a class B felony. 33 S 10. Section 200.11 of the penal law, as added by chapter 833 of the 34 laws of 1986, is amended to read as follows: 35 S 200.11 Bribe receiving in the second degree. 36 A public servant is guilty of bribe receiving in the second degree 37 when he OR SHE solicits, accepts or agrees to accept any benefit valued 38 in excess of [ten] FIVE thousand dollars from another person [upon an 39 agreement or understanding that] WITH THE INTENT THAT his OR HER vote, 40 opinion, judgment, action, decision or exercise of discretion as a 41 public servant will thereby be influenced. 42 Bribe receiving in the second degree is a class C felony. 43 S 11. Section 200.12 of the penal law, as added by chapter 276 of the 44 laws of 1973, is amended to read as follows: 45 S 200.12 Bribe receiving in the first degree. 46 A public servant is guilty of bribe receiving in the first degree when 47 he OR SHE solicits, accepts or agrees to accept any benefit VALUED IN 48 EXCESS OF TEN THOUSAND DOLLARS from another person [upon an agreement or 49 understanding that] WITH THE INTENT THAT his OR HER vote, opinion, judg- 50 ment, action, decision or exercise of discretion as a public servant 51 will thereby be influenced OR HE OR SHE SOLICITS, ACCEPTS OR AGREES TO 52 ACCEPT ANY BENEFIT FROM ANOTHER PERSON WITH THE INTENT THAT HIS OR HER 53 VOTE, OPINION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION AS A 54 PUBLIC SERVANT WILL THEREBY BE INFLUENCED in the investigation, arrest, 55 detention, prosecution or incarceration of any person for the commission 56 or alleged commission of a class A felony defined in article two hundred A. 7393 27 1 twenty of [the penal law] THIS PART or an attempt to commit any such 2 class A felony. 3 Bribe receiving in the first degree is a class B felony. 4 S 12. Section 200.45 of the penal law is amended to read as follows: 5 S 200.45 Bribe giving for public office. 6 A person is guilty of bribe giving for public office when he OR SHE 7 confers, or offers or agrees to confer, any money or other property upon 8 a public servant or a party officer [upon an agreement or understanding 9 that] WITH THE INTENT THAT some person will or may be appointed to a 10 public office or designated or nominated as a candidate for public 11 office. 12 Bribe giving for public office is a class D felony. 13 S 13. Section 200.50 of the penal law is amended to read as follows: 14 S 200.50 Bribe receiving for public office. 15 A public servant or a party officer is guilty of bribe receiving for 16 public office when he OR SHE solicits, accepts or agrees to accept any 17 money or other property from another person [upon an agreement or under- 18 standing that] WITH THE INTENT THAT some person will or may be appointed 19 to a public office or designated or nominated as a candidate for public 20 office. 21 Bribe receiving for public office is a class D felony. 22 S 14. The penal law is amended by adding a new article 201 to read as 23 follows: 24 ARTICLE 201 25 FAILURE TO REPORT CORRUPTION 26 SECTION 201.00 FAILURE TO REPORT CORRUPTION. 27 S 201.00 FAILURE TO REPORT CORRUPTION. 28 1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT CORRUPTION WHEN: 29 (A) A PUBLIC SERVANT KNOWS THAT ANOTHER PERSON OR PUBLIC SERVANT IS 30 GUILTY OF OFFICIAL MISCONDUCT PURSUANT TO ARTICLE ONE HUNDRED 31 NINETY-FIVE OF THIS TITLE; COMMITS AN ABUSE OF PUBLIC TRUST CRIME PURSU- 32 ANT TO ARTICLE ONE HUNDRED NINETY-SIX OF THIS TITLE; OR IS GUILTY OF 33 BRIBERY OR BRIBE RECEIVING PURSUANT TO ARTICLE TWO HUNDRED OF THIS 34 TITLE; AND 35 (B) SUCH PUBLIC SERVANT DOES NOT, AS SOON AS REASONABLY PRACTICABLE, 36 REPORT SUCH CRIME TO A DISTRICT ATTORNEY OR TO THE COMMISSION ON OFFI- 37 CIAL MISCONDUCT. 38 2. ANY PUBLIC SERVANT WHO MAKES A REPORT PURSUANT TO THIS SECTION 39 SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER PERSONNEL ACTION 40 AS A RESULT OF MAKING SUCH REPORT. 41 FAILURE TO REPORT CORRUPTION IS A CLASS A MISDEMEANOR. 42 S 15. Subdivision 4 of section 17-158 of the election law is amended 43 to read as follows: 44 4. Makes any gift, promise or contribution to any person, upon the 45 condition or consideration of receiving an appointment or election to a 46 public office or a position of public employment, or for receiving or 47 retaining any such office or position, or promotion, privilege, increase 48 of salary or compensation therein, or exemption from removal or 49 discharge therefrom, is guilty of a CLASS D felony. 50 S 16. This act shall take effect on the one hundred twentieth day 51 after it shall have become a law. 52 PART H 53 Section 1. Section 14-130 of the election law, as added by chapter 152 54 of the laws of 1985, is amended to read as follows: A. 7393 28 1 S 14-130. Campaign funds for personal use. 1. Contributions received 2 by a candidate or a political committee may be expended for any lawful 3 purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION 4 OF A CANDIDATE. Such funds shall not be converted by any person to a 5 personal use [which is unrelated to a political campaign or the holding 6 of a public office or party position]. 7 2. (A) AS USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE 8 DEFINED AS EXPENDITURES THAT: 9 (I) ARE FOR THE PERSONAL BENEFIT OF THE CANDIDATE OR ANY OTHER INDI- 10 VIDUAL; 11 (II) DEFRAY NORMAL LIVING EXPENSES OF THE CANDIDATE, IMMEDIATE FAMILY 12 OF THE CANDIDATE, OR ANY OTHER INDIVIDUAL; 13 (III) ARE USED TO FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE OF A 14 PERSON THAT WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S ELECTION 15 CAMPAIGN; 16 (IV) ARE PUT TO ANY USE FOR WHICH THE CANDIDATE WOULD BE REQUIRED TO 17 TREAT THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER SECTION 18 SIXTY-ONE OF THE INTERNAL REVENUE CODE, OR ANY SUBSEQUENT CORRESPONDING 19 SECTION OF THE INTERNAL REVENUE CODE OF THE UNITED STATES. 20 (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED 21 TO, EXPENSES FOR THE FOLLOWING THAT ARE NOT RELATED TO CAMPAIGN PURPOSES 22 OR ACTIVITIES: 23 (I) CRIMINAL ATTORNEY OR LEGAL FEES; 24 (II) FOOD; 25 (III) SALARY PAYMENTS TO A PERSON OR A FAMILY MEMBER; 26 (IV) AUTOMOBILE PURCHASES OR LEASES; 27 (V) TRAVEL AND MILEAGE; 28 (VI) RESIDENTIAL OR HOUSEHOLD ITEMS; 29 (VII) MORTGAGE, RENT, OR UTILITY PAYMENTS; 30 (VIII) FUNERAL, CREMATION, OR BURIAL; 31 (IX) CLOTHING; 32 (X) TUITION PAYMENTS; 33 (XI) CHILDCARE; 34 (XII) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, 35 FRATERNAL ORGANIZATION OR PROFESSIONAL ORGANIZATION OR RECREATIONAL 36 FACILITY; 37 (XIII) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM 38 OF ENTERTAINMENT; 39 (XIV) PAYMENT OF ANY FINES, FEES, OR PENALTIES; AND 40 (XV) ANY OTHER EXPENDITURE DESIGNATED BY THE COMMISSION ON OFFICIAL 41 CONDUCT AS CONSTITUTING PERSONAL USE. 42 S 2. This act shall take effect on the first of January next succeed- 43 ing the date on which it shall have become a law. 44 PART I 45 Section 1. Section 14-126 of the election law, as amended by section 3 46 of part E of chapter 399 of the laws of 2011, is amended to read as 47 follows: 48 S 14-126. Violations; penalties. 1. Any person who fails to file a 49 statement required to be filed by this article shall be subject to a 50 civil penalty, not in excess of one thousand dollars, to be recoverable 51 in a special proceeding or civil action to be brought by the state board 52 of elections [or], other board of elections OR BY THE COMMISSION ON 53 OFFICIAL CONDUCT. Any person who, three or more times within a given 54 election cycle for such term of office, fails to file a statement or A. 7393 29 1 statements required to be filed by this article, shall be subject to a 2 civil penalty, not in excess of ten thousand dollars, to be recoverable 3 as provided for in this subdivision. 4 2. Any person who, acting as or on behalf of a candidate or political 5 committee, under circumstances evincing an intent to violate such law, 6 unlawfully accepts a contribution in excess of a contribution limitation 7 established in this article, shall be required to refund such excess 8 amount and shall be subject to a civil penalty equal to the excess 9 amount plus a fine of up to ten thousand dollars, to be recoverable in a 10 special proceeding or civil action to be brought by the state board of 11 elections. 12 3. (A) Any person who knowingly and willfully fails to file a state- 13 ment required to be filed by this article within ten days after the date 14 provided for filing such statement or any person who knowingly and will- 15 fully violates any other provision of this article shall be guilty of a 16 misdemeanor. 17 (B) ANY CANDIDATE OR PERSON ACTING AS OR ON BEHALF OF A CANDIDATE OR 18 POLITICAL COMMITTEE WHO KNOWINGLY AND WILLFULLY FAILS TO FILE A STATE- 19 MENT REQUIRED TO BE FILED BY THIS ARTICLE WITHIN THIRTY DAYS AFTER THE 20 DATE PROVIDED FOR FILING SUCH STATEMENT, UNLESS GRANTED AN EXTENSION BY 21 THE STATE BOARD OF ELECTIONS OR OTHER BOARD OF ELECTIONS, SHALL BE 22 SUBJECT TO A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR THE FIRST OFFENSE 23 AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE SECOND OFFENSE AND EVERY 24 OFFENSE COMMITTED THEREAFTER TO BE RECOVERABLE IN A SPECIAL PROCEEDING 25 OR CIVIL ACTION TO BE BROUGHT BY THE COMMISSION ON OFFICIAL CONDUCT. 26 CANDIDATES SHALL BE PLACED ON NOTICE BY THE BOARD OF ELECTIONS, AND WILL 27 BE LIABLE FOR ANY CRIMINAL OR CIVIL PENALTIES FOR THE TREASURER'S FAIL- 28 URE TO FILE REQUIRED DISCLOSURE REPORTS. 29 4. Any person who knowingly and willfully contributes, accepts or aids 30 or participates in the acceptance of a contribution in an amount exceed- 31 ing an applicable maximum specified in this article shall be guilty of a 32 misdemeanor. 33 5. Any person who shall, acting on behalf of a candidate or political 34 committee, knowingly and willfully solicit, organize or coordinate the 35 formation of activities of one or more unauthorized committees, make 36 expenditures in connection with the nomination for election or election 37 of any candidate, or solicit any person to make any such expenditures, 38 for the purpose of evading the contribution limitations of this article, 39 shall be guilty of a class E felony. 40 S 2. This act shall take effect immediately. 41 PART J 42 Section 1. The legislative law is amended by adding a new section 5-b 43 to read as follows: 44 S 5-B. LIMITS ON TIME A LEGISLATOR MAY SERVE AS A LEGISLATIVE LEADER. 45 NO MEMBER OF THE LEGISLATURE MAY BE ELECTED TO SERVE MORE THAN FOUR 46 CONSECUTIVE TWO YEAR TERMS AS THE TEMPORARY PRESIDENT OF THE SENATE, 47 MINORITY LEADER OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER 48 OF THE ASSEMBLY OR THE CHAIRPERSON OF ANY SENATE OR ASSEMBLY COMMITTEE. 49 S 2. This act shall take effect on the first of January next succeed- 50 ing the date on which it shall have become a law. 51 S 3. Severability clause. If any clause, sentence, paragraph, subdivi- 52 sion, section or part of this act shall be adjudged by any court of 53 competent jurisdiction to be invalid, such judgment shall not affect, 54 impair, or invalidate the remainder thereof, but shall be confined in A. 7393 30 1 its operation to the clause, sentence, paragraph, subdivision, section 2 or part thereof directly involved in the controversy in which such judg- 3 ment shall have been rendered. It is hereby declared to be the intent of 4 the legislature that this act would have been enacted even if such 5 invalid provisions had not been included herein. 6 S 4. This act shall take effect immediately; provided, however, that 7 the applicable effective dates of Parts A through J of this act shall be 8 as specifically set forth in the last section of such Parts.