Bill Text: NY S00382 | 2009-2010 | General Assembly | Introduced
Bill Title: Amends the financial disclosure forms required to be filed by every statewide elected official, state officer or employee, member of the legislature, legislative employee and political party chairman and every candidate for statewide elected office.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-05 - REFERRED TO FINANCE [S00382 Detail]
Download: New_York-2009-S00382-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
382
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. RIVERA, SQUADRON -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance
AN ACT to amend the public officers law, the executive law and the
legislative law, in relation to financial disclosure forms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 73-a of the public officers law,
2 as added by chapter 813 of the laws of 1987, the third and fourth undes-
3 ignated paragraphs of paragraph 3 as added and paragraph 4, subparagraph
4 (a) of paragraph 5, paragraphs 6, 9, 10, 11, subparagraph (b) of para-
5 graph 12 and paragraphs 13, 14, 15, 16, 17, 18 and 19 as amended by
6 chapter 242 of the laws of 1989, is amended to read as follows:
7 3. The annual statement of financial disclosure shall contain the
8 [information and shall be in the form] LANGUAGE set forth hereinbelow:
9 ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)
10 1. Name ______________________________________________________________
11 2. (a) Title of Position _____________________________________________
12 (b) Department, Agency or other Governmental Entity _______________
13 (c) Address of Present Office _____________________________________
14 (d) Office Telephone Number _______________________________________
15 3. (a) Marital Status ______________. If married, OR IN A DOMESTIC
16 PARTNERSHIP, please give spouse's OR DOMESTIC PARTNER'S full
17 name including maiden name where applicable.
18 _____________________________________________________________ .
19 (b) List the names of all unemancipated children.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05460-04-1
S. 382 2
1 ____________________________________________________________________
2 ____________________________________________________________________
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
6 Answer each of the following questions completely, with respect to
7 calendar year _________, unless another period or date is otherwise
8 specified. If additional space is needed, attach additional pages.
9 Whenever a "value" or "amount" is required to be reported herein, such
10 value or amount shall be reported as being within one of the following
11 Categories: Category A - under $5,000; Category B - $5,000 to under
12 $20,000; Category C - $20,000 to under [$60,000] $50,000; Category D -
13 [$60,000] $50,000 to under $100,000; Category E - $100,000 to under
14 [$250,000] $150,000; [and] Category F - [$250,000] $150,000 TO UNDER
15 $200,000; CATEGORY G - $200,000 TO UNDER $300,000; CATEGORY H - $300,000
16 TO UNDER $400,000; CATEGORY I - $400,000 TO UNDER $500,000; CATEGORY J -
17 $500,000 TO UNDER $600,000; CATEGORY K - $600,000 TO UNDER $700,000;
18 CATEGORY L - $700,000 TO UNDER $800,000; CATEGORY M - $800,000 TO UNDER
19 $900,000; CATEGORY N - $900,000 TO UNDER $1,000,000; AND CATEGORY O -
20 $1,000,000 or over. A reporting individual shall indicate the Category
21 by letter only.
22 Whenever "income" is required to be reported herein, the term "income"
23 shall mean the aggregate net income before taxes from the source identi-
24 fied.
25 The term "calendar year" shall mean the year ending the December 31st
26 preceding the date of filing of the annual statement.
27 4. (a) List any office, trusteeship, directorship, partnership, or
28 position of any nature, whether compensated or not, held by the
29 reporting individual with any firm, corporation, association, part-
30 nership, or other organization other than the State of New York.
31 Include compensated honorary positions; do NOT list membership or
32 uncompensated honorary positions. If the listed entity was licensed
33 by any state or local agency, was regulated by any state regulatory
34 agency or local agency, or, as a regular and significant part of the
35 business or activity of said entity, did business with, or had
36 matters other than ministerial matters before, any state or local
37 agency, list the name of any such agency.
38 State or
39 Position Organization Local Agency
40 ____________________________________________________________________
41 ____________________________________________________________________
42 ____________________________________________________________________
43 ____________________________________________________________________
44 ____________________________________________________________________
45 (b) List any office, trusteeship, directorship, partnership, or position
46 of any nature, whether compensated or not, held by the spouse,
47 DOMESTIC PARTNER or unemancipated child of the reporting individual,
48 with any firm, corporation, association, partnership, or other
49 organization other than the State of New York. Include compensated
50 honorary positions; do NOT list membership or uncompensated honorary
S. 382 3
1 positions. If the listed entity was licensed by any state or local
2 agency, was regulated by any state regulatory agency or local agen-
3 cy, or, as a regular and significant part of the business or activ-
4 ity of said entity, did business with, or had matters other than
5 ministerial matters before, any state or local agency, list the name
6 of any such agency.
7 State or
8 Position Organization Local Agency
9 ____________________________________________________________________
10 ____________________________________________________________________
11 ____________________________________________________________________
12 ____________________________________________________________________
13 ____________________________________________________________________
14 5. (a) List the name, address and description of any [occupation,]
15 employment (other than the employment listed under Item 2 above),
16 trade, business [or], profession OR OCCUPATION engaged in by the
17 reporting individual. If such activity was licensed by any state or
18 local agency[,] OR was regulated by any state regulatory agency or
19 local agency, [or, as a regular and significant part of the business
20 or activity of said entity, did business with, or had matters other
21 than ministerial matters before, any state or local agency,] list
22 the name of any such agency.
23 State or
24 Name & Address Local
25 Position of Organization Description Agency
26 ____________________________________________________________________
27 ____________________________________________________________________
28 ____________________________________________________________________
29 ____________________________________________________________________
30 ____________________________________________________________________
31 (b) IF THE REPORTING INDIVIDUAL DID BUSINESS WITH OR HAD MATTERS OTHER
32 THAN MINISTERIAL MATTERS BEFORE ANY STATE OR LOCAL AGENCY IN THE
33 COURSE OF ANY EMPLOYMENT, TRADE, BUSINESS, PROFESSION OR OCCUPATION
34 ENGAGED IN BY THE REPORTING INDIVIDUAL, LIST THE NAME AND ADDRESS OF
35 THE ENTITY, A BRIEF DESCRIPTION OF THE ACTIVITY AND THE NAME OF ANY
36 SUCH AGENCY.
37 STATE OR
38 NAME & ADDRESS LOCAL
39 OF ORGANIZATION DESCRIPTION AGENCY
40 ____________________________________________________________________
41 ____________________________________________________________________
42 ____________________________________________________________________
43 ____________________________________________________________________
44 ____________________________________________________________________
45 (C) If the spouse, DOMESTIC PARTNER or unemancipated child of the
46 reporting individual was engaged in any occupation, employment,
47 trade, business or profession which activity was licensed by any
48 state or local agency, was regulated by any state regulatory agency
S. 382 4
1 or local agency, or, as a regular and significant part of the busi-
2 ness or activity of said entity, did business with, or had matters
3 other than ministerial matters before, any state or local agency,
4 list the name, address and description of such occupation, employ-
5 ment, trade, business or profession and the name of any such agency.
6 State or
7 Name & Address Local
8 Position of Organization Description Agency
9 ____________________________________________________________________
10 ____________________________________________________________________
11 ____________________________________________________________________
12 ____________________________________________________________________
13 ____________________________________________________________________
14 6. List any interest, in EXCESS of $1,000, held by the reporting indi-
15 vidual, such individual's spouse, SUCH INDIVIDUAL'S DOMESTIC PARTNER
16 or unemancipated child, or partnership of which any such person is a
17 member, or corporation, 10% or more of the stock of which is owned
18 or controlled by any such person, whether vested or contingent, in
19 any contract made or executed by a state or local agency and include
20 the name of the entity which holds such interest and the relation-
21 ship of the reporting individual or such individual's spouse, SUCH
22 INDIVIDUAL'S DOMESTIC PARTNER or such child to such entity and the
23 interest in such contract. Do NOT include bonds and notes. Do NOT
24 list any interest in any such contract on which final payment has
25 been made and all obligations under the contract except for guaran-
26 tees and warranties have been performed, provided, however, that
27 such an interest must be listed if there has been an ongoing dispute
28 during the calendar year for which this statement is filed with
29 respect to any such guarantees or warranties. Do NOT list any inter-
30 est in a contract made or executed by a local agency after public
31 notice and pursuant to a process for competitive bidding or a proc-
32 ess for competitive requests for proposals.
33 Entity Relationship Contracting Category
34 Self, Which Held to Entity State or of
35 Spouse, Interest in and Interest Local Value of
36 DOMESTIC Contract in Contract Agency Contract
37 PARTNER,
38 or Child
39 ____________________________________________________________________
40 ____________________________________________________________________
41 ____________________________________________________________________
42 ____________________________________________________________________
43 ____________________________________________________________________
44 7. List any position the reporting individual held as an officer of any
45 political party or political organization, as a member of any poli-
46 tical party committee, or as a political party district leader. The
47 term "party" shall have the same meaning as "party" in the election
48 law. The term "political organization" means any party or independ-
49 ent body as defined in the election law or any organization that is
50 affiliated with or a subsidiary of a party or independent body.
S. 382 5
1 ____________________________________________________________________
2 ____________________________________________________________________
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
6 8. (a) If the reporting individual practices law, [is licensed by the
7 department of state as a real estate broker or agent or practices a
8 profession licensed by the department of education, give] LIST THE
9 NAME AND ADDRESS OF EACH CLIENT, PERSON OR ENTITY FOR WHOM LEGAL OR
10 CONSULTING SERVICES WERE RENDERED; THE VALUE OF THE COMPENSATION FOR
11 THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING, AND a
12 general description of the [principal subject areas of matters
13 undertaken by such individual] SERVICES RENDERED. [Additionally, if
14 such an] IN ADDITION, IF THE REPORTING individual practices LAW OR
15 PROVIDES CONSULTING SERVICES with a LAW firm or [corporation and is
16 a partner or shareholder of the firm or corporation] BUSINESS
17 ENTITY, [give] PROVIDE a general description of THE principal
18 subject areas of matters undertaken by such LAW firm or [corpo-
19 ration] BUSINESS ENTITY. Do not list the [name of the individual
20 clients, customers or patients] VALUE OF COMPENSATION IF THE
21 SERVICES RENDERED INVOLVE A CONTINGENCY FEE AS PROVIDED BY LAW.
22 CLIENT/ SERVICES PRINCIPAL CATEGORY
23 PERSON/OR ADDRESS RENDERED SUBJECT AREA OF VALUE
24 ENTITY
25 ____________________________________________________________________
26 ____________________________________________________________________
27 ____________________________________________________________________
28 ____________________________________________________________________
29 ____________________________________________________________________
30 (b) [List the name, principal address and general description or the
31 nature of the business activity of any entity in which the reporting
32 individual or such individual's spouse had an investment in excess
33 of $1,000 excluding investments in securities and interests in real
34 property] IF THE REPORTING INDIVIDUAL PRACTICES LAW AND IS A PARTNER
35 OR SHAREHOLDER OF A LAW FIRM OR CORPORATION ("LAW FIRM"), LIST THE
36 NAME AND ADDRESS OF EACH CLIENT OF SUCH LAW FIRM THAT IS A CORPO-
37 RATION, PARTNERSHIP, JOINT VENTURE, SOLE PROPRIETORSHIP, ASSOCI-
38 ATION, BUSINESS OR COMMERCIAL ENTITY OR ORGANIZATION FROM WHOM
39 COMPENSATION IS RECEIVED BY SUCH LAW FIRM IN EXCESS OF $5,000 FOR
40 THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING; THE
41 VALUE OF THE COMPENSATION; AND A GENERAL DESCRIPTION OF THE SERVICES
42 RENDERED OR CONSIDERATION GIVEN IN EXCHANGE FOR THE COMPENSATION. DO
43 NOT LIST CLIENTS OR COMPENSATION REQUIRED TO BE REPORTED IN ITEM
44 8(A) ABOVE.
45 CLIENT ADDRESS SERVICES/ CATEGORY
46 CONSIDERATION OF VALUE
47 ____________________________________________________________________
48 ____________________________________________________________________
49 ____________________________________________________________________
50 ____________________________________________________________________
51 ____________________________________________________________________
52 (C) IF THE REPORTING INDIVIDUAL IS LICENSED BY THE DEPARTMENT OF STATE
53 AS A REAL ESTATE BROKER OR AGENT, PRACTICES A PROFESSION LICENSED BY
54 THE DEPARTMENT OF EDUCATION OR PERFORMS CONSULTING SERVICES, LIST
55 THE NAME AND ADDRESS OF EACH CLIENT FROM WHOM COMPENSATION HAS BEEN
S. 382 6
1 RECEIVED BY SUCH REPORTING INDIVIDUAL FOR A VALUE IN EXCESS OF
2 $1,000 FOR THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF
3 FILING; THE VALUE OF THE COMPENSATION RECEIVED FROM EACH CLIENT; AND
4 A GENERAL DESCRIPTION OF THE SERVICES RENDERED OR CONSIDERATION
5 GIVEN IN EXCHANGE FOR THE COMPENSATION. DO NOT LIST THE NAMES OF
6 CLIENTS OF CONSULTING OR OTHER SERVICES RENDERED AS PART OF ANY
7 PRACTICE OR ACTIVITY REQUIRED TO BE REPORTED IN ITEM 8(A) ABOVE.
8 CLIENT ADDRESS SERVICES/CONSIDERATION CATEGORY OF VALUE
9 ____________________________________________________________________
10 ____________________________________________________________________
11 ____________________________________________________________________
12 ____________________________________________________________________
13 (D) IF THE REPORTING INDIVIDUAL RECEIVED COMPENSATION FROM A CORPO-
14 RATION, PARTNERSHIP, JOINT VENTURE, SOLE PROPRIETORSHIP, ASSOCI-
15 ATION, BUSINESS OR COMMERCIAL ENTITY OR ORGANIZATION ("COMPENSATING
16 ENTITY") AND THE REPORTING INDIVIDUAL SOLICITED BUSINESS OF ANOTHER
17 CORPORATION, PARTNERSHIP, JOINT VENTURE, SOLE PROPRIETORSHIP, ASSO-
18 CIATION, BUSINESS OR COMMERCIAL ENTITY OR ORGANIZATION ("THIRD-PARTY
19 ENTITY") FOR COMPENSATION, FEES OR OTHER CONSIDERATION PAID TO THE
20 COMPENSATING ENTITY IN EXCESS OF $1,000 FOR THE TAXABLE YEAR LAST
21 OCCURRING PRIOR TO THE DATE OF FILING, LIST THE NAME AND BUSINESS
22 ADDRESS OF, AND THE VALUE OF THE COMPENSATION, FEES OR OTHER CONSID-
23 ERATION PAID BY, THE THIRD-PARTY ENTITY TO THE COMPENSATING ENTITY.
24 ALSO, LIST THE NAME AND ADDRESS OF THE COMPENSATING ENTITY AND GIVE
25 A GENERAL DESCRIPTION OF THE SERVICES RENDERED OR CONSIDERATION
26 GIVEN BY THE COMPENSATING ENTITY TO THE THIRD-PARTY ENTITY IN
27 EXCHANGE FOR SUCH COMPENSATION.
28 COMPENSATING THIRD PARTY SERVICES/ CATEGORY
29 ENTITY/ ADDRESS ENTITY/ADDRESS CONSIDERATION OF VALUE
30 ____________________________________________________________________
31 ____________________________________________________________________
32 ____________________________________________________________________
33 ____________________________________________________________________
34 (E) IF THE REPORTING INDIVIDUAL OR THE INDIVIDUAL'S SPOUSE OR THE INDI-
35 VIDUAL'S DOMESTIC PARTNER HAD AN INVESTMENT IN EXCESS OF $1,000 FOR
36 THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING, LIST
37 THE NAME, PRINCIPAL ADDRESS AND GENERAL DESCRIPTION OR THE NATURE OF
38 THE BUSINESS ACTIVITY AND THE CATEGORY OF VALUE OF SUCH INVESTMENT.
39 DO NOT LIST INVESTMENTS IN SECURITIES OR REAL PROPERTY.
40 INVESTMENT ADDRESS GENERAL DESCRIPTION, CATEGORY
41 OR NATURE OF BUSINESS OF VALUE
42 ____________________________________________________________________
43 ____________________________________________________________________
44 ____________________________________________________________________
45 ____________________________________________________________________
46 9. List each source of gifts, EXCLUDING campaign contributions, in
47 EXCESS of $1,000, received during the reporting period for which
48 this statement is filed by the reporting individual or such individ-
49 ual's spouse, SUCH INDIVIDUAL'S DOMESTIC PARTNER or unemancipated
50 child from the same donor, EXCLUDING gifts from a relative. INCLUDE
S. 382 7
1 the name and address of the donor. The term "gifts" does not include
2 reimbursements, which term is defined in item 10. Indicate the
3 value and nature of each such gift.
4 Category
5 Self, of
6 Spouse, Name of Nature Value of
7 DOMESTIC Donor Address of Gift Gift
8 PARTNER,
9 or Child
10 ____________________________________________________________________
11 ____________________________________________________________________
12 ____________________________________________________________________
13 ____________________________________________________________________
14 ____________________________________________________________________
15 10. Identify and briefly describe the source of any reimbursements for
16 expenditures, EXCLUDING campaign expenditures and expenditures in
17 connection with official duties reimbursed by the state, in EXCESS
18 of $1,000 from each such source. For purposes of this item, the term
19 "reimbursements" shall mean any travel-related expenses provided by
20 nongovernmental sources and for activities related to the reporting
21 individual's official duties such as, speaking engagements, confer-
22 ences, or factfinding events. The term "reimbursements" does NOT
23 include gifts reported under item 9.
24 Source Description
25 ____________________________________________________________________
26 ____________________________________________________________________
27 ____________________________________________________________________
28 ____________________________________________________________________
29 ____________________________________________________________________
30 11. List the identity and value, if reasonably ascertainable, of each
31 interest in a trust, estate or other beneficial interest, including
32 retirement plans (other than retirement plans of the state of New
33 York or the city of New York[,]) and deferred compensation plans
34 (e.g., 401, 403(b), 457, etc.) established in accordance with the
35 internal revenue code, in which the REPORTING INDIVIDUAL held a
36 beneficial interest in EXCESS of $1,000 at any time during the
37 preceding year. Do NOT report interests in a trust, estate or other
38 beneficial interest established by or for, or the estate of, a rela-
39 tive.
40 Category
41 Identity of Value*
42 ____________________________________________________________________
43 ____________________________________________________________________
44 ____________________________________________________________________
45 ____________________________________________________________________
46 ____________________________________________________________________
47 * The value of such interest shall be reported only if reasonably
48 ascertainable.
S. 382 8
1 12. (a) Describe the terms of, and the parties to, any contract, prom-
2 ise, or other agreement between the reporting individual and any
3 person, firm, or corporation with respect to the employment of such
4 individual after leaving office or position (other than a leave of
5 absence).
6 ____________________________________________________________________
7 ____________________________________________________________________
8 ____________________________________________________________________
9 ____________________________________________________________________
10 ____________________________________________________________________
11 (b) Describe the parties to and the terms of any agreement providing
12 for continuation of payments or benefits to the REPORTING INDIVIDUAL
13 in EXCESS of $1,000 from a prior employer OTHER THAN the State.
14 (This includes interests in or contributions to a pension fund,
15 profit-sharing plan, or life or health insurance; buy-out agree-
16 ments; severance payments; etc.)
17 ____________________________________________________________________
18 ____________________________________________________________________
19 ____________________________________________________________________
20 ____________________________________________________________________
21 ____________________________________________________________________
22 13. List below the nature and amount of any income in EXCESS of $1,000
23 from EACH SOURCE for the reporting individual and such individual's
24 spouse OR SUCH INDIVIDUAL'S DOMESTIC PARTNER for the taxable year
25 last occurring prior to the date of filing. Nature of income
26 includes, but is not limited to, all income [(other than that
27 received from the employment listed under Item 2 above)] from
28 compensated employment whether public or private, directorships and
29 other fiduciary positions, contractual arrangements, teaching
30 income, partnerships, honorariums, lecture fees, consultant fees,
31 bank and bond interest, dividends, income derived from a trust, real
32 estate rents, and recognized gains from the sale or exchange of real
33 or other property. Income from a business or profession and real
34 estate rents shall be reported with the source identified by the
35 building address in the case of real estate rents and otherwise by
36 the name of the [entity and not by the name of the] individual
37 customers[,] OR clients [or tenants], with the aggregate net income
38 before taxes for each building address or [entity] CLIENT. [The] A
39 SOURCE IS IDENTIFIED AS THE ORIGINAL PAYER OF COMPENSATION TO THE
40 REPORTING INDIVIDUAL OR AN ENTITY ESTABLISHED BY THE REPORTING INDI-
41 VIDUAL, NOT AN INTERMEDIARY ENTITY ESTABLISHED BY THE REPORTING
42 INDIVIDUAL TO RECEIVE SUCH COMPENSATION. DO NOT LIST COMPENSATION
43 RECEIVED FROM THE EMPLOYMENT LISTED UNDER ITEM 2 ABOVE, OR CLIENTS
44 AND COMPENSATION REQUIRED TO BE REPORTED IN ITEMS 8(A), 8(B) OR 8(C)
45 ABOVE, OR THE receipt of maintenance received in connection with a
46 matrimonial action, alimony and child support payments [shall not be
47 listed].
48 Self/
49 Spouse, OR
50 DOMESTIC Category
51 PARTNER Source Nature of Amount
S. 382 9
1 ____________________________________________________________________
2 ____________________________________________________________________
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
6 14. List the sources of any deferred income (not retirement income) in
7 EXCESS of $1,000 from each source to be paid to the reporting indi-
8 vidual following the close of the calendar year for which this
9 disclosure statement is filed, other than deferred compensation
10 reported in item 11 hereinabove. Deferred income derived from the
11 practice of a profession shall be listed in the aggregate and shall
12 identify as the source, the name of the firm, corporation, partner-
13 ship or association through which the income was derived, but shall
14 not identify individual clients.
15 Category
16 Source of Amount
17 ____________________________________________________________________
18 ____________________________________________________________________
19 ____________________________________________________________________
20 ____________________________________________________________________
21 ____________________________________________________________________
22 15. List each assignment of income in EXCESS of $1,000, and each trans-
23 fer other than to a relative during the reporting period for which
24 this statement is filed for less than fair consideration of an
25 interest in a trust, estate or other beneficial interest, securities
26 or real property, by the reporting individual, in excess of $1,000,
27 which would otherwise be required to be reported herein and is not
28 or has not been so reported.
29 Item Assigned Assigned or Category
30 or Transferred Transferred to of Value
31 ____________________________________________________________________
32 ____________________________________________________________________
33 ____________________________________________________________________
34 ____________________________________________________________________
35 ____________________________________________________________________
36 16. List below the type and market value of securities held by the
37 reporting individual [or], such individual's spouse OR THE REPORTING
38 INDIVIDUAL'S DOMESTIC PARTNER from each issuing entity in EXCESS of
39 $1,000 at the close of the taxable year last occurring prior to the
40 date of filing, including the name of the issuing entity exclusive
41 of securities held by the reporting individual issued by a profes-
42 sional corporation. Whenever an interest in securities exists
43 through a beneficial interest in a trust, the securities held in
44 such trust shall be listed ONLY IF the reporting individual has
45 knowledge thereof except where the reporting individual [or], the
46 reporting individual's spouse OR THE REPORTING INDIVIDUAL'S DOMESTIC
47 PARTNER has transferred assets to such trust for his or her benefit
48 in which event such securities shall be listed unless they are not
S. 382 10
1 ascertainable by the reporting individual because the trustee is
2 under an obligation or has been instructed in writing not to
3 disclose the contents of the trust to the reporting individual.
4 Securities of which the reporting individual [or], the reporting
5 individual's spouse OR THE REPORTING INDIVIDUAL'S DOMESTIC PARTNER
6 is the owner of record but in which such individual [or], the
7 reporting individual's spouse OR THE REPORTING INDIVIDUAL'S DOMESTIC
8 PARTNER has no beneficial interest shall not be listed. Indicate
9 percentage of ownership ONLY if the reporting person [or], the
10 reporting person's spouse OR THE REPORTING INDIVIDUAL'S DOMESTIC
11 PARTNER holds more than five percent (5%) of the stock of a corpo-
12 ration in which the stock is publicly traded or more than ten
13 percent (10%) of the stock of a corporation in which the stock is
14 NOT publicly traded. Also list securities owned for investment
15 purposes by a corporation more than fifty percent (50%) of the stock
16 of which is owned or controlled by the reporting individual [or],
17 such individual's spouse OR SUCH INDIVIDUAL'S DOMESTIC PARTNER. For
18 the purpose of this item the term "securities" shall mean mutual
19 funds, bonds, mortgages, notes, obligations, warrants and stocks of
20 any class, investment interests in limited or general partnerships
21 and certificates of deposits (CDs) and such other evidences of
22 indebtedness and certificates of interest as are usually referred to
23 as securities. The market value for such securities shall be
24 reported only if reasonably ascertainable and shall not be reported
25 if the security is an interest in a general partnership that was
26 listed in item 8 (a) or if the security is corporate stock, NOT
27 publicly traded, in a trade or business of a reporting individual
28 [or], a reporting individual's spouse OR A REPORTING INDIVIDUAL'S
29 DOMESTIC PARTNER.
30 Percentage
31 of corporate
32 stock owned
33 or controlled Category of
34 (if more than Market Value
35 5% of pub- as of the close
36 licly traded of the
37 stock, or taxable year
38 more than last occurring
39 10% if stock prior to
40 Self/ Issuing Type of not publicly the filing of
41 Spouse, Entity Security traded, is held) this statement
42 OR
43 DOMESTIC
44 PARTNER
45 ____________________________________________________________________
46 ____________________________________________________________________
47 ____________________________________________________________________
48 ____________________________________________________________________
49 ____________________________________________________________________
50 17. List below the location, size, general nature, acquisition date,
51 market value and percentage of ownership of any real property in
52 which any vested or contingent interest in EXCESS of $1,000 is held
53 by the reporting individual [or], the reporting individual's spouse
S. 382 11
1 OR THE REPORTING INDIVIDUAL'S DOMESTIC PARTNER. Also list real prop-
2 erty owned for investment purposes by a corporation more than fifty
3 percent 50% of the stock of which is owned or controlled by the
4 reporting individual [or], such individual's spouse OR THE REPORTING
5 INDIVIDUAL'S DOMESTIC PARTNER. Do NOT list any real property which
6 is the primary or secondary personal residence of the reporting
7 individual [or], the reporting individual's spouse OR THE REPORTING
8 INDIVIDUAL'S DOMESTIC PARTNER, except where there is a co-owner who
9 is other than a relative.
10 Self/
11 Spouse Category
12 DOMESTIC Percentage of
13 PARTNER/ General Acquisition of Market
14 Corporation Location Size Nature Date Ownership Value
15 ____________________________________________________________________
16 ____________________________________________________________________
17 ____________________________________________________________________
18 ____________________________________________________________________
19 ____________________________________________________________________
20 18. List below all notes and accounts receivable, other than from goods
21 or services sold, held by the reporting individual at the close of
22 the taxable year last occurring prior to the date of filing and
23 other debts owed to such individual at the close of the taxable year
24 last occurring prior to the date of filing, in EXCESS of $1,000,
25 including the name of the debtor, type of obligation, date due and
26 the nature of the collateral securing payment of each, if any,
27 excluding securities reported in item 16 hereinabove. Debts, notes
28 and accounts receivable owed to the individual by a relative shall
29 not be reported.
30 Type of Obligation, Category
31 Date Due, and Nature of
32 Name of Debtor of Collateral, if any Amount
33 ____________________________________________________________________
34 ____________________________________________________________________
35 ____________________________________________________________________
36 ____________________________________________________________________
37 ____________________________________________________________________
38 19. List below all liabilities of the reporting individual and such
39 individual's spouse[,] OR SUCH INDIVIDUAL'S DOMESTIC PARTNER in
40 EXCESS of $5,000 as of the date of filing of this statement, other
41 than liabilities to a relative. Do NOT list liabilities incurred by,
42 or guarantees made by, the reporting individual [or], such individ-
43 ual's spouse OR SUCH INDIVIDUAL'S DOMESTIC PARTNER or by any
44 proprietorship, partnership or corporation in which the reporting
45 individual [or], such individual's spouse OR SUCH INDIVIDUAL'S
46 DOMESTIC PARTNER has an interest, when incurred or made in the ordi-
47 nary course of the trade, business or professional practice of the
48 reporting individual [or], such individual's spouse OR SUCH INDIVID-
49 UAL'S DOMESTIC PARTNER. Include the name of the creditor and any
50 collateral pledged by such individual to secure payment of any such
S. 382 12
1 liability. A reporting individual shall not list any obligation to
2 pay maintenance in connection with a matrimonial action, alimony or
3 child support payments. Any loan issued in the ordinary course of
4 business by a financial institution to finance educational costs,
5 the cost of home purchase or improvements for a primary or secondary
6 residence, or purchase of a personally owned motor vehicle, house-
7 hold furniture or appliances shall be excluded. If any such report-
8 able liability has been guaranteed by any third person, list the
9 liability and name the guarantor.
10 Category
11 Name of Creditor Type of Liability of
12 or Guarantor and Collateral, if any Amount
13 ____________________________________________________________________
14 ____________________________________________________________________
15 ____________________________________________________________________
16 ____________________________________________________________________
17 ____________________________________________________________________
18 The requirements of law relating to the reporting of financial
19 interests are in the public interest and no adverse inference of
20 unethical or illegal conduct or behavior will be drawn merely from
21 compliance with these requirements.
22 ___________________________________ _________________________
23 (Signature of Reporting Individual) Date (month/day/year)
24 S 2. The public officers law is amended by adding a new section 74-b
25 to read as follows:
26 S 74-B. REPORTS OF BUSINESS DEALINGS WITH LOBBYISTS. 1. A PUBLIC OFFI-
27 CER WHO IS SUBJECT TO THE JURISDICTION OF THE RELEVANT ETHICS COMMISSION
28 WHO RETAINS, EMPLOYS, DESIGNATES OR OTHERWISE DOES BUSINESS WITH A
29 LOBBYIST OR LOBBYISTS SHALL, WITHIN THIRTY DAYS OF THE DATE UPON WHICH
30 SUCH BUSINESS DEALINGS COMMENCE, FILE WITH THE EXECUTIVE ETHICS AND
31 COMPLIANCE COMMISSION A REPORT OF SUCH BUSINESS DEALINGS. SUCH REPORTS
32 SHALL BE FILED ON FORMS SUPPLIED BY SUCH COMMISSION AND SHALL CONTAIN:
33 (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PUBLIC OFFICER;
34 (B) THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH LOBBYIST RETAINED,
35 EMPLOYED OR DESIGNATED BY SUCH PUBLIC OFFICER OR WITH WHOM SUCH PUBLIC
36 OFFICER DID BUSINESS;
37 (C) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS-
38 ACTIONS BETWEEN THE PUBLIC OFFICER AND THE LOBBYIST OR LOBBYISTS; AND
39 (D) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF THE
40 BUSINESS DEALINGS.
41 2. A LEGISLATOR OR LEGISLATIVE EMPLOYEE WHO RETAINS, EMPLOYS, DESIG-
42 NATES OR OTHERWISE DOES BUSINESS WITH A LOBBYIST OR LOBBYISTS SHALL,
43 WITHIN THIRTY DAYS OF THE DATE UPON WHICH SUCH BUSINESS DEALINGS
44 COMMENCE, FILE WITH THE JOINT LEGISLATIVE COMMISSION ON ETHICS STANDARDS
45 A REPORT OF SUCH BUSINESS DEALINGS. SUCH REPORTS SHALL BE FILED ON FORMS
46 SUPPLIED BY SUCH COMMISSION AND SHALL CONTAIN:
47 (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PUBLIC OFFICER;
48 (B) THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH LOBBYIST RETAINED,
49 EMPLOYED OR DESIGNATED BY SUCH PUBLIC OFFICER OR WITH WHOM SUCH PUBLIC
50 OFFICER DID BUSINESS;
S. 382 13
1 (C) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS-
2 ACTIONS BETWEEN THE PUBLIC OFFICER AND THE LOBBYIST OR LOBBYISTS; AND
3 (D) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF THE
4 BUSINESS DEALINGS.
5 3. ALL SUCH REPORTS SHALL BE SUBJECT TO REVIEW BY THE RELEVANT ETHICS
6 COMMISSION.
7 4. SUCH REPORTS SHALL BE KEPT ON FILE FOR A PERIOD OF THREE YEARS,
8 SHALL BE OPEN TO PUBLIC INSPECTION DURING SUCH PERIOD AND ACCESS TO SUCH
9 INFORMATION SHALL ALSO BE MADE AVAILABLE FOR REMOTE COMPUTER USERS
10 THROUGH THE INTERNET NETWORK.
11 S 3. Subdivision 9 of section 94 of the executive law is amended by
12 adding a new paragraph (n) to read as follows:
13 (N) A STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDI-
14 DATE FOR STATEWIDE ELECTED OFFICE MAY NOT DISCLOSE INFORMATION REGARDING
15 A CLIENT, PERSON, OR ENTITY REQUIRED UNDER THE ANNUAL STATEMENT OF
16 FINANCIAL DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARA-
17 GRAPH EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE
18 PUBLIC OFFICERS LAW, IF SUCH DISCLOSURE OF THE CLIENT, PERSON, OR ENTI-
19 TY'S REQUIRED INFORMATION WOULD VIOLATE A LEGALLY RECOGNIZED PRIVILEGE
20 UNDER NEW YORK LAW OR WITHIN THE PURVIEW OF THE ATTORNEY-CLIENT PRIVI-
21 LEGE, DISCLOSURE WOULD CREATE AN UNREASONABLE HARDSHIP, IN THAT SUCH
22 DISCLOSURE WOULD CONVEY THE SUBSTANCE OF A CONFIDENTIAL COMMUNICATION
23 BETWEEN CLIENT AND ATTORNEY. SUCH A CLIENT, PERSON, OR ENTITY'S
24 REQUIRED INFORMATION UNDER SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH
25 EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC
26 OFFICERS LAW MAY BE WITHHELD IN ACCORDANCE WITH THE FOLLOWING PROCEDURE:
27 (I) A STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDI-
28 DATE FOR STATEWIDE ELECTED OFFICE WHO BELIEVES THAT A CLIENT, PERSON, OR
29 ENTITY'S REQUIRED INFORMATION UNDER THE ANNUAL STATEMENT OF FINANCIAL
30 DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT
31 OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS
32 LAW IS PROTECTED BY A LEGALLY RECOGNIZED PRIVILEGE OR UNREASONABLE HARD-
33 SHIP MAY DECLINE TO REPORT THE REQUIRED INFORMATION, BUT SHALL FILE WITH
34 HIS OR HER ANNUAL STATEMENT OF FINANCIAL DISCLOSURE AN EXPLANATION FOR
35 SUCH NONDISCLOSURE. THE EXPLANATION SHALL SEPARATELY STATE FOR EACH
36 UNDISCLOSED CLIENT, PERSON, OR ENTITY, THE LEGAL BASIS FOR ASSERTION OF
37 THE PRIVILEGE OR UNREASONABLE HARDSHIP AND, AS SPECIFICALLY AS POSSIBLE
38 WITHOUT DEFEATING THE PRIVILEGE OR UNREASONABLE HARDSHIP, FACTS WHICH
39 DEMONSTRATE WHY THE PRIVILEGE OR UNREASONABLE HARDSHIP IS APPLICABLE.
40 (II) WITH RESPECT TO EACH UNDISCLOSED CLIENT, PERSON, OR ENTITY, THE
41 STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDIDATE FOR
42 STATEWIDE ELECTED OFFICE SHALL STATE THAT TO THE BEST OF HIS OR HER
43 KNOWLEDGE HE OR SHE HAS NOT AND WILL NOT MAKE, PARTICIPATE IN MAKING, OR
44 IN ANY WAY ATTEMPT TO USE AN OFFICIAL POSITION TO INFLUENCE A GOVERN-
45 MENTAL DECISION WHEN TO DO SO CONSTITUTED OR WOULD CONSTITUTE A CRIME OR
46 VIOLATION OF ANY LOCAL, STATE OR FEDERAL LAW.
47 (III) THE EXECUTIVE DIRECTOR MAY REQUEST FURTHER INFORMATION FROM THE
48 STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDIDATE FOR
49 STATEWIDE ELECTED OFFICE AND, IF NO LEGAL OR FACTUAL JUSTIFICATION
50 SUFFICIENT TO SUPPORT ASSERTION OF THE PRIVILEGE OR UNREASONABLE HARD-
51 SHIP IS SHOWN, MAY ORDER THAT THE DISCLOSURE REQUIRED BY THE ANNUAL
52 STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR
53 (C) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A
54 OF THE PUBLIC OFFICERS LAW BE MADE. THE STATEWIDE ELECTED OFFICIAL,
55 STATE OFFICER OR EMPLOYEE OR CANDIDATE FOR STATEWIDE ELECTED OFFICE
56 SHALL, WITHIN FOURTEEN DAYS AFTER RECEIPT OF AN ORDER FROM THE EXECUTIVE
S. 382 14
1 DIRECTOR, EITHER COMPLY WITH THE ORDER OR, IF HE OR SHE WANTS TO CHAL-
2 LENGE THE DETERMINATION OF THE EXECUTIVE DIRECTOR APPEAL THE DETERMI-
3 NATION, IN WRITING, TO THE COMMISSION. THE EXECUTIVE DIRECTOR MAY, FOR
4 GOOD CAUSE, EXTEND ANY OF THE TIME FOR A PERIOD OF FOURTEEN DAYS.
5 (IV) IF THE EXECUTIVE DIRECTOR DETERMINES THAT NONDISCLOSURE IS JUSTI-
6 FIED BECAUSE OF THE EXISTENCE OF A PRIVILEGE OR UNREASONABLE HARDSHIP,
7 THE MATTER SHALL BE REFERRED TO THE COMMISSION.
8 (V) THE COMMISSION SHALL REVIEW AN APPEAL FILED UNDER SUBPARAGRAPH
9 (III) OF THIS PARAGRAPH OR A RECOMMENDATION MADE BY THE EXECUTIVE DIREC-
10 TOR UNDER SUBPARAGRAPH (IV) OF THIS PARAGRAPH AT A MEETING HELD NO LESS
11 THAN FOURTEEN DAYS AFTER NOTICE OF THE MEETING IS MAILED TO THE STATE-
12 WIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDIDATE FOR STATE-
13 WIDE ELECTED OFFICE. THE COMMISSION SHALL DECIDE WHETHER NONDISCLOSURE
14 IS WARRANTED BY ISSUING AN OPINION PURSUANT TO SUBDIVISION FIFTEEN OF
15 THIS SECTION AND SHALL TREAT THE EXPLANATION FOR NONDISCLOSURE ACCOMPA-
16 NYING THE STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR
17 CANDIDATE FOR STATEWIDE ELECTED OFFICE'S ANNUAL STATEMENT OF FINANCIAL
18 DISCLOSURE AS AN OPINION REQUEST.
19 (VI) IF THE COMMISSION ORDERS A STATEWIDE ELECTED OFFICIAL, STATE
20 OFFICER OR EMPLOYEE OR CANDIDATE FOR STATEWIDE ELECTED OFFICE TO
21 DISCLOSE, THE STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR
22 CANDIDATE FOR STATEWIDE ELECTED OFFICE MUST COMPLY WITHIN FOURTEEN DAYS.
23 THE COMMISSION, IN ITS NOTIFICATION TO DISCLOSE A CLIENT, PERSON, OR
24 ENTITY'S INFORMATION REQUIRED BY THE ANNUAL STATEMENT OF FINANCIAL
25 DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT
26 OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS
27 LAW, SHALL INFORM THE PERSON OF HIS OR HER RIGHT TO APPEAL THE COMMIS-
28 SION'S DETERMINATION PURSUANT TO ITS RULES GOVERNING ADJUDICATORY
29 PROCEEDINGS AND APPEALS ADOPTED PURSUANT TO SUBDIVISION THIRTEEN OF THIS
30 SECTION;
31 S 4. The legislative law is amended by adding a new section 81 to read
32 as follows:
33 S 81. EXCEPTIONS TO FINANCIAL DISCLOSURE. A MEMBER OF THE LEGISLA-
34 TURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE
35 MAY NOT DISCLOSE INFORMATION REGARDING A CLIENT, PERSON, OR ENTITY
36 REQUIRED UNDER THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO
37 SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF
38 SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW, IF SUCH DISCLOSURE
39 OF THE CLIENT, PERSON, OR ENTITY'S REQUIRED INFORMATION WOULD VIOLATE A
40 LEGALLY RECOGNIZED PRIVILEGE UNDER NEW YORK LAW OR WITHIN THE PURVIEW OF
41 THE ATTORNEY-CLIENT PRIVILEGE, DISCLOSURE WOULD CREATE AN UNREASONABLE
42 HARDSHIP, IN THAT SUCH DISCLOSURE WOULD CONVEY THE SUBSTANCE OF CONFI-
43 DENTIAL COMMUNICATION BETWEEN CLIENT AND ATTORNEY. SUCH A CLIENT,
44 PERSON, OR ENTITY'S REQUIRED INFORMATION UNDER SUBPARAGRAPH (A), (B) OR
45 (C) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A
46 OF THE PUBLIC OFFICERS LAW MAY BE WITHHELD IN ACCORDANCE WITH THE
47 FOLLOWING PROCEDURE:
48 1. A MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR
49 MEMBER OF THE LEGISLATURE WHO BELIEVES THAT A CLIENT, PERSON, OR ENTI-
50 TY'S REQUIRED INFORMATION UNDER THE ANNUAL STATEMENT OF FINANCIAL
51 DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT
52 OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS
53 LAW IS PROTECTED BY A LEGALLY RECOGNIZED PRIVILEGE OR UNREASONABLE HARD-
54 SHIP MAY DECLINE TO REPORT THE REQUIRED INFORMATION, BUT SHALL FILE WITH
55 HIS OR HER ANNUAL STATEMENT OF FINANCIAL DISCLOSURE AN EXPLANATION FOR
56 SUCH NONDISCLOSURE. THE EXPLANATION SHALL SEPARATELY STATE FOR EACH
S. 382 15
1 UNDISCLOSED CLIENT, PERSON, OR ENTITY THE LEGAL BASIS FOR ASSERTION OF
2 THE PRIVILEGE OR UNREASONABLE HARDSHIP AND, AS SPECIFICALLY AS POSSIBLE
3 WITHOUT DEFEATING THE PRIVILEGE OR UNREASONABLE HARDSHIP, FACTS WHICH
4 DEMONSTRATE WHY THE PRIVILEGE OR UNREASONABLE HARDSHIP IS APPLICABLE.
5 2. WITH RESPECT TO EACH UNDISCLOSED CLIENT, PERSON, OR ENTITY, THE
6 MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER
7 OF THE LEGISLATURE SHALL STATE THAT TO THE BEST OF HIS OR HER KNOWLEDGE
8 HE OR SHE HAS NOT AND WILL NOT MAKE, PARTICIPATE IN MAKING, OR IN ANY
9 WAY ATTEMPT TO USE AN OFFICIAL POSITION TO INFLUENCE A GOVERNMENTAL
10 DECISION WHEN TO DO SO CONSTITUTED OR WOULD CONSTITUTE A CRIME OR
11 VIOLATION OF ANY LOCAL, STATE OR FEDERAL LAW.
12 3. THE EXECUTIVE DIRECTOR MAY REQUEST FURTHER INFORMATION FROM THE
13 MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER
14 OF THE LEGISLATURE AND, IF NO LEGAL OR FACTUAL JUSTIFICATION SUFFICIENT
15 TO SUPPORT ASSERTION OF THE PRIVILEGE OR UNREASONABLE HARDSHIP IS SHOWN,
16 MAY ORDER THAT THE DISCLOSURE REQUIRED BY THE ANNUAL STATEMENT OF FINAN-
17 CIAL DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH
18 EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC
19 OFFICERS LAW BE MADE. THE MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOY-
20 EE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE SHALL, WITHIN FOURTEEN
21 DAYS AFTER RECEIPT OF AN ORDER FROM THE EXECUTIVE DIRECTOR, EITHER
22 COMPLY WITH THE ORDER OR, IF HE OR SHE WANTS TO CHALLENGE THE DETERMI-
23 NATION OF THE EXECUTIVE DIRECTOR, APPEAL THE DETERMINATION, IN WRITING,
24 TO THE COMMISSION. THE EXECUTIVE DIRECTOR MAY, FOR GOOD CAUSE, EXTEND
25 ANY OF THE TIME FOR A PERIOD OF FOURTEEN DAYS.
26 4. IF THE EXECUTIVE DIRECTOR DETERMINES THAT NONDISCLOSURE IS JUSTI-
27 FIED BECAUSE OF THE EXISTENCE OF A PRIVILEGE OR UNREASONABLE HARDSHIP,
28 THE MATTER SHALL BE REFERRED TO THE COMMISSION.
29 5. THE COMMISSION SHALL REVIEW AN APPEAL FILED UNDER SUBDIVISION THREE
30 OF THIS SECTION OR A RECOMMENDATION MADE BY THE EXECUTIVE DIRECTOR UNDER
31 SUBDIVISION FOUR OF THIS SECTION AT A MEETING HELD NO LESS THAN FOURTEEN
32 DAYS AFTER NOTICE OF THE MEETING IS MAILED TO THE MEMBER OF THE LEGISLA-
33 TURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE.
34 THE COMMISSION SHALL DECIDE WHETHER SUCH NONDISCLOSURE IS WARRANTED BY
35 ISSUING AN OPINION PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION AND
36 SHALL TREAT THE EXPLANATION FOR NONDISCLOSURE ACCOMPANYING THE MEMBER OF
37 THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER OF THE
38 LEGISLATURE'S ANNUAL STATEMENT OF FINANCIAL DISCLOSURE AS AN OPINION
39 REQUEST.
40 6. IF THE COMMISSION ORDERS A MEMBER OF THE LEGISLATURE, LEGISLATIVE
41 EMPLOYEE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE TO DISCLOSE, THE
42 MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER
43 OF THE LEGISLATURE MUST COMPLY WITHIN FOURTEEN DAYS. THE COMMISSION, IN
44 ITS NOTIFICATION TO DISCLOSE A CLIENT, PERSON, OR ENTITY'S INFORMATION
45 REQUIRED BY THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO
46 SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF
47 SECTION SEVENTY-THREE-A, SHALL INFORM THE PERSON OF HIS OR HER RIGHT TO
48 APPEAL THE COMMISSION'S DETERMINATION PURSUANT TO ITS RULES GOVERNING
49 ADJUDICATORY PROCEEDINGS AND APPEALS ADOPTED PURSUANT TO SUBDIVISION
50 THIRTEEN OF THIS SECTION.
51 S 5. Severability. If any clause, sentence, paragraph, section or part
52 of this act shall be adjudged by any court of competent jurisdiction to
53 be invalid, such judgment shall not affect, impair or invalidate the
54 reminder thereof, but shall be confined in its operation to the clause,
55 sentence, paragraph, section or part thereof directly involved in the
56 controversy in which such judgment shall have been rendered.
S. 382 16
1 S 6. This act shall take effect on the first of January next succeed-
2 ing the date upon which it shall have become a law, and shall apply to
3 all fiscal years commencing on or after such date.
