A07393 Summary:

BILL NO    A07393 

SAME AS    No same as 

SPONSOR    Kolb (MS)

COSPNSR    Barclay, Blankenbush, Borelli, Butler, Ceretto, Corwin, Crouch,
           Curran, DiPietro, Duprey, Finch, Fitzpatrick, Friend, Garbarino,
           Giglio, Goodell, Graf, Hawley, Johns, Katz, Lalor, Lopez P,
           Lupinacci, Malliotakis, McDonough, McKevitt, McLaughlin, Montesano,
           Nojay, Oaks, Palmesano, Ra, Raia, Saladino, Stec, Tedisco, Tenney,
           Walter

MLTSPNSR   

Amd Various Laws, generally

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.
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A07393 Actions:

BILL NO    A07393 

05/14/2013 referred to governmental operations
01/08/2014 referred to governmental operations
04/07/2014 held for consideration in governmental operations
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A07393 Votes:

There are no votes for this bill in this legislative session.
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A07393 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7393
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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    § 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    § 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    § 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    § 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    § 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    § 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    § 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    § 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    §  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    §  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    §  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    §  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    § 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    §  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    §  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    §  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    § 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    § 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    §  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    § 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    § 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    § 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    § 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    §  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    §  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    § 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    §  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    § 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    § 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    § 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    § 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    § 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    § 26. Section 94 of the executive law is REPEALED.
    17    §  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    § 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    § 29. Article 4-A of the executive law is REPEALED.
    39    § 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    § 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    §  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    §  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    § 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    §  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    § 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    §  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    §  37.  Chapter  989  of  the laws of 1958, creating a temporary state
     8  commission of investigation, is REPEALED.
     9    § 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    § 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    § 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    § 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    § 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    §  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    § 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    § 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    § 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    § 2. The election law is amended by adding a  new  section  16-111  to
    29  read as follows:
    30    §  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    § 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    § 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  § 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    § 3. The penal law is amended by adding two new  sections  195.01  and
    28  195.02 to read as follows:
    29  § 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  § 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    § 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  § 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    § 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    §  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    § 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  § 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    § 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  § 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    § 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  § 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    §  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  § 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    §  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  § 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    § 12. Section 200.45 of the penal law is amended to read as follows:
     5  § 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    § 13. Section 200.50 of the penal law is amended to read as follows:

    14  § 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    § 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  § 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  ninety-
    31  five  of  this title; commits an abuse of public trust crime pursuant to
    32  article one hundred ninety-six of this title; or is guilty of bribery or
    33  bribe receiving pursuant to article two hundred of this title; and
    34    (b) Such public servant does not, as soon as  reasonably  practicable,
    35  report  such  crime to a district attorney or to the Commission on Offi-
    36  cial Misconduct.
    37    2. Any public servant who makes a  report  pursuant  to  this  section
    38  shall  not be subject to dismissal, discipline or other personnel action

    39  as a result of making such report.
    40    Failure to report corruption is a class A misdemeanor.
    41    § 15. Subdivision 4 of section 17-158 of the election law  is  amended
    42  to read as follows:
    43    4.  Makes  any  gift,  promise or contribution to any person, upon the
    44  condition or consideration of receiving an appointment or election to  a
    45  public  office  or  a position of public employment, or for receiving or
    46  retaining any such office or position, or promotion, privilege, increase
    47  of  salary  or  compensation  therein,  or  exemption  from  removal  or
    48  discharge therefrom, is guilty of a class D felony.
    49    §  16.  This  act  shall  take effect on the one hundred twentieth day
    50  after it shall have become a law.
 
    51                                   PART H
 
    52    Section 1. Section 14-130 of the election law, as added by chapter 152

    53  of the laws of 1985, is amended to read as follows:

        A. 7393                            28
 
     1    § 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    §  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    §  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    § 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    §  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    §  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    § 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    § 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.
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