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SB6774 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6774

                                   I N  S E N A T E

                                     March 7, 2014
                                      ___________

       Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules

       AN ACT to amend the criminal procedure law, in relation  to  the  prose-
         cution  of misconduct by public servants, and in relation to including
         corrupting the government within  the  definition  of  a    designated
         offense; to amend the penal law, in relation to establishing the crime
         of  corrupting the government, requires the intent to influence within
         the crime of bribery, and expands the crime  of  bribe  receiving;  to
         amend the legislative law, in relation to lobbying; to amend the state
         finance  law,  in  relation  to  cancellation  and disqualification of
         certain contracts; to amend the  civil  practice  law  and  rules,  in
         relation  to  including the crime of public corruption within the term
         of preconviction forfeiture crime; to amend the public  officers  law,
         in  relation to persons deemed incapable of holding a civil office; to
         amend the real property tax law,  in  relation  to  certain  exemption
         limitations;  to amend the general municipal law, in relation to limi-
         tations on empire zone designation; to amend the tax law, in  relation
         to  certain  tax credit limitations; to amend the public officers law,
         in relation to financial disclosure and to repeal  section  195.20  of
         the penal law relating to defrauding the government

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act shall be known as the "Public Trust Act".
    2    S 2. Paragraph (b) of subdivision 3 of section 30.10 of  the  criminal
    3  procedure law is amended to read as follows:
    4    (b)  A  prosecution  for  any  offense  involving misconduct in public
    5  office by a public servant INCLUDING,  WITHOUT  LIMITATION,  AN  OFFENSE
    6  DEFINED  IN  ARTICLE  FOUR  HUNDRED  NINETY-SIX OF THE PENAL LAW, may be
    7  commenced AGAINST A PUBLIC  SERVANT,  OR  ANY  OTHER  PERSON  ACTING  IN
    8  CONCERT  WITH  SUCH  PUBLIC SERVANT at any time during [the defendant's]
    9  SUCH PUBLIC SERVANT'S service in such office or within five years  after
   10  the  termination  of  such  service;  provided however, that in no event
   11  shall the period of limitation be  extended  by  more  than  five  years

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14374-01-4
       S. 6774                             2

    1  beyond  the  period  otherwise  applicable under subdivision two OF THIS
    2  SECTION.
    3    S 3. Section 50.10 of the criminal procedure law is amended to read as
    4  follows:
    5  S  50.10  Compulsion  of  evidence  by offer of immunity; definitions of
    6              terms.
    7    The following definitions are applicable to this article:
    8    1.  "Immunity."  BASED UPON THE SUBJECT MATTER OF THE LEGAL PROCEEDING
    9  IN WHICH A PERSON GIVES EVIDENCE, SUCH PERSON MAY RECEIVE EITHER  "TRAN-
   10  SACTIONAL" OR "USE" IMMUNITY.
   11    (A)  "TRANSACTIONAL  IMMUNITY."  A  person who has been a witness in a
   12  legal proceeding, and who cannot, except as otherwise provided  in  this
   13  subdivision,  be convicted of any offense or subjected to any penalty or
   14  forfeiture for or  on  account  of  any  transaction,  matter  or  thing
   15  concerning which he gave evidence therein, possesses ["immunity"] "TRAN-
   16  SACTIONAL IMMUNITY" from any such conviction, penalty or forfeiture.
   17    (B)  "USE  IMMUNITY."    A  PERSON  WHO  HAS BEEN A WITNESS IN A LEGAL
   18  PROCEEDING, AND NEITHER THE EVIDENCE  GIVEN  BY  THAT  WITNESS  NOR  ANY
   19  EVIDENCE  DERIVED  DIRECTLY  OR INDIRECTLY THEREFROM MAY BE USED AGAINST
   20  THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO-
   21  SITION OF ANY PENALTY OR FORFEITURE POSSESSES "USE IMMUNITY".
   22    (C) A person who possesses [such] TRANSACTIONAL IMMUNITY OR USE  immu-
   23  nity  may  nevertheless  be  convicted  of perjury as a result of having
   24  given false testimony in such legal proceeding, and may be convicted  of
   25  or  adjudged in contempt as a result of having contumaciously refused to
   26  give evidence therein, AND THE EVIDENCE  GIVEN  BY  THE  PERSON  AT  THE
   27  PROCEEDING  AT  WHICH THE PERSON POSSESSED EITHER TRANSACTIONAL IMMUNITY
   28  OR USE IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY SUCH  PROSECUTION
   29  FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT.
   30    2.  "Legal  proceeding"  means  a proceeding in or before any court or
   31  grand jury, or before any body, agency or person authorized  by  law  to
   32  conduct  the same and to administer the oath or to cause it to be admin-
   33  istered.
   34    3. "Give evidence" means to testify or produce physical evidence.
   35    S 4. Subdivision 3 of section 50.20 of the criminal procedure  law  is
   36  amended to read as follows:
   37    3.   A witness who is ordered to give evidence pursuant to subdivision
   38  two OF THIS SECTION and who complies with  such  order  receives  EITHER
   39  TRANSACTIONAL  IMMUNITY  OR  USE  immunity. [Such] IN A LEGAL PROCEEDING
   40  INVOLVING, IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE  OR  NEGLECT
   41  IN  PUBLIC OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR
   42  ANY FRAUD UPON THE STATE, A POLITICAL SUBDIVISION  OF  THE  STATE  OR  A
   43  GOVERNMENTAL  INSTRUMENTALITY WITHIN THE STATE SUCH WITNESS RECEIVES USE
   44  IMMUNITY. A WITNESS IN A LEGAL PROCEEDING INVOLVING  ANY  OTHER  SUBJECT
   45  MATTER  RECEIVES TRANSACTIONAL IMMUNITY. IN EITHER CASE, SUCH witness is
   46  not deprived of such immunity because such competent authority  did  not
   47  comply  with statutory provisions requiring notice to a specified public
   48  servant of intention to confer immunity.
   49    S 5. Paragraph (b) of subdivision 1 of section 170.30 of the  criminal
   50  procedure  law  is  amended, and a new subdivision 4 is added to read as
   51  follows:
   52    (b)  The defendant has received immunity from prosecution  AS  DEFINED
   53  IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER for
   54  the  offense  charged,  pursuant to sections 50.20 or 190.40, OR ALLEGA-
   55  TIONS IN THE INFORMATION, SIMPLIFIED INFORMATION, PROSECUTOR'S  INFORMA-
   56  TION  OR  MISDEMEANOR  COMPLAINT  ARE BASED ON EVIDENCE PROTECTED BY USE
       S. 6774                             3

    1  IMMUNITY AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 50.10
    2  OF THIS CHAPTER; or
    3    4. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT USE IMMU-
    4  NITY HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH,
    5  BY  A PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
    6  DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
    7  CONFERRED.
    8    S  6.  Subdivision  2 of section 190.40 of the criminal procedure law,
    9  paragraph (c) as added by chapter 454 of the laws of 1975, is amended to
   10  read as follows:
   11    2.  A witness who gives evidence in a grand jury proceeding INVOLVING,
   12  IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR  NEGLECT  IN  PUBLIC
   13  OFFICE  BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR ANY FRAUD
   14  UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR  A  GOVERNMENTAL
   15  INSTRUMENTALITY  WITHIN THE STATE receives USE immunity.  A WITNESS IN A
   16  GRAND JURY PROCEEDING INVOLVING ANY OTHER SUBJECT MATTER RECEIVES  TRAN-
   17  SACTIONAL  IMMUNITY. IN EITHER CASE, SUCH WITNESS RECEIVES SUCH IMMUNITY
   18  unless:
   19    (a)   He OR SHE has  effectively  waived  such  immunity  pursuant  to
   20  section 190.45; or
   21    (b)  Such evidence is not responsive to any inquiry and is gratuitous-
   22  ly  given  or  volunteered  by the witness with knowledge that it is not
   23  responsive[.] ; OR
   24    (c)  The evidence given by the witness consists only of books, papers,
   25  records or other physical evidence  of  an  enterprise,  as  defined  in
   26  subdivision  one  of  section 175.00 of the penal law, the production of
   27  which is required by a subpoena duces tecum, and the  witness  does  not
   28  possess  a  privilege  against  self-incrimination  with  respect to the
   29  production of such evidence.  Any further evidence given by the  witness
   30  entitles  the  witness  to immunity except as provided in [subparagraph]
   31  PARAGRAPHS (a) and (b) of this subdivision.
   32    S 7. Paragraph (d) of subdivision 1 of section 210.20 of the  criminal
   33  procedure law is amended to read as follows:
   34    (d)  The defendant has TRANSACTIONAL immunity, AS DEFINED IN PARAGRAPH
   35  (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER, with respect to
   36  the offense charged, pursuant to section 50.20 or 190.40; or
   37    S  7-a.  Section  210.35  of  the criminal procedure law is amended by
   38  adding a new subdivision 4-a to read as follows:
   39    4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
   40  MENT; OR
   41    S 8. The opening paragraph and subdivisions 6 and 7 of section  710.20
   42  of  the  criminal procedure law, the opening paragraph and subdivision 6
   43  as amended by chapter 8 of the laws of 1976, subdivision 7 as  added  by
   44  chapter  744  of  the  laws  of 1988, and subdivision 6 as renumbered by
   45  chapter 481 of the laws of 1983, are amended and a new subdivision 8  is
   46  added to read as follows:
   47    Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
   48  er acquisition of evidence and has reasonable cause to believe that such
   49  may  be  offered  against  him  in a criminal action, or (b) claims that
   50  improper identification testimony may be offered against him in a crimi-
   51  nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
   52  POSSESSES IMMUNITY, AS DEFINED IN PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
   53  SECTION  50.10 OF THIS CHAPTER, MAY BE OFFERED AGAINST HIM IN A CRIMINAL
   54  ACTION, a court may, under circumstances  prescribed  in  this  article,
   55  order  that such evidence be suppressed or excluded upon the ground that
   56  it:
       S. 6774                             4

    1    6.  Consists of potential testimony regarding an  observation  of  the
    2  defendant  either  at the time or place of the commission of the offense
    3  or upon some other occasion relevant to the case, which potential testi-
    4  mony would not be admissible upon the prospective trial of  such  charge
    5  owing  to an improperly made previous identification of the defendant by
    6  the prospective witness[.]; OR
    7    7. Consists of information obtained by means of a pen register or trap
    8  and trace device installed or used in violation  of  the  provisions  of
    9  article seven hundred five of this chapter[.]; OR
   10    8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
   11  POSSESSES  IMMUNITY.  WHERE  THE DEFENDANT ESTABLISHES THAT USE IMMUNITY
   12  HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
   13  PREPONDERANCE OF THE EVIDENCE,  THAT  SUCH  EVIDENCE  WAS  NOT  DERIVED,
   14  DIRECTLY  OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY WAS
   15  CONFERRED.
   16    S 9. Subdivision 8 of section 700.05 of the criminal procedure law  is
   17  amended by adding a new paragraph (u) to read as follows:
   18    (U)  ANY  OFFENSE  DEFINED  IN  ARTICLE FOUR HUNDRED NINETY-SIX OF THE
   19  PENAL LAW, OFFICIAL MISCONDUCT IN THE THIRD DEGREE AS DEFINED IN SECTION
   20  195.00 OF THE PENAL LAW, OFFICIAL MISCONDUCT IN  THE  SECOND  DEGREE  AS
   21  DEFINED  IN  SECTION 195.01 OF THE PENAL LAW, AND OFFICIAL MISCONDUCT IN
   22  THE FIRST DEGREE AS DEFINED IN SECTION 195.02 OF THE PENAL LAW.
   23    S 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
   24  procedure law, as amended by chapter 154 of the laws of 1990, is amended
   25  to read as follows:
   26    (f) Bribery in the third degree, bribery in the second degree, bribery
   27  in the first degree, bribe receiving in the third degree, bribe  receiv-
   28  ing  in  the  second  degree, bribe receiving in the first degree, bribe
   29  giving for public office, FAILURE TO REPORT BRIBERY, and bribe receiving
   30  for public office, as defined in article two hundred of the penal law;
   31    S 10-a. Subdivision 4 of section 710.60 of the criminal procedure law,
   32  as amended by chapter 39 of the laws of 1975,  is  amended  to  read  as
   33  follows:
   34    4.  If  the  court does not determine the motion pursuant to [subdivi-
   35  sions] SUBDIVISION two or three, it must  conduct  a  hearing  and  make
   36  findings  of  fact  essential  to the determination thereof. All persons
   37  giving factual information at such  hearing  must  testify  under  oath,
   38  except  that  unsworn  evidence  pursuant  to subdivision two of section
   39  60.20 of this chapter may also be received. Upon such  hearing,  hearsay
   40  evidence is admissible to establish any material fact.  A HEARING GRANT-
   41  ED  UNDER  THIS  SUBDIVISION  PURSUANT  TO A MOTION TO SUPPRESS EVIDENCE
   42  DESCRIBED IN SUBDIVISION EIGHT OF SECTION 710.20 OF THIS ARTICLE MAY, IN
   43  THE DISCRETION OF THE COURT, BE CONDUCTED AFTER THE TRIAL OF THE MATTER.
   44    S 11. Section 195.20 of the penal law is REPEALED.
   45    S 12. Section 195.00 of the penal law, as amended by  chapter  906  of
   46  the laws of 1990, is amended to read as follows:
   47  S 195.00 Official misconduct IN THE THIRD DEGREE.
   48    A  public servant is guilty of official misconduct IN THE THIRD DEGREE
   49  when, with intent to obtain a benefit or deprive  another  person  of  a
   50  benefit:
   51    1.  He OR SHE commits an act relating to his OR HER office but consti-
   52  tuting an unauthorized exercise of his OR HER official functions,  know-
   53  ing that such act is unauthorized; or
   54    2.  He  OR  SHE  knowingly  refrains  from  performing a duty which is
   55  imposed upon him OR HER by law or is clearly inherent in the  nature  of
   56  his OR HER office.
       S. 6774                             5

    1    Official  misconduct  IN THE THIRD DEGREE is a class [A misdemeanor] E
    2  FELONY.
    3    S  13.  The penal law is amended by adding two new sections 195.01 and
    4  195.02 to read as follows:
    5  S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
    6    A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
    7  WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
    8  DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
    9  BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
   10    OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
   11  S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
   12    A  PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
   13  WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
   14  DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
   15  BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
   16    OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
   17    S  14. Part 4 of the penal law is amended by adding a new title Y-2 to
   18  read as follows:
   19                                  TITLE Y-2
   20                          CORRUPTING THE GOVERNMENT

   21                                 ARTICLE 496
   22                          CORRUPTING THE GOVERNMENT

   23  SECTION 496.01 DEFINITIONS.
   24          496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
   25          496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
   26          496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
   27          496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
   28          496.06 PUBLIC CORRUPTION.
   29          496.07 SENTENCING.
   30  S 496.01 DEFINITIONS.
   31    FOR THE PURPOSES OF THIS ARTICLE, "SCHEME" MEANS  ANY  PLAN,  PATTERN,
   32  DEVICE, CONTRIVANCE, OR COURSE OF ACTION.
   33  S 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
   34    A  PERSON  IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE
   35  WHEN HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
   36  COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
   37  TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
   38  TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
   39  RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
   40  INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
   41  PROMISES.
   42    CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE IS A CLASS E FELONY.
   43  S 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
   44    A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  THIRD  DEGREE
   45  WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
   46  COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
   47  TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
   48  TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
   49  RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
   50  INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
   51  PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
   52  VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
   53    CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
   54  S 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
       S. 6774                             6

    1    A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE  SECOND  DEGREE
    2  WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
    3  COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
    4  TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
    5  TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
    6  RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
    7  INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
    8  PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER  RESOURCES  WITH  A
    9  VALUE IN EXCESS OF FIVE THOUSAND DOLLARS.
   10    CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
   11  S 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
   12    A  PERSON  IS  GUILTY OF CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE
   13  WHEN HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
   14  COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
   15  TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
   16  TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
   17  RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
   18  INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
   19  PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER  RESOURCES  WITH  A
   20  VALUE IN EXCESS OF TEN THOUSAND DOLLARS.
   21    CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
   22  S 496.06 PUBLIC CORRUPTION.
   23    1.  A  PERSON  COMMITS  THE  CRIME OF PUBLIC CORRUPTION WHEN HE OR SHE
   24  COMMITS A SPECIFIED OFFENSE AND THE STATE OR ANY  POLITICAL  SUBDIVISION
   25  THEREOF  OR  ANY  GOVERNMENTAL  INSTRUMENTALITY  WITHIN THE STATE IS THE
   26  OWNER OF THE PROPERTY OR HAS CONTROL  OVER  THE  SERVICES  AT  ISSUE  OR
   27  OTHERWISE  HAS THE RIGHT TO POSSESSION OF THE PROPERTY OR BENEFIT TAKEN,
   28  OBTAINED OR WITHHELD SUPERIOR TO THAT PERSON OR IS OTHERWISE THE  VICTIM
   29  OF SUCH OFFENSE.
   30    2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
   31  PROVISIONS  OF  THIS  CHAPTER:   SECTION 155.25 (PETIT LARCENY); SECTION
   32  155.30 (GRAND LARCENY IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND
   33  LARCENY  IN  THE  THIRD  DEGREE);  SECTION  155.40 (GRAND LARCENY IN THE
   34  SECOND DEGREE); SECTION 155.42 (GRAND  LARCENY  IN  THE  FIRST  DEGREE);
   35  SECTION  156.05  (UNAUTHORIZED USE OF A COMPUTER); SECTION 165.05 (UNAU-
   36  THORIZED USE OF A VEHICLE IN THE THIRD DEGREE); 165.06 (UNAUTHORIZED USE
   37  OF A VEHICLE IN THE SECOND DEGREE); 165.08 (UNAUTHORIZED USE OF A  VEHI-
   38  CLE  IN  THE  FIRST  DEGREE);  470.05  (MONEY  LAUNDERING  IN THE FOURTH
   39  DEGREE); 470.10 (MONEY LAUNDERING IN THE THIRD  DEGREE);  470.15  (MONEY
   40  LAUNDERING  IN THE SECOND DEGREE); 470.20 (MONEY LAUNDERING IN THE FIRST
   41  DEGREE).
   42  S 496.07 SENTENCING.
   43    1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSU-
   44  ANT TO SECTION 496.06 OF THIS ARTICLE AND THE  SPECIFIED  OFFENSE  IS  A
   45  MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE
   46  ONE  CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED,
   47  OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE  DEFEND-
   48  ANT'S  CONVICTION  FOR  AN  ATTEMPT  OR CONSPIRACY TO COMMIT A SPECIFIED
   49  OFFENSE, WHICHEVER IS APPLICABLE.
   50    2. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
   51  CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSUANT TO THIS ARTICLE AND
   52  THE SPECIFIED OFFENSE IS A CLASS B FELONY:
   53    (A)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
   54  SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
   55  THIS CHAPTER; AND
       S. 6774                             7

    1    (B)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
    2  TEN YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.06  OF
    3  THIS CHAPTER.
    4    S  15.  Subdivision 4 of section 200.50 of the criminal procedure law,
    5  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
    6  follows:
    7    4.  A statement in each count that the grand jury, or, where the accu-
    8  satory instrument is a superior court information, the  district  attor-
    9  ney,  accuses  the  defendant  or  defendants  of  a designated offense,
   10  provided that in any prosecution under article four hundred  eighty-five
   11  of the penal law, the designated offense shall be the specified offense,
   12  as  defined  in  subdivision  three  of section 485.05 of the penal law,
   13  followed by the phrase "as a hate crime", and provided further  that  in
   14  any  prosecution  under  section 490.25 of the penal law, the designated
   15  offense shall be the specified offense, as defined in subdivision  three
   16  of  section  490.05 of the penal law, followed by the phrase "as a crime
   17  of terrorism"; and  provided  further  that  in  any  prosecution  under
   18  section  130.91  of  the  penal law, the designated offense shall be the
   19  specified offense, as defined in subdivision two of  section  130.91  of
   20  the  penal law, followed by the phrase "as a sexually motivated felony";
   21  AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 496.06 OF THE
   22  PENAL LAW, THE DESIGNATED OFFENSE SHALL BE  THE  SPECIFIED  OFFENSE,  AS
   23  DEFINED IN SUBDIVISION TWO OF SUCH SECTION, FOLLOWED BY THE PHRASE "AS A
   24  PUBLIC CORRUPTION CRIME"; and
   25    S  16.  Paragraph  (a) of subdivision 1 of section 460.10 of the penal
   26  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
   27  as follows:
   28    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
   29  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   30  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
   31  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   32  135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
   33  ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
   34  and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
   35  relating to criminal mischief; article one  hundred  fifty  relating  to
   36  arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
   37  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
   38  care  fraud;  article  one  hundred  sixty relating to robbery; sections
   39  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
   40  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
   41  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
   42  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
   43  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
   44  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
   45  to  criminal  diversion  of  prescription medications and prescriptions;
   46  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 195.00, 195.01,
   47  195.02, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22,
   48  200.25,  200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
   49  187.10, 187.15, 187.20  and  187.25  relating  to  residential  mortgage
   50  fraud,  sections  190.40  and 190.42 relating to criminal usury; section
   51  190.65 relating to schemes to defraud; ANY OFFENSE  DEFINED  IN  ARTICLE
   52  FOUR  HUNDRED NINETY-SIX; sections 205.60 and 205.65 relating to hinder-
   53  ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
   54  and  contempt;  section  215.40  relating  to  tampering  with  physical
   55  evidence;  sections  220.06,  220.09,  220.16,  220.18,  220.21, 220.31,
   56  220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relat-
       S. 6774                             8

    1  ing to controlled substances; sections 225.10  and  225.20  relating  to
    2  gambling;  sections  230.25,  230.30,  and  230.32 relating to promoting
    3  prostitution; section  230.34  relating  to  sex  trafficking;  sections
    4  235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
    5  and  263.15  relating  to  promoting  a  sexual  performance by a child;
    6  sections  265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and   the
    7  provisions  of  section  265.10  which  constitute  a felony relating to
    8  firearms and other dangerous weapons; [and] sections 265.14  and  265.16
    9  relating  to  criminal  sale of a firearm; [and] section 275.10, 275.20,
   10  275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
   11  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   12    S  17.  Section  200.00 of the penal law, as amended by chapter 833 of
   13  the laws of 1986, is amended to read as follows:
   14  S 200.00 Bribery in the third degree.
   15    A person is guilty of bribery in the  third  degree  when  he  OR  SHE
   16  confers,  or offers or agrees to confer, any benefit upon a public serv-
   17  ant [upon an agreement or understanding that] WITH THE INTENT TO  INFLU-
   18  ENCE,  IN  WHOLE  OR IN PART, such public servant's vote, opinion, judg-
   19  ment, action, decision or exercise of discretion  as  a  public  servant
   20  [will thereby be influenced].
   21    Bribery in the third degree is a class D felony.
   22    S  18.  Section  200.03 of the penal law, as amended by chapter 833 of
   23  the laws of 1986, is amended to read as follows:
   24  S 200.03 Bribery in the second degree.
   25    A person is guilty of bribery in the second  degree  when  he  OR  SHE
   26  confers,  or offers or agrees to confer, any benefit valued in excess of
   27  [ten] FIVE thousand dollars upon a public servant [upon an agreement  or
   28  understanding  that]  WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART,
   29  such public servant's vote, opinion, judgment, action, decision or exer-
   30  cise of discretion as a public servant [will thereby be influenced].
   31    Bribery in the second degree is a class C felony.
   32    S 19. Section 200.04 of the penal law, as added by chapter 276 of  the
   33  laws of 1973, is amended to read as follows:
   34  S 200.04 Bribery in the first degree.
   35    A  person  is  guilty  of  bribery  in the first degree when he OR SHE
   36  confers, or offers or agrees to confer[,]: (A) any benefit upon a public
   37  servant [upon an agreement or understanding that]  WITH  THE  INTENT  TO
   38  INFLUENCE  such  public servant's vote, opinion, judgment, action, deci-
   39  sion or exercise of discretion as a  public  servant  [will  thereby  be
   40  influenced]  in  the  investigation,  arrest,  detention, prosecution or
   41  incarceration of any person for the commission or alleged commission  of
   42  a  class  A  felony  defined in article two hundred twenty of [the penal
   43  law] THIS PART or an attempt to commit any such class A felony;  OR  (B)
   44  ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS UPON A PUBLIC SERV-
   45  ANT WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART, SUCH PUBLIC SERV-
   46  ANT'S   VOTE,   OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF
   47  DISCRETION AS A PUBLIC SERVANT.
   48    Bribery in the first degree is a class B felony.
   49    S 20. Section 200.05 of the penal law is amended to read as follows:
   50  S 200.05 Bribery; defense; LIMITATIONS.
   51    1. In any prosecution for bribery, it is a defense that the  defendant
   52  conferred or agreed to confer the benefit involved upon the public serv-
   53  ant  involved  as a result of conduct of the latter constituting larceny
   54  committed by means of extortion, or an attempt to commit  the  same,  or
   55  coercion, or an attempt to commit coercion;
       S. 6774                             9

    1    2.  IN  ANY  PROSECUTION  PURSUANT  TO SECTION 200.00, 200.03, 200.04,
    2  200.10, 200.11, 200.12, 200.45 OR 200.50  OF  THIS  ARTICLE,  NO  PERSON
    3  SHALL  BE  HELD  TO  HAVE  VIOLATED SUCH SECTIONS WHERE THE BENEFIT IS A
    4  CAMPAIGN CONTRIBUTION THAT IS PERMISSIBLE UNDER ARTICLE FOURTEEN OF  THE
    5  ELECTION  LAW  OR A COMPARABLE APPLICABLE PROVISION OF FEDERAL LAW, IS A
    6  LOBBYING EXPENSE THAT IS LEGAL UNDER ARTICLE ONE-A  OF  THE  LEGISLATIVE
    7  LAW  OR, PURSUANT TO SUBDIVISION (J) OF SECTION ONE-C OF THE LEGISLATIVE
    8  LAW IS EXCLUDABLE FROM THE DEFINITION OF  A  GIFT,  UNLESS  SUCH  PERSON
    9  CONFERS, OR OFFERS OR AGREES TO CONFER, SUCH BENEFIT UPON A PUBLIC SERV-
   10  ANT  UPON AN AGREEMENT OR UNDERSTANDING THAT SUCH PUBLIC SERVANT'S VOTE,
   11  OPINION, JUDGMENT, ACTION, DECISION  OR  EXERCISE  OF  DISCRETION  AS  A
   12  PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
   13    S  21.  Section  200.10 of the penal law, as amended by chapter 833 of
   14  the laws of 1986, is amended to read as follows:
   15  S 200.10 Bribe receiving in the third degree.
   16    A public servant is guilty of bribe receiving in the third degree when
   17  he OR SHE:
   18    1. solicits, accepts or agrees to  accept  any  benefit  from  another
   19  person upon an agreement or understanding that his OR HER vote, opinion,
   20  judgment, action, decision or exercise of discretion as a public servant
   21  will thereby be influenced[.]; OR
   22    2.  SOLICITS,  ACCEPTS OR AGREES TO ACCEPT A GIFT OF MORE THAN NOMINAL
   23  VALUE FROM ANOTHER PERSON FOR, BECAUSE OF, OR AS CONSIDERATION  FOR  HIS
   24  OR  HER  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF
   25  DISCRETION AS A PUBLIC SERVANT.
   26    Bribe receiving in the third degree is a class D felony.
   27    S 22. Section 200.11 of the penal law, as added by chapter 833 of  the
   28  laws of 1986, is amended to read as follows:
   29  S 200.11 Bribe receiving in the second degree.
   30    A  public  servant  is  guilty of bribe receiving in the second degree
   31  when he OR SHE solicits, accepts or agrees to accept any benefit  valued
   32  in  excess  of  [ten] FIVE thousand dollars from another person [upon an
   33  agreement or understanding that], FOR, BECAUSE OF, OR  AS  CONSIDERATION
   34  FOR  his OR HER vote, opinion, judgment, action, decision or exercise of
   35  discretion as a public servant [will thereby be influenced].
   36    Bribe receiving in the second degree is a class C felony.
   37    S 23. Section 200.12 of the penal law, as added by chapter 276 of  the
   38  laws of 1973, is amended to read as follows:
   39  S 200.12 Bribe receiving in the first degree.
   40    A public servant is guilty of bribe receiving in the first degree when
   41  he  OR  SHE  solicits, accepts or agrees to accept: (A) any benefit from
   42  another person [upon an agreement or understanding that],  FOR,  BECAUSE
   43  OF,  OR AS CONSIDERATION FOR his OR HER vote, opinion, judgment, action,
   44  decision or exercise of discretion as a public servant [will thereby  be
   45  influenced]  in  the  investigation,  arrest,  detention, prosecution or
   46  incarceration of any person for the commission or alleged commission  of
   47  a  class  A  felony  defined in article two hundred twenty of [the penal
   48  law] THIS PART or an attempt to commit any such class A felony;  OR  (B)
   49  ANY  BENEFIT  VALUED  IN  EXCESS  OF  TEN  THOUSAND DOLLARS FROM ANOTHER
   50  PERSON, FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS OR HER VOTE,  OPIN-
   51  ION,  JUDGMENT,  ACTION,  DECISION OR EXERCISE OF DISCRETION AS A PUBLIC
   52  SERVANT.
   53    Bribe receiving in the first degree is a class B felony.
   54    S 24. Section 200.45 of the penal law is amended to read as follows:
   55  S 200.45 Bribe giving for public office.
       S. 6774                            10

    1    A person is guilty of bribe giving for public office when  he  OR  SHE
    2  confers, or offers or agrees to confer, any money or other property upon
    3  a  public servant or a party officer [upon an agreement or understanding
    4  that] , FOR, BECAUSE OF, OR AS CONSIDERATION THAT some  person  will  or
    5  may  be  appointed  to  a  public office or designated or nominated as a
    6  candidate for public office.
    7    Bribe giving for public office is a class D felony.
    8    S 25. Section 200.50 of the penal law is amended to read as follows:
    9  S 200.50 Bribe receiving for public office.
   10    A public servant or a party officer is guilty of bribe  receiving  for
   11  public  office  when he OR SHE solicits, accepts or agrees to accept any
   12  money or other property from another person [upon an agreement or under-
   13  standing that], FOR, BECAUSE OF, OR AS CONSIDERATION  THAT  some  person
   14  will  or  may be appointed to a public office or designated or nominated
   15  as a candidate for public office.
   16    Bribe receiving for public office is a class D felony.
   17    S 26. The penal law is amended by adding a new section 200.56 to  read
   18  as follows:
   19  S 200.56 FAILURE TO REPORT BRIBERY.
   20    1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT BRIBERY WHEN:
   21    (A)  THE  PUBLIC  SERVANT  KNOWS  THAT ANOTHER PERSON HAS ATTEMPTED TO
   22  BRIBE SUCH PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN  THIS  ARTICLE,
   23  OR  SUCH  PUBLIC  SERVANT HAS WITNESSED OR HAS KNOWLEDGE OF EITHER (I) A
   24  PERSON COMMITTING ANY DEGREE OF THE CRIME OF BRIBERY  OR  ATTEMPTING  TO
   25  COMMIT  BRIBERY OF ANOTHER PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN
   26  THIS ARTICLE OR (II) ANOTHER PUBLIC SERVANT COMMITTING ANY DEGREE OF THE
   27  CRIME OF BRIBE RECEIVING, AS DEFINED IN THIS ARTICLE; AND
   28    (B) SUCH PUBLIC SERVANT DOES NOT, AS SOON AS  REASONABLY  PRACTICABLE,
   29  REPORT SUCH CRIME TO A DISTRICT ATTORNEY.
   30    2.  ANY  PUBLIC SERVANT WHO MAKES A REPORT AS REQUIRED BY THIS SECTION
   31  SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL
   32  ACTION AS A RESULT OF MAKING SUCH REPORT.
   33    FAILURE TO REPORT BRIBERY IS A CLASS A MISDEMEANOR.
   34    S 27. Subdivision 1 of section 80.00 of the penal law, as  amended  by
   35  chapter 338 of the laws of 1989, is amended to read as follows:
   36    1. A sentence to pay a fine for a felony shall be a sentence to pay an
   37  amount, fixed by the court, not exceeding the higher of
   38    a. five thousand dollars; or
   39    b.  double  the  amount of the defendant's gain from the commission of
   40  the crime OR, IF THE DEFENDANT IS CONVICTED OF A CRIME DEFINED IN  ARTI-
   41  CLE  FOUR  HUNDRED  NINETY-SIX  OF  THIS  CHAPTER, ANY HIGHER AMOUNT NOT
   42  EXCEEDING THREE TIMES THE  AMOUNT  OF  THE  DEFENDANT'S  GAIN  FROM  THE
   43  COMMISSION OF SUCH OFFENSE; or
   44    c.  if the conviction is for any felony defined in article two hundred
   45  twenty or two hundred twenty-one  of  this  chapter,  according  to  the
   46  following schedule:
   47    (i) for A-I felonies, one hundred thousand dollars;
   48    (ii) for A-II felonies, fifty thousand dollars;
   49    (iii) for B felonies, thirty thousand dollars;
   50    (iv) for C felonies, fifteen thousand dollars.
   51  When  imposing  a fine pursuant to the provisions of this paragraph, the
   52  court shall consider the profit gained by defendant's  conduct,  whether
   53  the  amount  of  the  fine  is  disproportionate to the conduct in which
   54  defendant engaged, its impact on any victims, and  defendant's  economic
   55  circumstances,  including  the defendant's ability to pay, the effect of
       S. 6774                            11

    1  the fine upon his or her immediate family or any other persons  to  whom
    2  the defendant owes an obligation of support.
    3    S  28.  Subdivision  1 of section 80.10 of the penal law is amended to
    4  read as follows:
    5    1. In general. A sentence to pay a fine, when imposed on a corporation
    6  for an offense defined in this chapter or for an offense defined outside
    7  this chapter for which no special corporate fine is specified, shall  be
    8  a sentence to pay an amount, fixed by the court, not exceeding:
    9    (a) Ten thousand dollars, when the conviction is of a felony;
   10    (b)  Five thousand dollars, when the conviction is of a class A misde-
   11  meanor or of an unclassified misdemeanor for which a term  of  imprison-
   12  ment in excess of three months is authorized;
   13    (c)  Two  thousand dollars, when the conviction is of a class B misde-
   14  meanor or of an unclassified misdemeanor for which the  authorized  term
   15  of imprisonment is not in excess of three months;
   16    (d) Five hundred dollars, when the conviction is of a violation;
   17    (e)  Any  higher  amount not exceeding double the amount of the corpo-
   18  ration's gain from the commission of the offense OR, IF THE  CORPORATION
   19  IS  CONVICTED  OF  A CRIME DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF
   20  THIS CHAPTER, ANY HIGHER AMOUNT NOT EXCEEDING THREE TIMES THE AMOUNT  OF
   21  THE CORPORATION'S GAIN FROM THE COMMISSION OF SUCH OFFENSE.
   22    S  29. Subdivision (a) of section 1-c of the legislative law, as added
   23  by chapter 2 of the laws of 1999, is amended to read as follows:
   24    (a) The term  "lobbyist"  shall  mean  every  person  or  organization
   25  retained,  employed  or  designated by any client to engage in lobbying.
   26  The term "lobbyist" shall not include any  officer,  director,  trustee,
   27  employee, counsel or agent of the state, or any municipality or subdivi-
   28  sion  thereof of New York when discharging their official duties; except
   29  those officers, directors, trustees, employees, counsels, or  agents  of
   30  colleges, as defined by section two of the education law.  PROVIDED THAT
   31  ANY  INDIVIDUAL  WHO  STANDS CONVICTED OF A CRIME DEFINED IN ARTICLE TWO
   32  HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01  OR  195.02
   33  OF  THE  PENAL  LAW  MAY  NOT BE RETAINED, EMPLOYED OR DESIGNATED BY ANY
   34  CLIENT TO ENGAGE IN LOBBYING.
   35    S 30. Section 139-a of the state finance law, as  amended  by  chapter
   36  268 of the laws of 1971, is amended to read as follows:
   37    S  139-a. Ground for cancellation of contract by state. A clause shall
   38  be inserted in all specifications or contracts hereafter made or awarded
   39  by the state or any public department, agency or official  thereof,  for
   40  work  or  services  performed or to be performed, or goods sold or to be
   41  sold, to provide that: (A) upon the refusal by  a  person,  when  called
   42  before a grand jury, head of a state department, temporary state commis-
   43  sion  or  other  state  agency, or the organized crime task force in the
   44  department of law, which  is  empowered  to  compel  the  attendance  of
   45  witnesses  and  examine them under oath, to testify in an investigation,
   46  concerning any transaction or contract had with the state, any political
   47  subdivision thereof, a public authority or with any  public  department,
   48  agency  or official of the state or of any political subdivision thereof
   49  or of a public authority, to sign a waiver of  immunity  against  subse-
   50  quent criminal prosecution or to answer any relevant question concerning
   51  such  transaction  or contract; OR (B) UPON THE CONVICTION OF ANY PERSON
   52  OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED  NINETY-SIX
   53  OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW,
   54    [(a)]  (I)  such  person,  and any firm, partnership or corporation of
   55  which he is a member, partner, director or officer shall be disqualified
   56  from thereafter selling to or submitting bids  to  or  receiving  awards
       S. 6774                            12

    1  from or entering into any contracts with the state or any public depart-
    2  ment,  agency  or  official  thereof, for goods, work or services, for a
    3  period of five years after such  refusal,  OR  UPON  CONVICTION  OF  ANY
    4  OFFENSE  DEFINED  IN  ARTICLE  TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR
    5  SECTION 195.00, 195.01 OR 195.02 OF THE PENAL  LAW,  FOR  LIFE,  and  to
    6  provide also that
    7    [(b)]  (II)  any  and  all contracts made with the state or any public
    8  department, agency or official thereof, since the effective date of this
    9  law, by such person, and by any  firm,  partnership  or  corporation  of
   10  which  he  is a member, partner, director or officer may be cancelled or
   11  terminated by the state without incurring  any  penalty  or  damages  on
   12  account of such cancellation or termination, but any monies owing by the
   13  state  for  goods  delivered  or  work done prior to the cancellation or
   14  termination shall be paid.
   15    S 31. Section 139-b of the state finance law, as  amended  by  chapter
   16  268 of the laws of 1971, is amended to read as follows:
   17    S  139-b.  Disqualification to contract with state. 1. Any person who,
   18  when called before a grand jury, head of a state  department,  temporary
   19  state  commission  or  other  state  agency, or the organized crime task
   20  force in the department of law, which is empowered to compel the attend-
   21  ance of witnesses and examine them under oath, to testify in an investi-
   22  gation, concerning any transaction or contract had with the  state,  any
   23  political  subdivision  thereof,  a  public  authority  or with a public
   24  department, agency or official of the state or of any political subdivi-
   25  sion thereof or of a public authority, refuses to sign a waiver of immu-
   26  nity against subsequent criminal prosecution or to answer  any  relevant
   27  question concerning such transaction or contract, and any firm, partner-
   28  ship  or corporation of which [he] ANY SUCH PERSON is a member, partner,
   29  director or officer shall be disqualified from thereafter selling to  or
   30  submitting  bids  to  or  receiving  awards  from  or  entering into any
   31  contracts with the state or any public department,  agency  or  official
   32  thereof,  for  goods, work or services, for a period of five years after
   33  such refusal or until a disqualification shall be  removed  pursuant  to
   34  the provisions of section one hundred thirty-nine-c of this article.
   35    It  shall  be  the  duty  of  the officer conducting the investigation
   36  before the grand jury, the head of a state  department,  the  [chairman]
   37  CHAIR  of  the  temporary state commission or other state agency, or the
   38  organized crime task force in the department of  law  before  which  the
   39  refusal  occurs  to send notice of such refusal, together with the names
   40  of any firm, partnership or corporation of which the person so  refusing
   41  is  known  to  be  a  member, partner, officer or director, to the state
   42  commissioner of transportation, except in the  event  the  investigation
   43  concerns  a public building transaction or contract said notice shall be
   44  sent to the state commissioner of general services, and the  appropriate
   45  departments, agencies and officials of the state, political subdivisions
   46  thereof  or  public authorities with whom the person so refusing and any
   47  firm, partnership or corporation of  which  he  is  a  member,  partner,
   48  director  or  officer,  is  known to have a contract. However, when such
   49  refusal occurs before a body other than a grand jury, notice of  refusal
   50  shall  not  be  sent for a period of ten days after such refusal occurs.
   51  Prior to the expiration of this ten day period, any person, firm,  part-
   52  nership  or  corporation  which has become liable to the cancellation or
   53  termination of a contract or disqualification to contract on account  of
   54  such  refusal may commence a special proceeding at a special term of the
   55  supreme court, held within the judicial district in  which  the  refusal
   56  occurred,  for an order determining whether the questions in response to
       S. 6774                            13

    1  which the refusal occurred were relevant and material  to  the  inquiry.
    2  Upon  the commencement of such proceeding, the sending of such notice of
    3  refusal to answer shall be subject to order of the court  in  which  the
    4  proceeding  was  brought  in a manner and on such terms as the court may
    5  deem just. If a proceeding is not brought within  ten  days,  notice  of
    6  refusal shall thereupon be sent as provided herein.
    7    2.  ANY  PERSON  WHO STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
    8  TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
    9  195.02  OF  THE  PENAL  LAW, AND ANY FIRM, PARTNERSHIP OR CORPORATION OF
   10  WHICH ANY SUCH PERSON IS A MEMBER, PARTNER, DIRECTOR OR OFFICER SHALL BE
   11  DISQUALIFIED, FOR LIFE, FROM THEREAFTER SELLING TO OR SUBMITTING BIDS TO
   12  OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH  THE  STATE
   13  OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR GOODS, WORK OR
   14  SERVICES.  IN  THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
   15  SO CONVICTED, THE OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE  SHALL
   16  SEND  NOTICE  OF  SUCH  CONVICTION  TOGETHER WITH THE NAMES OF ANY FIRM,
   17  PARTNERSHIP OR CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A  MEMBER,
   18  PARTNER,  OFFICER  OR  DIRECTOR,  TO  THE  STATE COMMISSIONER OF GENERAL
   19  SERVICES, AND SUCH APPROPRIATE DEPARTMENTS, AGENCIES  AND  OFFICIALS  OF
   20  THE  STATE,  POLITICAL  SUBDIVISIONS  THEREOF OR PUBLIC AUTHORITIES WITH
   21  WHOM THE PERSON AND ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH HE  IS
   22  A MEMBER, PARTNER, DIRECTOR OR OFFICER, IS KNOWN TO HAVE A CONTRACT.
   23    S  32.  Subdivision  6  of  section 1310 of the civil practice law and
   24  rules, as added by chapter 669 of the laws of 1984, is amended  to  read
   25  as follows:
   26    6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
   27  article two hundred twenty OR FOUR HUNDRED NINETY-SIX or section 195.00,
   28  195.01, 195.02, 221.30 or 221.55 of the penal law.
   29    S 33. Section 3 of the public officers law is amended by adding a  new
   30  subdivision 1-a to read as follows:
   31    1-A.  NO  PERSON  SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE WHO SHALL
   32  STAND CONVICTED OF A CRIME  DEFINED  IN  ARTICLE  TWO  HUNDRED  OR  FOUR
   33  HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW.
   34    S 34. The real property tax law is amended by adding a new section 493
   35  to read as follows:
   36    S  493.  LIMITATIONS.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
   37  CONTRARY, ANY REAL PROPERTY WHICH WOULD OTHERWISE  BE  ELIGIBLE  FOR  AN
   38  EXEMPTION,  CREDIT,  ABATEMENT,  REBATE  OR OTHER REDUCTION OR OFFSET OF
   39  REAL PROPERTY TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE  SO  ELIGIBLE
   40  IF  ANY  PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION, CREDIT, ABATE-
   41  MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF AN OFFENSE
   42  DEFINED IN ARTICLE TWO HUNDRED OR FOUR  HUNDRED  NINETY-SIX  OR  SECTION
   43  195.00, 195.01 OR 195.02 OF THE PENAL LAW.
   44    2.  FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
   45  BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER  REDUCTION
   46  OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
   47    (A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
   48    (B)  IN  THE  CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
   49  APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
   50    (C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY,  OR
   51  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
   52  OF, OR
   53    (D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
   54  PROPERTY,  OR  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
   55  MANAGER OR MEMBER THEREOF, OR
       S. 6774                            14

    1    (E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO  PROPERTY  OR
    2  IS  OBLIGATED  TO  MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
    3  OFFICER THEREOF.
    4    3.  IN  THE  EVENT  A  PERSON  OR  FIRM, PARTNERSHIP OR CORPORATION IS
    5  CONVICTED OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR  FOUR  HUNDRED
    6  NINETY-SIX  OR  SECTION  195.00,  195.01 OR 195.02 OF THE PENAL LAW, THE
    7  OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE  SHALL  SEND  NOTICE  OF
    8  SUCH  CONVICTION,  TOGETHER  WITH  THE NAMES OF ANY FIRM, PARTNERSHIP OR
    9  CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A MEMBER, PARTNER,  OFFI-
   10  CER  OR  DIRECTOR,  TO  THE ASSESSOR OF ANY ASSESSING UNIT IN WHICH SUCH
   11  PERSON OR SUCH FIRM, PARTNERSHIP OR CORPORATION IS KNOWN TO OWN  PROPER-
   12  TY.
   13    S  35. Section 960 of the general municipal law is amended by adding a
   14  new subdivision (f) to read as follows:
   15    (F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS  ARTICLE,  A  BUSINESS
   16  ENTERPRISE SHALL NOT BE ELIGIBLE FOR ANY BENEFITS PURSUANT TO THIS ARTI-
   17  CLE IF SUCH ENTERPRISE STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
   18  TWO  HUNDRED  OR  FOUR  HUNDRED  NINETY-SIX OR SECTION 195.00, 195.01 OR
   19  195.02 OF THE PENAL LAW, OR IF ANY MEMBER, PARTNER, DIRECTOR OR  OFFICER
   20  OF SUCH ENTERPRISE STANDS CONVICTED OF ANY SUCH OFFENSE.
   21    S  36.  The  tax  law is amended by adding a new section 41 to read as
   22  follows:
   23    S 41. LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER  WHO  STANDS
   24  CONVICTED,  OR  WHO IS A SHAREHOLDER OF AN S CORPORATION OR PARTNER IN A
   25  PARTNERSHIP WHICH IS CONVICTED, OF AN OFFENSE  DEFINED  IN  ARTICLE  TWO
   26  HUNDRED  OR  FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02
   27  OF THE PENAL LAW SHALL NOT BE ELIGIBLE FOR ANY TAX CREDIT ALLOWED  UNDER
   28  ARTICLE  NINE, NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER OR ANY
   29  BUSINESS TAX CREDIT ALLOWED UNDER ARTICLE TWENTY-TWO  OF  THIS  CHAPTER.
   30  FOR  PURPOSES OF THIS SECTION, A BUSINESS TAX CREDIT ALLOWED UNDER ARTI-
   31  CLE TWENTY-TWO OF THIS CHAPTER IS A  TAX  CREDIT  ALLOWED  TO  TAXPAYERS
   32  UNDER  ARTICLE TWENTY-TWO WHICH IS SUBSTANTIALLY SIMILAR TO A TAX CREDIT
   33  ALLOWED TO TAXPAYERS UNDER ARTICLE NINE-A OF THIS CHAPTER. IN THE  EVENT
   34  A  PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS CONVICTED OF AN OFFENSE
   35  DEFINED IN ARTICLE TWO HUNDRED OR FOUR  HUNDRED  NINETY-SIX  OR  SECTION
   36  195.00,  195.01  OR  195.02 OF THE PENAL LAW, THE OFFICE RESPONSIBLE FOR
   37  PROSECUTING SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION,  TOGETHER
   38  WITH  THE  NAMES  OF  ANY  FIRM, PARTNERSHIP OR CORPORATION OF WHICH THE
   39  PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFICER  OR  DIRECTOR,  TO  THE
   40  COMMISSIONER.
   41    S 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
   42  cers  law,  as amended by section 5 of part A of chapter 399 of the laws
   43  of 2011, is amended to read as follows:
   44  8.  (a) If the reporting individual practices law, is  licensed  by  the
   45      department  of state as a real estate broker or agent or practices a
   46      profession licensed by the department of education, or  works  as  a
   47      member  or  employee  of  a  firm  required  to register pursuant to
   48      section one-e of the legislative law as a lobbyist, [give]  DESCRIBE
   49      THE  SERVICES  RENDERED FOR WHICH COMPENSATION WAS PAID, INCLUDING a
   50      general description of the principal subject areas of matters under-
   51      taken by  such  individual  OR  PRINCIPAL  DUTIES  PERFORMED.  Addi-
   52      tionally, if such an individual practices with a firm or corporation
   53      and  is  a partner or shareholder of the firm or corporation, give a
   54      general description of principal subject areas of matters undertaken
   55      by such firm or corporation.
       S. 6774                            15

    1      ____________________________________________________________________
    2      ____________________________________________________________________
    3      ____________________________________________________________________
    4      ____________________________________________________________________
    5      ____________________________________________________________________

    6    (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
    7  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
    8  FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE  SERVICES  THAT
    9  ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
   10    If the reporting individual personally provides services to any person
   11  or  entity,  or works as a member or employee of a partnership or corpo-
   12  ration that  provides  such  services  (referred  to  hereinafter  as  a
   13  "firm"),  then  identify  each  client or customer to whom the reporting
   14  individual  personally  AND  KNOWINGLY  provided  DIRECT   OR   INDIRECT
   15  services,  or  who was referred to the firm by the reporting individual,
   16  and from whom the reporting individual or his or her firm earned fees in
   17  excess of $10,000 during the reporting period for such services rendered
   18  in direct connection with:
   19    (i) A proposed bill or resolution in the senate or assembly during the
   20  reporting period;
   21    (ii) A contract in an amount totaling $50,000  or more from the  state
   22  or any state agency for services, materials, or property;
   23    (iii)  A  grant of $25,000  or more from the state or any state agency
   24  during the reporting period;
   25    (iv) A grant obtained through  a  legislative  initiative  during  the
   26  reporting period; or
   27    (v)  A  case,  proceeding,  application  or other matter that is not a
   28  ministerial matter before a state agency during the reporting period.
   29    For purposes of this question, "referred  to  the  firm"  shall  mean:
   30  having  intentionally  and  knowingly  taken a specific act or series of
   31  acts to intentionally procure for the  reporting  individual's  firm  or
   32  knowingly  solicit or direct to the reporting individual's firm in whole
   33  or substantial part, a person or entity that becomes a  client  of  that
   34  firm  for  the  purposes  of  representation  for a matter as defined in
   35  subparagraphs (i) through (v) of this paragraph, as the result  of  such
   36  procurement,  solicitation  or  direction of the reporting individual. A
   37  reporting  individual  need  not  disclose  activities  performed  while
   38  lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
   39  sion seven of section seventy-three of this article.
   40    The  disclosure requirement in this question shall not require disclo-
   41  sure of clients or  customers  receiving  medical  or  dental  services,
   42  mental  health  services, residential real estate brokering services, or
   43  insurance brokering services from the reporting individual or his or her
   44  firm. The reporting individual need not identify any client to  whom  he
   45  or  she or his or her firm provided legal representation with respect to
   46  investigation or prosecution by law enforcement authorities, bankruptcy,
   47  or domestic relations matters. With respect to  clients  represented  in
   48  other  matters,  where  disclosure  of  a client's identity is likely to
   49  cause harm, the reporting individual shall request an exemption from the
   50  joint commission pursuant  to  paragraph  (i)  of  subdivision  nine  of
   51  section  ninety-four  of  the executive law. Only a reporting individual
   52  who first enters public office after July first,  two  thousand  twelve,
   53  need  not  report clients or customers with respect to matters for which
   54  the reporting individual or his or her firm was retained prior to enter-
   55  ing public office.
       S. 6774                            16

    1  Client                                    Nature of Services Provided
    2  ________________________________________________________________________
    3  ________________________________________________________________________
    4  ________________________________________________________________________
    5  ________________________________________________________________________
    6  ________________________________________________________________________

    7    (c)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
    8  PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN,  OR  FOR  NEW
    9  MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
   10  THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
   11    (I)  IF THE REPORTING INDIVIDUAL RECEIVES INCOME OF $50,000 OR GREATER
   12  FROM ANY EMPLOYMENT OR ACTIVITY REPORTABLE UNDER QUESTION 8(A),  INCLUD-
   13  ING  THE  PRACTICE  OF LAW, IDENTIFY EACH CLIENT OR CUSTOMER TO WHOM THE
   14  REPORTING INDIVIDUAL OR HIS OR HER FIRM EARNED FEES IN EXCESS OF $10,000
   15  DURING THE REPORTING PERIOD FOR SUCH SERVICES RENDERED IF SUCH CLIENT OR
   16  CUSTOMER HAS A PENDING MATTER WITH THE  STATE,  EVEN  IF  THE  REPORTING
   17  INDIVIDUAL  PROVIDES  NO  SERVICES  RELATED  TO  SUCH  MATTER, IN DIRECT
   18  CONNECTION WITH:
   19  (A) A PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY  DURING  THE
   20      REPORTING PERIOD;
   21  (B)  A  CONTRACT IN AN AMOUNT TOTALING $50,000 OR MORE FROM THE STATE OR
   22      ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY;
   23  (C) A GRANT OF $25,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING
   24      THE REPORTING PERIOD;
   25  (D) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORT-
   26      ING PERIOD; OR
   27  (E) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINIS-
   28      TERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD.
   29    (II) THE REPORTING INDIVIDUAL SHALL  IDENTIFY  EVERY  CLIENT  DIRECTLY
   30  REFERRED  TO  SUCH  INDIVIDUAL  BY  A REGISTERED LOBBYIST OR CLIENT OF A
   31  LOBBYIST WHERE SUCH REFERRAL SHALL HAVE BEEN  MADE  BY  DIRECT  COMMUNI-
   32  CATION  FROM THE LOBBYIST OR CLIENT OF A LOBBYIST TO THE REPORTING INDI-
   33  VIDUAL. WITH RESPECT TO EACH SUCH CLIENT, THE REPORTING INDIVIDUAL SHALL
   34  IDENTIFY THE NAME OF THE CLIENT SO REFERRED, THE AMOUNT OF  COMPENSATION
   35  RECEIVED,  AND  THE  NAME  OF  THE  LOBBYIST OR CLIENT OF A LOBBYIST WHO
   36  REFERRED SUCH CLIENT.  THE DISCLOSURE REQUIREMENTS IN  CLAUSES  (I)  AND
   37  (II)  OF  THIS  SUBPARAGRAPH  SHALL NOT REQUIRE DISCLOSURE OF CLIENTS OR
   38  CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH  SERVICES,
   39  RESIDENTIAL  REAL  ESTATE  BROKERING  SERVICES,  OR  INSURANCE BROKERING
   40  SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM. THE REPORTING
   41  INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR  HER
   42  FIRM  PROVIDED  LEGAL  REPRESENTATION  WITH  RESPECT TO INVESTIGATION OR
   43  PROSECUTION BY LAW  ENFORCEMENT  AUTHORITIES,  BANKRUPTCY,  OR  DOMESTIC
   44  RELATIONS MATTERS. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS,
   45  THE  REPORTING  INDIVIDUAL  SHALL  REQUEST  AN  EXEMPTION FROM THE JOINT
   46  COMMISSION, WHICH SHALL  BE  GRANTED  FOR  GOOD  CAUSE  SHOWN.  FOR  THE
   47  PURPOSES  OF  THIS  QUESTION,  GOOD  CAUSE MAY BE SHOWN BY CIRCUMSTANCES
   48  INCLUDING, BUT NOT LIMITED TO, WHERE DISCLOSURE OF A  CLIENT'S  IDENTITY
   49  WOULD  REVEAL  TRADE  SECRETS  OR HAVE A NEGATIVE IMPACT ON THE CLIENT'S
   50  BUSINESS INTERESTS, WOULD CAUSE  EMBARRASSMENT  FOR  THE  CLIENT,  COULD
   51  REASONABLY  RESULT  IN  RETALIATION AGAINST THE CLIENT, OR WOULD TEND TO
   52  REVEAL NON-PUBLIC MATTERS REGARDING A CRIMINAL INVESTIGATION.    ONLY  A
   53  REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST,
   54  TWO  THOUSAND FIFTEEN, NEED NOT REPORT CLIENTS OR CUSTOMERS WITH RESPECT
       S. 6774                            17

    1  TO MATTERS FOR WHICH THE REPORTING INDIVIDUAL OR HIS  OR  HER  FIRM  WAS
    2  RETAINED PRIOR TO ENTERING PUBLIC OFFICE.
    3  CLIENT                                    NATURE OF SERVICES PROVIDED
    4  ________________________________________________________________________
    5  ________________________________________________________________________
    6  ________________________________________________________________________
    7  ________________________________________________________________________
    8  ________________________________________________________________________

    9    (D)  List  the  name, principal address and general description or the
   10  nature of the business activity of any entity  in  which  the  reporting
   11  individual  or  such  individual's spouse had an investment in excess of
   12  $1,000 excluding investments in securities and interests in real proper-
   13  ty.

   14      ____________________________________________________________________
   15      ____________________________________________________________________
   16      ____________________________________________________________________
   17      ____________________________________________________________________
   18      ____________________________________________________________________

   19    S 38. Severability. If any clause,  sentence,  paragraph,  section  or
   20  part  of  this act shall be adjudged by any court of competent jurisdic-
   21  tion to be invalid, such judgment shall not affect, impair,  or  invali-
   22  date  the  remainder  thereof, but shall be confined in its operation to
   23  the clause,  sentence,  paragraph,  section  or  part  thereof  directly
   24  involved  in  the  controversy  in  which  such judgment shall have been
   25  rendered.
   26    S 39. This act shall take effect on the thirtieth day after  it  shall
   27  have  become  a  law  and shall only apply to acts committed on or after
   28  such date.
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