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A00463 Summary:

BILL NOA00463B
 
SAME ASSAME AS S04857-C
 
SPONSORPaulin
 
COSPNSRTaylor, McDonald
 
MLTSPNSR
 
Amd §73-a, Pub Off L; amd §94, Exec L
 
Relates to the annual statement of financial disclosure and the posting of financial disclosure filings for candidates for statewide elected office or candidates for a member of the legislature.
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A00463 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         463--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  TAYLOR,  McDONALD  -- read once and
          referred to the Committee  on  Governmental  Operations  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public  officers  law  and  the  executive  law,  in
          relation to the annual statement of financial disclosure and the post-
          ing  of  financial  disclosure  filings  for  candidates for statewide
          elected office or candidates for a member of the legislature
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (k)  of  subdivision  2 of section 73-a of the
     2  public officers law, as amended by section 7 of part QQ of chapter 56 of
     3  the laws of 2022, is amended to read as follows:
     4    (k) The commission on ethics and lobbying in government shall post for
     5  at least five years beginning for filings made  on  January  first,  two
     6  thousand  thirteen  the annual statement of financial disclosure and any
     7  amendments filed by each person subject to the reporting requirements of
     8  this subdivision who is an elected  official,  candidate  for  statewide
     9  elected  office  or  candidate  for  a member of the legislature, on its
    10  website for public review within thirty days  of  its  receipt  of  such
    11  statement  or  within  ten  days  of  its receipt of such amendment that
    12  reflects any corrections of deficiencies identified by the commission or
    13  by the reporting individual after  the  reporting  individual's  initial
    14  filing.  Except  upon an individual determination by the commission that
    15  certain information may be deleted from a reporting individual's  annual
    16  statement of financial disclosure, none of the information in the state-
    17  ment posted on the commission's website shall be otherwise deleted.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02129-06-5

        A. 463--B                           2
 
     1    §  2.  Paragraph  (b) of subdivision 13 of section 94 of the executive
     2  law, as added by section 2 of part QQ of chapter 56 of the laws of 2022,
     3  is amended to read as follows:
     4    (b) The commission shall post on its website the following documents:
     5    (i)  the  information  set  forth  in an annual statement of financial
     6  disclosure filed pursuant to section seventy-three-a of the public offi-
     7  cers law except information deleted pursuant to paragraph (g) of  subdi-
     8  vision  nine  of this section of statewide elected officials and members
     9  of the legislature, and candidates  for  statewide  elected  office  and
    10  members of the legislature;
    11    (ii)  notices  of  delinquency  sent  under  subdivision  nine of this
    12  section;
    13    (iii) notices of civil assessments imposed under  this  section  which
    14  shall include a description of the nature of the alleged wrongdoing, the
    15  procedural  history  of  the  complaint, the findings and determinations
    16  made by the commission, and any sanction imposed;
    17    (iv) the terms of any settlement  or  compromise  of  a  complaint  or
    18  referral which includes a fine, penalty or other remedy;
    19    (v)  those required to be held or maintained publicly available pursu-
    20  ant to article one-A of the legislative law; and
    21    (vi) reports issued by the commission pursuant to this section.
    22    § 3. Paragraph (f) of subdivision 1 of  section  73-a  of  the  public
    23  officers  law,  as  amended by section 5 of part A of chapter 399 of the
    24  laws of 2011, is amended to read as follows:
    25    (f) The term "relative" shall mean such individual's spouse,  domestic
    26  partner,  child,  stepchild,  stepparent,  or any person who is a direct
    27  descendant of the grandparents of the reporting  individual  or  of  the
    28  reporting individual's spouse.
    29    §  4. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
    30  cers law, as amended by section 18, subparagraphs (b), (b-2), and (c) as
    31  separately amended by section 8 of part QQ of chapter 56 of the laws  of
    32  2022, is amended to read as follows:
    33    8. (a)  If  the reporting individual practices law, is licensed by the
    34  department of state as a real estate broker  or  agent  or  practices  a
    35  profession licensed by the department of education, or works as a member
    36  or  employee of a firm required to register pursuant to section one-e of
    37  the legislative law as a lobbyist, describe the  services  rendered  for
    38  which compensation was paid including a general description of the prin-
    39  cipal subject areas of matters undertaken by such individual and princi-
    40  pal  duties performed. Specifically state whether the reporting individ-
    41  ual provides services directly to  clients.  Additionally,  if  such  an
    42  individual  practices  with  a  firm  or corporation and is a partner or
    43  shareholder of the firm or corporation, give a  general  description  of
    44  principal  subject  areas  of  matters undertaken by such firm or corpo-
    45  ration.
 
    46      ____________________________________________________________________
    47      ____________________________________________________________________
    48      ____________________________________________________________________
    49      ____________________________________________________________________
    50      ____________________________________________________________________
 
    51    (b) [APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
    52  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
    53  THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR  FOR  NEW  MATTERS  FOR  EXISTING
    54  CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON

        A. 463--B                           3

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

    52    (b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS  FOR  WHOM  SERVICES
    53  ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
    54  FOR  NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
    55  SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-

        A. 463--B                           4

     1  SAND  FIFTEEN]  (FOR  PURPOSES  OF  THIS QUESTION, "SERVICES" SHALL MEAN
     2  CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
     3    If the reporting individual receives income from employment reportable
     4  in question 8(a) and personally provides services to any person or enti-
     5  ty,  or  works  as  a member or employee of a partnership or corporation
     6  that provides such services (referred to hereinafter as a  "firm"),  the
     7  reporting  individual shall identify each client or customer to whom the
     8  reporting individual personally provided services, or who  was  referred
     9  to  the  firm  by  the reporting individual, and from whom the reporting
    10  individual or [his or her] their firm earned fees in excess  of  $10,000
    11  during the reporting period in direct connection with:
    12    (i) A contract in an amount totaling $10,000 or more from the state or
    13  any state agency for services, materials, or property;
    14    (ii)  A  grant  of  $10,000 or more from the state or any state agency
    15  during the reporting period;
    16    (iii) A grant obtained through a  legislative  initiative  during  the
    17  reporting period; or
    18    (iv)  A  case,  proceeding,  application or other matter that is not a
    19  ministerial matter before a state agency during the reporting period.
    20    For such services rendered by the  reporting  individual  directly  to
    21  each  such  client,  describe  each  matter that was the subject of such
    22  representation, the services actually provided and the payment received.
    23  For payments received from clients referred to the firm by the reporting
    24  individual, if the reporting individual directly received a referral fee
    25  or fees for such referral,  identify  the  client  and  the  payment  so
    26  received.
    27    For  purposes  of  this  question,  "referred to the firm" shall mean:
    28  having intentionally and knowingly taken a specific  act  or  series  of
    29  acts  to  intentionally  procure  for the reporting individual's firm or
    30  having knowingly solicited or directed  to  the  reporting  individual's
    31  firm  in  whole  or  substantial part, a person or entity that becomes a
    32  client of that firm for the purposes of representation for a  matter  as
    33  defined  in clauses (i) through (iv) of this subparagraph, as the result
    34  of such procurement, solicitation or direction of the reporting individ-
    35  ual. A reporting individual need not disclose activities performed while
    36  lawfully acting in [his or her] their capacity as provided in paragraphs
    37  (c), (d), (e) and (f) of subdivision seven of section  seventy-three  of
    38  this article.
    39    Client   Matter     Nature of Services Provided      Category
    40                                                       of Amount
    41                                                      (in Table I)
 
    42  ________________________________________________________________________
    43  ________________________________________________________________________
    44  ________________________________________________________________________
    45  ________________________________________________________________________
    46  ________________________________________________________________________
 
    47    [(b-2)  APPLICABLE  ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
    48  ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
    49  FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE
    50  SERVICES  THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
    51  SAND FIFTEEN] (b-1) (FOR PURPOSES OF  THIS  QUESTION,  "SERVICES"  SHALL
    52  MEAN CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
    53    (i)  With  respect  to  reporting individuals who receive ten thousand
    54  dollars or more from employment or activity  reportable  under  question

        A. 463--B                           5
 
     1  8(a), for each client or customer NOT otherwise disclosed or exempted in
     2  question  8 or 13, disclose the name of each client or customer known to
     3  the reporting individual  to  whom  the  reporting  individual  provided
     4  services:  (A) who paid the reporting individual in excess of five thou-
     5  sand dollars for such services; or (B) who  had  been  billed  with  the
     6  knowledge of the reporting individual in excess of five thousand dollars
     7  by  the  firm  or  other entity named in question 8(a) for the reporting
     8  individual's services.
     9  Client               Services              Category of Amount
    10                   Actually Provided            (in Table I)
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
 
    11  FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
    12  DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
    13    * REVIEWED DOCUMENTS AND CORRESPONDENCE;
    14    * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
    15    * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
    16    * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
    17      OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
    18    * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
    19      NAME);
    20    * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
    21      REPRESENTATION OR CONSULTATION;
    22    * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
    23    * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
    24      RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
    25    * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
    26    (ii) With respect to reporting individuals who disclosed  in  question
    27  8(a)  that the reporting individual did not provide services to a client
    28  but provided services to a firm or business, identify  the  category  of
    29  amount  received  for  providing such services and describe the services
    30  rendered.
    31  Services Actually Provided                  Category of Amount (Table I)
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
    32    A reporting individual need not disclose  activities  performed  while
    33  lawfully acting in [his or her] their capacity as provided in paragraphs
    34  (c),  (d),  (e) and (f) of subdivision seven of section seventy-three of
    35  this article.
    36  The disclosure requirement in [questions (b-1) and (b-2)] question (b-1)
    37  shall not require disclosing clients  or  customers  receiving  medical,
    38  pharmaceutical  or  dental services, mental health services, or residen-
    39  tial real estate brokering services from  the  reporting  individual  or
    40  [his  or  her]  their firm or if federal law prohibits or limits disclo-
    41  sure. The reporting individual need not identify any client to whom  [he
    42  or  she]  they  or [his or her] their firm provided legal representation
    43  with respect to investigation or prosecution by law enforcement authori-
    44  ties, bankruptcy, family court, estate planning, or  domestic  relations
    45  matters, nor shall the reporting individual identify individuals repres-
    46  ented pursuant to an insurance policy but the reporting individual shall
    47  in  such circumstances only report the entity that provides compensation

        A. 463--B                           6
 
     1  to the reporting individual;  with  respect  to  matters  in  which  the
     2  client's  name  is  required  by  law  to  be kept confidential (such as
     3  matters governed by the family court act) or in  matters  in  which  the
     4  reporting  individual  represents  or  provides  services to minors, the
     5  client's name may be replaced with initials.  To  the  extent  that  the
     6  reporting  individual, or [his or her] their firm, provided legal repre-
     7  sentation with respect to an initial public offering,  and  professional
     8  disciplinary  rules,  federal law or regulations restrict the disclosure
     9  of information relating to such work, the reporting individual shall (i)
    10  disclose the identity of the client and the services  provided  relating
    11  to  the  initial  public offering to the office of court administration,
    12  who will maintain such information confidentially in a locked  box;  and
    13  (ii)  include  in  [his  or  her] their response to [questions (b-1) and
    14  (b-2)] question (b-1) that pursuant to this paragraph, a  disclosure  to
    15  the  office  of  court administration has been made. Upon such time that
    16  the disclosure of information maintained in the locked box is no  longer
    17  restricted  by  professional  disciplinary  rules,  federal law or regu-
    18  lation, the reporting individual shall disclose such information  in  an
    19  amended  disclosure statement in response to the disclosure requirements
    20  in [questions (b-1) and (b-2)]  question  (b-1).  The  office  of  court
    21  administration  shall develop and maintain a secure portal through which
    22  information submitted to it pursuant to this paragraph can be safely and
    23  confidentially stored. With respect  to  clients  represented  in  other
    24  matters  not  otherwise  exempt, the reporting individual may request an
    25  exemption to publicly disclosing  the  name  of  that  client  from  the
    26  commission  on  ethics  and  lobbying  in government pursuant to section
    27  ninety-four of the executive law, or from the office of  court  adminis-
    28  tration.  In  such application, the reporting individual shall state the
    29  following: "My client is not currently receiving my services or  seeking
    30  my services in 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 $10,000 or more from the state
    34  or any state agency for services, materials, or property;
    35    (iii) A grant of $10,000 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    In  reviewing  the  request for an exemption, the commission on ethics
    42  and lobbying in government or the office  of  court  administration  may
    43  consult  with bar or other professional associations and the legislative
    44  ethics commission for individuals subject to its  jurisdiction  and  may
    45  consider the rules of professional conduct. In making its determination,
    46  the  commission  on  ethics  and lobbying in government or the office of
    47  court administration shall conduct its own inquiry  and  shall  consider
    48  factors  including,  but  not limited to: (i) the nature and the size of
    49  the client; (ii) whether the client has any business before  the  state;
    50  and  if  so, how significant the business is; and whether the client has
    51  any particularized interest in pending legislation and if so how signif-
    52  icant the  interest  is;  (iii)  whether  disclosure  may  reveal  trade
    53  secrets;  (iv) whether disclosure could reasonably result in retaliation
    54  against the client; (v) whether disclosure may cause undue harm  to  the
    55  client;  (vi)  whether disclosure may result in undue harm to the attor-

        A. 463--B                           7
 
     1  ney-client relationship; and (vii) whether disclosure may result  in  an
     2  unnecessary invasion of privacy to the client.
     3    The  commission  on  ethics and lobbying in government or, as the case
     4  may be, the office of court administration shall promptly make  a  final
     5  determination in response to such request, which shall include an expla-
     6  nation  for its determination.  The office of court administration shall
     7  issue its  final  determination  within  three  days  of  receiving  the
     8  request.  Notwithstanding any other provision of law or any professional
     9  disciplinary rule to the contrary, the disclosure of the identity of any
    10  client or customer in response to this  question  shall  not  constitute
    11  professional misconduct or a ground for disciplinary action of any kind,
    12  or  form the basis for any civil or criminal cause of action or proceed-
    13  ing. A reporting individual who first enters public office after January
    14  first, two thousand sixteen, need not report clients or  customers  with
    15  respect  to  matters  for which the reporting individual or [his or her]
    16  their firm was retained prior to entering public office.
    17    (c) [APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
    18  PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
    19  NEW MATTERS FOR EXISTING CLIENTS OR  CUSTOMERS  WITH  RESPECT  TO  THOSE
    20  SERVICES  THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
    21  SAND FIFTEEN:]
    22    If the reporting individual receives income of ten thousand dollars or
    23  greater from any employment or activity reportable under question  8(a),
    24  identify  each  registered  lobbyist  who  has directly referred to such
    25  individual a client who was successfully referred to the reporting indi-
    26  vidual's business  and  from  whom  the  reporting  individual  or  firm
    27  received  a  fee for services in excess of five thousand dollars. Report
    28  only those referrals that were made to a reporting individual by  direct
    29  communication  from  a person known to such reporting individual to be a
    30  registered lobbyist at the time the referral is made.  With  respect  to
    31  each  such referral, the reporting individual shall identify the client,
    32  the registered lobbyist who has made the referral, the category of value
    33  of the compensation received and a general description of  the  type  of
    34  matter  so referred. A reporting individual need not disclose activities
    35  performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
    36  (f) of subdivision seven of section seventy-three of this  article.  The
    37  disclosure  requirements  in  this question shall not require disclosing
    38  clients  or  customers  receiving  medical,  pharmaceutical  or   dental
    39  services,  mental  health services, or residential real estate brokering
    40  services from the reporting individual or [his or her] their firm or  if
    41  federal  law  prohibits  or  limits disclosure. The reporting individual
    42  need not identify any client to whom [he or she] they or  [his  or  her]
    43  their  firm  provided legal representation with respect to investigation
    44  or prosecution by law enforcement authorities, bankruptcy, family court,
    45  estate planning, or domestic relations matters, nor shall the  reporting
    46  individual  identify  individuals  represented  pursuant to an insurance
    47  policy but the reporting individual shall  in  such  circumstances  only
    48  report  the  entity that provides compensation to the reporting individ-
    49  ual; with respect to matters in which the client's name is  required  by
    50  law  to  be  kept  confidential  (such as matters governed by the family
    51  court act) or in matters in which the reporting individual represents or
    52  provides services to minors, the client's  name  may  be  replaced  with
    53  initials.  To  the extent that the reporting individual, or [his or her]
    54  their firm, provided legal representation with  respect  to  an  initial
    55  public offering, and federal law or regulations restricts the disclosure
    56  of information relating to such work, the reporting individual shall (i)

        A. 463--B                           8
 
     1  disclose  the  identity of the client and the services provided relating
     2  to the initial public offering to the office  of  court  administration,
     3  who  will  maintain such information confidentially in a locked box; and
     4  (ii) include in [his or her] their response a statement that pursuant to
     5  this  paragraph,  a disclosure to the office of court administration has
     6  been made. Upon such time that the disclosure of information  maintained
     7  in  the locked box is no longer restricted by federal law or regulation,
     8  the reporting individual shall disclose such information in  an  amended
     9  disclosure  statement in response to the disclosure requirements of this
    10  paragraph.  The office of court administration shall develop  and  main-
    11  tain  a secure portal through which information submitted to it pursuant
    12  to this paragraph can be safely and confidentially stored. With  respect
    13  to  clients  represented  in  other  matters  not  otherwise exempt, the
    14  reporting individual may request an exemption to publicly disclosing the
    15  name of that client from  the  commission  on  ethics  and  lobbying  in
    16  government pursuant to section ninety-four of the executive law, or from
    17  the  office  of court administration. In such application, the reporting
    18  individual shall state  the  following:  "My  client  is  not  currently
    19  receiving my services or seeking my services in connection with:
    20    (i) A proposed bill or resolution in the senate or assembly during the
    21  reporting period;
    22    (ii)  A  contract in an amount totaling $10,000 or more from the state
    23  or any state agency for services, materials, or property;
    24    (iii) A grant of $10,000 or more from the state or  any  state  agency
    25  during the reporting period;
    26    (iv)  A  grant  obtained  through  a legislative initiative during the
    27  reporting period; or
    28    (v) A case, proceeding, application or other  matter  that  is  not  a
    29  ministerial matter before a state agency during the reporting period."
    30    In  reviewing  the  request for an exemption, the commission on ethics
    31  and lobbying in government or the office  of  court  administration  may
    32  consult  with bar or other professional associations and the legislative
    33  ethics commission for individuals subject to its  jurisdiction  and  may
    34  consider the rules of professional conduct. In making its determination,
    35  the  commission  on  ethics  and lobbying in government or the office of
    36  court administration shall conduct its own inquiry  and  shall  consider
    37  factors  including,  but  not limited to: (i) the nature and the size of
    38  the client; (ii) whether the client has any business before  the  state;
    39  and  if  so, how significant the business is; and whether the client has
    40  any particularized interest in pending legislation and if so how signif-
    41  icant the  interest  is;  (iii)  whether  disclosure  may  reveal  trade
    42  secrets;  (iv) whether disclosure could reasonably result in retaliation
    43  against the client; (v) whether disclosure may cause undue harm  to  the
    44  client;  (vi)  whether disclosure may result in undue harm to the attor-
    45  ney-client relationship; and (vii) whether disclosure may result  in  an
    46  unnecessary invasion of privacy to the client.
    47    The  commission  on  ethics and lobbying in government or, as the case
    48  may be, the office of court administration shall promptly make  a  final
    49  determination in response to such request, which shall include an expla-
    50  nation  for its determination.  The office of court administration shall
    51  issue its  final  determination  within  three  days  of  receiving  the
    52  request.  Notwithstanding any other provision of law or any professional
    53  disciplinary rule to the contrary, the disclosure of the identity of any
    54  client or customer in response to this  question  shall  not  constitute
    55  professional misconduct or a ground for disciplinary action of any kind,
    56  or  form the basis for any civil or criminal cause of action or proceed-

        A. 463--B                           9

     1  ing. A reporting individual who first enters public office after  Decem-
     2  ber  thirty-first,  two  thousand  fifteen,  need  not report clients or
     3  customers with respect to matters for which the reporting individual  or
     4  [his or her] their firm was retained prior to entering public office.
     5  Client        Name of Lobbyist     Description    Category of Amount
     6                                     of Matter       (in Table 1)
     7  ________________________________________________________________________
     8  ________________________________________________________________________
     9  ________________________________________________________________________
    10  ________________________________________________________________________
    11  ________________________________________________________________________
 
    12    (d)  List  the  name, principal address and general description or the
    13  nature of the business activity of any entity  in  which  the  reporting
    14  individual  or  such  individual's  spouse  or  domestic  partner had an
    15  investment in excess of $1,000 excluding investments in  securities  and
    16  interests in real property.
    17    §  5.  Subparagraph  (c) of paragraph 16-a of subdivision 3 of section
    18  73-a of the public officers law, as added by chapter 591 of the laws  of
    19  2023, is amended to read as follows:
    20    (c)  "Distributed ledger or blockchain technology" shall mean a ledger
    21  or database that stores shared state by maintaining it across  a  multi-
    22  plicity  of  devices  belonging  to  different  entities and securing it
    23  through a combination of cryptographic and  consensus  protocols,  where
    24  the  shared state serves to authenticate, record, share, and/or synchro-
    25  nize transactions involving digital assets or virtual currencies.

    26                                          Category of
    27                                          Market Value
    28                                          as of the close
    29                                          of the taxable
    30                                          year last
    31                                          occurring
    32                                          prior to
    33    Self/        [Type of]                the filing of
    34    Spouse or    [Digital Asset]          this statement
    35    Domestic     Name                     (In Table II)
    36    Partner
    37  _______________________________________________________________________
    38  _______________________________________________________________________
    39  _______________________________________________________________________
    40  _______________________________________________________________________
    41  _______________________________________________________________________
 
    42    § 6. This act shall take effect on the first of January next  succeed-
    43  ing the date on which it shall have become a law.
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