Relates to electronic financial disclosures of members and candidates of the legislature and requires creation of electronic version of disclosure statement.
STATE OF NEW YORK
________________________________________________________________________
1473
2021-2022 Regular Sessions
IN SENATE
January 12, 2021
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Ethics and Internal Gover-
nance
AN ACT to amend the public officers law, in relation to electronic
financial disclosures of members and candidates of the legislature
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of paragraph (a) of subdivision 2 of
2 section 73-a of the public officers law, as amended by section 5 of part
3 A of chapter 399 of the laws of 2011, is amended to read as follows:
4 Every statewide elected official, state officer or employee, member of
5 the legislature, legislative employee and political party chairman and
6 every candidate for statewide elected office or for member of the legis-
7 lature shall file an annual statement of financial disclosure containing
8 the information and in the form set forth in subdivision three of this
9 section. Every member of the legislature and candidate for member of
10 the legislature must file their annual statement of financial disclosure
11 electronically in an electronic, readable, searchable and downloadable
12 format. On or before the fifteenth day of May with respect to the
13 preceding calendar year: (1) every member of the legislature, every
14 candidate for member of the legislature and legislative employee shall
15 file such statement with the legislative ethics commission which shall
16 provide such statement along with any requests for exemptions or
17 deletions to the joint commission on public ethics for filing and
18 rulings with respect to such requests for exemptions or deletions, on or
19 before the thirtieth day of June; and (2) all other individuals required
20 to file such statement shall file it with the joint commission on public
21 ethics, except that:
22 § 2. Subdivision 3 of section 73-a of the public officers law, as
23 amended by section 5 of part A of chapter 399 of the laws of 2011, para-
24 graph 8 as amended by section 6 of part K of chapter 286 of the laws of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01856-01-1
S. 1473 2
1 2016 and paragraph 13 as amended by section 1 of part CC of chapter 56
2 of the laws of 2015, is amended to read as follows:
3 3. (a) The annual statement of financial disclosure shall contain the
4 information and shall be in the form set forth hereinbelow:
5 ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)
6 1. Name ______________________________________________________________
7 2. (a) Title of Position _____________________________________________
8 (b) Department, Agency or other Governmental Entity _______________
9 (c) Address of Present Office _____________________________________
10 (d) Office Telephone Number _______________________________________
11 3. (a) Marital Status ______________. If married, please give spouse's
12 full name including maiden name where applicable.
13 _____________________________________________________________ .
14 (b) List the names of all unemancipated children.
15 ____________________________________________________________________
16 ____________________________________________________________________
17 ____________________________________________________________________
18 ____________________________________________________________________
19 ____________________________________________________________________
20 Answer each of the following questions completely, with respect to
21 calendar year _________, unless another period or date is otherwise
22 specified. If additional space is needed, attach additional pages.
23 Whenever a "value" or "amount" is required to be reported herein, such
24 value or amount shall be reported as being within one of the following
25 Categories in Table I or Table II of this subdivision as called for in
26 the question: A reporting individual shall indicate the Category by
27 letter only.
28 Whenever "income" is required to be reported herein, the term "income"
29 shall mean the aggregate net income before taxes from the source identi-
30 fied.
31 The term "calendar year" shall mean the year ending the December 31st
32 preceding the date of filing of the annual statement.
33 4. (a) List any office, trusteeship, directorship, partnership, or
34 position of any nature, whether compensated or not, held by the
35 reporting individual with any firm, corporation, association, part-
36 nership, or other organization other than the State of New York.
37 Include compensated honorary positions; do NOT list membership or
38 uncompensated honorary positions. If the listed entity was licensed
39 by any state or local agency, was regulated by any state regulatory
40 agency or local agency, or, as a regular and significant part of the
41 business or activity of said entity, did business with, or had
42 matters other than ministerial matters before, any state or local
43 agency, list the name of any such agency.
44 State or
45 Position Organization Local Agency
46 ____________________________________________________________________
47 ____________________________________________________________________
S. 1473 3
1 ____________________________________________________________________
2 ____________________________________________________________________
3 ____________________________________________________________________
4 (b) List any office, trusteeship, directorship, partnership, or position
5 of any nature, whether compensated or not, held by the spouse or
6 unemancipated child of the reporting individual, with any firm,
7 corporation, association, partnership, or other organization other
8 than the State of New York. Include compensated honorary positions;
9 do NOT list membership or uncompensated honorary positions. If the
10 listed entity was licensed by any state or local agency, was regu-
11 lated by any state regulatory agency or local agency, or, as a regu-
12 lar and significant part of the business or activity of said entity,
13 did business with, or had matters other than ministerial matters
14 before, any state or local agency, list the name of any such agency.
15 State or
16 Position Organization Local Agency
17 ____________________________________________________________________
18 ____________________________________________________________________
19 ____________________________________________________________________
20 ____________________________________________________________________
21 ____________________________________________________________________
22 5. (a) List the name, address and description of any occupation,
23 employment (other than the employment listed under Item 2 above),
24 trade, business or profession engaged in by the reporting individ-
25 ual. If such activity was licensed by any state or local agency, was
26 regulated by any state regulatory agency or local agency, or, as a
27 regular and significant part of the business or activity of said
28 entity, did business with, or had matters other than ministerial
29 matters before, any state or local agency, list the name of any such
30 agency.
31 State or
32 Name & Address Local
33 Position of Organization Description Agency
34 ____________________________________________________________________
35 ____________________________________________________________________
36 ____________________________________________________________________
37 ____________________________________________________________________
38 ____________________________________________________________________
39 (b) If the spouse or unemancipated child of the reporting individual was
40 engaged in any occupation, employment, trade, business or profession
41 which activity was licensed by any state or local agency, was regu-
42 lated by any state regulatory agency or local agency, or, as a regu-
43 lar and significant part of the business or activity of said entity,
44 did business with, or had matters other than ministerial matters
45 before, any state or local agency, list the name, address and
46 description of such occupation, employment, trade, business or
47 profession and the name of any such agency.
48 State or
S. 1473 4
1 Name & Address Local
2 Position of Organization Description Agency
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
6 ____________________________________________________________________
7 ____________________________________________________________________
8 6. List any interest, in EXCESS of $1,000, held by the reporting indi-
9 vidual, such individual's spouse or unemancipated child, or partner-
10 ship of which any such person is a member, or corporation, 10% or
11 more of the stock of which is owned or controlled by any such
12 person, whether vested or contingent, in any contract made or
13 executed by a state or local agency and include the name of the
14 entity which holds such interest and the relationship of the report-
15 ing individual or such individual's spouse or such child to such
16 entity and the interest in such contract. Do NOT include bonds and
17 notes. Do NOT list any interest in any such contract on which final
18 payment has been made and all obligations under the contract except
19 for guarantees and warranties have been performed, provided, howev-
20 er, that such an interest must be listed if there has been an ongo-
21 ing dispute during the calendar year for which this statement is
22 filed with respect to any such guarantees or warranties. Do NOT list
23 any interest in a contract made or executed by a local agency after
24 public notice and pursuant to a process for competitive bidding or a
25 process for competitive requests for proposals.
26 Entity Relationship Contracting Category
27 Self, Which Held to Entity State or of
28 Spouse or Interest in and Interest Local Value of
29 Child Contract in Contract Agency Contract
30 (In Table II)
31 ____________________________________________________________________
32 ____________________________________________________________________
33 ____________________________________________________________________
34 ____________________________________________________________________
35 ____________________________________________________________________
36 7. List any position the reporting individual held as an officer of any
37 political party or political organization, as a member of any poli-
38 tical party committee, or as a political party district leader. The
39 term "party" shall have the same meaning as "party" in the election
40 law. The term "political organization" means any party or independ-
41 ent body as defined in the election law or any organization that is
42 affiliated with or a subsidiary of a party or independent body.
43 ____________________________________________________________________
44 ____________________________________________________________________
45 ____________________________________________________________________
46 ____________________________________________________________________
47 ____________________________________________________________________
S. 1473 5
1 8. (a) If the reporting individual practices law, is licensed by the
2 department of state as a real estate broker or agent or practices a
3 profession licensed by the department of education, or works as a member
4 or employee of a firm required to register pursuant to section one-e of
5 the legislative law as a lobbyist, describe the services rendered for
6 which compensation was paid including a general description of the prin-
7 cipal subject areas of matters undertaken by such individual and princi-
8 pal duties performed. Specifically state whether the reporting individ-
9 ual provides services directly to clients. Additionally, if such an
10 individual practices with a firm or corporation and is a partner or
11 shareholder of the firm or corporation, give a general description of
12 principal subject areas of matters undertaken by such firm or corpo-
13 ration.
14 ____________________________________________________________________
15 ____________________________________________________________________
16 ____________________________________________________________________
17 ____________________________________________________________________
18 ____________________________________________________________________
19 (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
20 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
21 THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING
22 CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON
23 OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
24 THIRTY-FIRST, TWO THOUSAND FIFTEEN:
25 If the reporting individual personally provides services to any person
26 or entity, or works as a member or employee of a partnership or corpo-
27 ration that provides such services (referred to hereinafter as a
28 "firm"), then identify each client or customer to whom the reporting
29 individual personally provided services, or who was referred to the firm
30 by the reporting individual, and from whom the reporting individual or
31 his or her firm earned fees in excess of $10,000 during the reporting
32 period for such services rendered in direct connection with:
33 (i) A contract in an amount totaling $50,000 or more from the state or
34 any state agency for services, materials, or property;
35 (ii) A grant of $25,000 or more from the state or any state agency
36 during the reporting period;
37 (iii) A grant obtained through a legislative initiative during the
38 reporting period; or
39 (iv) A case, proceeding, application or other matter that is not a
40 ministerial matter before a state agency during the reporting period.
41 For purposes of this question, "referred to the firm" shall mean:
42 having intentionally and knowingly taken a specific act or series of
43 acts to intentionally procure for the reporting individual's firm or
44 knowingly solicit or direct to the reporting individual's firm in whole
45 or substantial part, a person or entity that becomes a client of that
46 firm for the purposes of representation for a matter as defined in
47 subparagraphs (i) through (iv) of this paragraph, as the result of such
48 procurement, solicitation or direction of the reporting individual. A
49 reporting individual need not disclose activities performed while
50 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
51 sion seven of section seventy-three of this article.
52 The disclosure requirement in this question shall not require disclo-
53 sure of clients or customers receiving medical or dental services,
54 mental health services, residential real estate brokering services, or
S. 1473 6
1 insurance brokering services from the reporting individual or his or her
2 firm. The reporting individual need not identify any client to whom he
3 or she or his or her firm provided legal representation with respect to
4 investigation or prosecution by law enforcement authorities, bankruptcy,
5 or domestic relations matters. With respect to clients represented in
6 other matters, where disclosure of a client's identity is likely to
7 cause harm, the reporting individual shall request an exemption from the
8 joint commission pursuant to paragraph (i-1) of subdivision nine of
9 section ninety-four of the executive law, provided, however, that a
10 reporting individual who first enters public office after July first,
11 two thousand twelve, need not report clients or customers with respect
12 to matters for which the reporting individual or his or her firm was
13 retained prior to entering public office.
14 Client Nature of Services Provided
15 ________________________________________________________________________
16 ________________________________________________________________________
17 ________________________________________________________________________
18 ________________________________________________________________________
19 ________________________________________________________________________
20 (b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
21 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
22 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
23 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
24 SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
25 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
26 If the reporting individual receives income from employment reportable
27 in question 8(a) and personally provides services to any person or enti-
28 ty, or works as a member or employee of a partnership or corporation
29 that provides such services (referred to hereinafter as a "firm"), the
30 reporting individual shall identify each client or customer to whom the
31 reporting individual personally provided services, or who was referred
32 to the firm by the reporting individual, and from whom the reporting
33 individual or his or her firm earned fees in excess of $10,000 during
34 the reporting period in direct connection with:
35 (i) A contract in an amount totaling $10,000 or more from the state or
36 any state agency for services, materials, or property;
37 (ii) A grant of $10,000 or more from the state or any state agency
38 during the reporting period;
39 (iii) A grant obtained through a legislative initiative during the
40 reporting period; or
41 (iv) A case, proceeding, application or other matter that is not a
42 ministerial matter before a state agency during the reporting period.
43 For such services rendered by the reporting individual directly to
44 each such client, describe each matter that was the subject of such
45 representation, the services actually provided and the payment received.
46 For payments received from clients referred to the firm by the reporting
47 individual, if the reporting individual directly received a referral fee
48 or fees for such referral, identify the client and the payment so
49 received.
50 For purposes of this question, "referred to the firm" shall mean:
51 having intentionally and knowingly taken a specific act or series of
52 acts to intentionally procure for the reporting individual's firm or
53 having knowingly solicited or directed to the reporting individual's
54 firm in whole or substantial part, a person or entity that becomes a
55 client of that firm for the purposes of representation for a matter as
S. 1473 7
1 defined in clauses (i) through (iv) of this subparagraph, as the result
2 of such procurement, solicitation or direction of the reporting individ-
3 ual. A reporting individual need not disclose activities performed while
4 lawfully acting in his or her capacity as provided in paragraphs (c),
5 (d), (e) and (f) of subdivision seven of section seventy-three of this
6 article.
7 Client Matter Nature of Services Provided Category
8 of Amount
9 (in Table I)
10 ________________________________________________________________________
11 ________________________________________________________________________
12 ________________________________________________________________________
13 ________________________________________________________________________
14 ________________________________________________________________________
15 (b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
16 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
17 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
18 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
19 SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
20 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
21 (i) With respect to reporting individuals who receive ten thousand
22 dollars or more from employment or activity reportable under question
23 8(a), for each client or customer NOT otherwise disclosed or exempted in
24 question 8 or 13, disclose the name of each client or customer known to
25 the reporting individual to whom the reporting individual provided
26 services: (A) who paid the reporting individual in excess of five thou-
27 sand dollars for such services; or (B) who had been billed with the
28 knowledge of the reporting individual in excess of five thousand dollars
29 by the firm or other entity named in question 8(a) for the reporting
30 individual's services.
31 Client Services Category of Amount
32 Actually Provided (in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
33 FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
34 DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
35 * REVIEWED DOCUMENTS AND CORRESPONDENCE;
36 * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
37 * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
38 * CONSULTED WITH CLIENT OR CONSULTED WITH
39 LAW PARTNERS/ASSOCIATES/MEMBERS
40 OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
41 * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY
42 CLIENT BY
43 NAME);
44 * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
45 REPRESENTATION OR CONSULTATION;
46 * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
47 * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
48 RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
S. 1473 8
1 * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
2 (ii) With respect to reporting individuals who disclosed in question
3 8(a) that the reporting individual did not provide services to a client
4 but provided services to a firm or business, identify the category of
5 amount received for providing such services and describe the services
6 rendered.
7 Services Actually Provided Category of Amount (Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
8 A reporting individual need not disclose activities performed while
9 lawfully acting in his or her capacity as provided in paragraphs (c),
10 (d), (e) and (f) of subdivision seven of section seventy-three of this
11 article.
12 The disclosure requirement in questions (b-1) and (b-2) shall not
13 require disclosing clients or customers receiving medical, pharmaceu-
14 tical or dental services, mental health services, or residential real
15 estate brokering services from the reporting individual or his or her
16 firm or if federal law prohibits or limits disclosure. The reporting
17 individual need not identify any client to whom he or she or his or her
18 firm provided legal representation with respect to investigation or
19 prosecution by law enforcement authorities, bankruptcy, family court,
20 estate planning, or domestic relations matters, nor shall the reporting
21 individual identify individuals represented pursuant to an insurance
22 policy but the reporting individual shall in such circumstances only
23 report the entity that provides compensation to the reporting individ-
24 ual; with respect to matters in which the client's name is required by
25 law to be kept confidential (such as matters governed by the family
26 court act) or in matters in which the reporting individual represents or
27 provides services to minors, the client's name may be replaced with
28 initials. To the extent that the reporting individual, or his or her
29 firm, provided legal representation with respect to an initial public
30 offering, and professional disciplinary rules, federal law or regu-
31 lations restrict the disclosure of information relating to such work,
32 the reporting individual shall (i) disclose the identity of the client
33 and the services provided relating to the initial public offering to the
34 office of court administration, who will maintain such information
35 confidentially in a locked box; and (ii) include in his or her response
36 to questions (b-1) and (b-2) that pursuant to this paragraph, a disclo-
37 sure to the office of court administration has been made. Upon such time
38 that the disclosure of information maintained in the locked box is no
39 longer restricted by professional disciplinary rules, federal law or
40 regulation, the reporting individual shall disclose such information in
41 an amended disclosure statement in response to the disclosure require-
42 ments in questions (b-1) and (b-2). The office of court administration
43 shall develop and maintain a secure portal through which information
44 submitted to it pursuant to this paragraph can be safely and confiden-
45 tially stored. With respect to clients represented in other matters not
46 otherwise exempt, the reporting individual may request an exemption to
47 publicly disclosing the name of that client from the joint commission
48 pursuant to paragraph (i-1) of subdivision nine of section ninety-four
49 of the executive law, or from the office of court administration. In
50 such application, the reporting individual shall state the following:
51 "My client is not currently receiving my services or seeking my services
52 in connection with:
S. 1473 9
1 (i) A proposed bill or resolution in the senate or assembly during the
2 reporting period;
3 (ii) A contract in an amount totaling $10,000 or more from the state
4 or any state agency for services, materials, or property;
5 (iii) A grant of $10,000 or more from the state or any state agency
6 during the reporting period;
7 (iv) A grant obtained through a legislative initiative during the
8 reporting period; or
9 (v) A case, proceeding, application or other matter that is not a
10 ministerial matter before a state agency during the reporting period."
11 In reviewing the request for an exemption, the joint commission or the
12 office of court administration may consult with bar or other profes-
13 sional associations and the legislative ethics commission for individ-
14 uals subject to its jurisdiction and may consider the rules of profes-
15 sional conduct. In making its determination, the joint commission or the
16 office of court administration shall conduct its own inquiry and shall
17 consider factors including, but not limited to: (i) the nature and the
18 size of the client; (ii) whether the client has any business before the
19 state; and if so, how significant the business is; and whether the
20 client has any particularized interest in pending legislation and if so
21 how significant the interest is; (iii) whether disclosure may reveal
22 trade secrets; (iv) whether disclosure could reasonably result in retal-
23 iation against the client; (v) whether disclosure may cause undue harm
24 to the client; (vi) whether disclosure may result in undue harm to the
25 attorney-client relationship; and (vii) whether disclosure may result in
26 an unnecessary invasion of privacy to the client.
27 The joint commission or, as the case may be, the office of court
28 administration shall promptly make a final determination in response to
29 such request, which shall include an explanation for its determination.
30 The office of court administration shall issue its final determination
31 within three days of receiving the request. Notwithstanding any other
32 provision of law or any professional disciplinary rule to the contrary,
33 the disclosure of the identity of any client or customer in response to
34 this question shall not constitute professional misconduct or a ground
35 for disciplinary action of any kind, or form the basis for any civil or
36 criminal cause of action or proceeding. A reporting individual who first
37 enters public office after January first, two thousand sixteen, need not
38 report clients or customers with respect to matters for which the
39 reporting individual or his or her firm was retained prior to entering
40 public office.
41 (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
42 PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
43 NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
44 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
45 SAND FIFTEEN:
46 If the reporting individual receives income of ten thousand dollars or
47 greater from any employment or activity reportable under question 8(a),
48 identify each registered lobbyist who has directly referred to such
49 individual a client who was successfully referred to the reporting indi-
50 vidual's business and from whom the reporting individual or firm
51 received a fee for services in excess of five thousand dollars. Report
52 only those referrals that were made to a reporting individual by direct
53 communication from a person known to such reporting individual to be a
54 registered lobbyist at the time the referral is made. With respect to
55 each such referral, the reporting individual shall identify the client,
56 the registered lobbyist who has made the referral, the category of value
S. 1473 10
1 of the compensation received and a general description of the type of
2 matter so referred. A reporting individual need not disclose activities
3 performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
4 (f) of subdivision seven of section seventy-three of this article. The
5 disclosure requirements in this question shall not require disclosing
6 clients or customers receiving medical, pharmaceutical or dental
7 services, mental health services, or residential real estate brokering
8 services from the reporting individual or his or her firm or if federal
9 law prohibits or limits disclosure. The reporting individual need not
10 identify any client to whom he or she or his or her firm provided legal
11 representation with respect to investigation or prosecution by law
12 enforcement authorities, bankruptcy, family court, estate planning, or
13 domestic relations matters, nor shall the reporting individual identify
14 individuals represented pursuant to an insurance policy but the report-
15 ing individual shall in such circumstances only report the entity that
16 provides compensation to the reporting individual; with respect to
17 matters in which the client's name is required by law to be kept confi-
18 dential (such as matters governed by the family court act) or in matters
19 in which the reporting individual represents or provides services to
20 minors, the client's name may be replaced with initials. To the extent
21 that the reporting individual, or his or her firm, provided legal repre-
22 sentation with respect to an initial public offering, and federal law or
23 regulations restricts the disclosure of information relating to such
24 work, the reporting individual shall (i) disclose the identity of the
25 client and the services provided relating to the initial public offering
26 to the office of court administration, who will maintain such informa-
27 tion confidentially in a locked box; and (ii) include in his or her
28 response a statement that pursuant to this paragraph, a disclosure to
29 the office of court administration has been made. Upon such time that
30 the disclosure of information maintained in the locked box is no longer
31 restricted by federal law or regulation, the reporting individual shall
32 disclose such information in an amended disclosure statement in response
33 to the disclosure requirements of this paragraph. The office of court
34 administration shall develop and maintain a secure portal through which
35 information submitted to it pursuant to this paragraph can be safely and
36 confidentially stored. With respect to clients represented in other
37 matters not otherwise exempt, the reporting individual may request an
38 exemption to publicly disclosing the name of that client from the joint
39 commission pursuant to paragraph (i-1) of subdivision nine of section
40 ninety-four of the executive law, or from the office of court adminis-
41 tration. In such application, the reporting individual shall state the
42 following: "My client is not currently receiving my services or seeking
43 my services in connection with:
44 (i) A proposed bill or resolution in the senate or assembly during the
45 reporting period;
46 (ii) A contract in an amount totaling $10,000 or more from the state
47 or any state agency for services, materials, or property;
48 (iii) A grant of $10,000 or more from the state or any state agency
49 during the reporting period;
50 (iv) A grant obtained through a legislative initiative during the
51 reporting period; or
52 (v) A case, proceeding, application or other matter that is not a
53 ministerial matter before a state agency during the reporting period."
54 In reviewing the request for an exemption, the joint commission or the
55 office of court administration may consult with bar or other profes-
56 sional associations and the legislative ethics commission for individ-
S. 1473 11
1 uals subject to its jurisdiction and may consider the rules of profes-
2 sional conduct. In making its determination, the joint commission or the
3 office of court administration shall conduct its own inquiry and shall
4 consider factors including, but not limited to: (i) the nature and the
5 size of the client; (ii) whether the client has any business before the
6 state; and if so, how significant the business is; and whether the
7 client has any particularized interest in pending legislation and if so
8 how significant the interest is; (iii) whether disclosure may reveal
9 trade secrets; (iv) whether disclosure could reasonably result in retal-
10 iation against the client; (v) whether disclosure may cause undue harm
11 to the client; (vi) whether disclosure may result in undue harm to the
12 attorney-client relationship; and (vii) whether disclosure may result in
13 an unnecessary invasion of privacy to the client.
14 The joint commission or, as the case may be, the office of court
15 administration shall promptly make a final determination in response to
16 such request, which shall include an explanation for its determination.
17 The office of court administration shall issue its final determination
18 within three days of receiving the request. Notwithstanding any other
19 provision of law or any professional disciplinary rule to the contrary,
20 the disclosure of the identity of any client or customer in response to
21 this question shall not constitute professional misconduct or a ground
22 for disciplinary action of any kind, or form the basis for any civil or
23 criminal cause of action or proceeding. A reporting individual who first
24 enters public office after December thirty-first, two thousand fifteen,
25 need not report clients or customers with respect to matters for which
26 the reporting individual or his or her firm was retained prior to enter-
27 ing public office.
28 Client Name of Lobbyist Description Category of Amount
29 of Matter (in Table 1)
30 ________________________________________________________________________
31 ________________________________________________________________________
32 ________________________________________________________________________
33 ________________________________________________________________________
34 ________________________________________________________________________
35 (d) List the name, principal address and general description or the
36 nature of the business activity of any entity in which the reporting
37 individual or such individual's spouse had an investment in excess of
38 $1,000 excluding investments in securities and interests in real proper-
39 ty.
40 9. List each source of gifts, EXCLUDING campaign contributions, in
41 EXCESS of $1,000, received during the reporting period for which this
42 statement is filed by the reporting individual or such individual's
43 spouse or unemancipated child from the same donor, EXCLUDING gifts from
44 a relative. INCLUDE the name and address of the donor. The term "gifts"
45 does not include reimbursements, which term is defined in item 10.
46 Indicate the value and nature of each such gift.
S. 1473 12
1 Category
2 Self, of
3 Spouse or Name of Nature Value of
4 Child Donor Address of Gift Gift
5 (In Table I)
6 ____________________________________________________________________
7 ____________________________________________________________________
8 ____________________________________________________________________
9 ____________________________________________________________________
10 ____________________________________________________________________
11 10. Identify and briefly describe the source of any reimbursements for
12 expenditures, EXCLUDING campaign expenditures and expenditures in
13 connection with official duties reimbursed by the state, in EXCESS
14 of $1,000 from each such source. For purposes of this item, the term
15 "reimbursements" shall mean any travel-related expenses provided by
16 nongovernmental sources and for activities related to the reporting
17 individual's official duties such as, speaking engagements, confer-
18 ences, or factfinding events. The term "reimbursements" does NOT
19 include gifts reported under item 9.
20 Source Description
21 ____________________________________________________________________
22 ____________________________________________________________________
23 ____________________________________________________________________
24 ____________________________________________________________________
25 ____________________________________________________________________
26 11. List the identity and value, if reasonably ascertainable, of each
27 interest in a trust, estate or other beneficial interest, including
28 retirement plans (other than retirement plans of the state of New
29 York or the city of New York), and deferred compensation plans
30 (e.g., 401, 403(b), 457, etc.) established in accordance with the
31 internal revenue code, in which the REPORTING INDIVIDUAL held a
32 beneficial interest in EXCESS of $1,000 at any time during the
33 preceding year. Do NOT report interests in a trust, estate or other
34 beneficial interest established by or for, or the estate of, a rela-
35 tive.
36 Category
37 Identity of Value*
38 (In Table II)
39 ____________________________________________________________________
40 ____________________________________________________________________
41 ____________________________________________________________________
42 ____________________________________________________________________
43 ____________________________________________________________________
44 * The value of such interest shall be reported only if reasonably
45 ascertainable.
46 12. (a) Describe the terms of, and the parties to, any contract, prom-
47 ise, or other agreement between the reporting individual and any
48 person, firm, or corporation with respect to the employment of such
S. 1473 13
1 individual after leaving office or position (other than a leave of
2 absence).
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
6 ____________________________________________________________________
7 ____________________________________________________________________
8 (b) Describe the parties to and the terms of any agreement providing
9 for continuation of payments or benefits to the REPORTING INDIVIDUAL
10 in EXCESS of $1,000 from a prior employer OTHER THAN the State.
11 (This includes interests in or contributions to a pension fund,
12 profit-sharing plan, or life or health insurance; buy-out agree-
13 ments; severance payments; etc.)
14 ____________________________________________________________________
15 ____________________________________________________________________
16 ____________________________________________________________________
17 ____________________________________________________________________
18 ____________________________________________________________________
19 13. List below the nature and amount of any income in EXCESS of $1,000
20 from EACH SOURCE for the reporting individual and such individual's
21 spouse for the taxable year last occurring prior to the date of
22 filing. Each such source must be described with particularity.
23 Nature of income includes, but is not limited to, all income (other
24 than that received from the employment listed under Item 2 above)
25 from compensated employment whether public or private, directorships
26 and other fiduciary positions, contractual arrangements, teaching
27 income, partnerships, honorariums, lecture fees, consultant fees,
28 bank and bond interest, dividends, income derived from a trust, real
29 estate rents, and recognized gains from the sale or exchange of real
30 or other property. Income from a business or profession and real
31 estate rents shall be reported with the source identified by the
32 building address in the case of real estate rents and otherwise by
33 the name of the entity and not by the name of the individual custom-
34 ers, clients or tenants, with the aggregate net income before taxes
35 for each building address or entity. The receipt of maintenance
36 received in connection with a matrimonial action, alimony and child
37 support payments shall not be listed.
38 Self/ Category
39 Spouse Source Nature of Amount
40 (In Table I)
41 ____________________________________________________________________
42 ____________________________________________________________________
43 ____________________________________________________________________
44 ____________________________________________________________________
45 ____________________________________________________________________
46 14. List the sources of any deferred income (not retirement income) in
47 EXCESS of $1,000 from each source to be paid to the reporting indi-
48 vidual following the close of the calendar year for which this
49 disclosure statement is filed, other than deferred compensation
S. 1473 14
1 reported in item 11 hereinabove. Deferred income derived from the
2 practice of a profession shall be listed in the aggregate and shall
3 identify as the source, the name of the firm, corporation, partner-
4 ship or association through which the income was derived, but shall
5 not identify individual clients.
6 Category
7 Source of Amount
8 (In Table I)
9 ____________________________________________________________________
10 ____________________________________________________________________
11 ____________________________________________________________________
12 ____________________________________________________________________
13 ____________________________________________________________________
14 15. List each assignment of income in EXCESS of $1,000, and each trans-
15 fer other than to a relative during the reporting period for which
16 this statement is filed for less than fair consideration of an
17 interest in a trust, estate or other beneficial interest, securities
18 or real property, by the reporting individual, in excess of $1,000,
19 which would otherwise be required to be reported herein and is not
20 or has not been so reported.
21 Item Assigned Assigned or Category
22 or Transferred Transferred to of Value
23 (In Table I)
24 ____________________________________________________________________
25 ____________________________________________________________________
26 ____________________________________________________________________
27 ____________________________________________________________________
28 ____________________________________________________________________
29 16. List below the type and market value of securities held by the
30 reporting individual or such individual's spouse from each issuing
31 entity in EXCESS of $1,000 at the close of the taxable year last
32 occurring prior to the date of filing, including the name of the
33 issuing entity exclusive of securities held by the reporting indi-
34 vidual issued by a professional corporation. Whenever an interest in
35 securities exists through a beneficial interest in a trust, the
36 securities held in such trust shall be listed ONLY IF the reporting
37 individual has knowledge thereof except where the reporting individ-
38 ual or the reporting individual's spouse has transferred assets to
39 such trust for his or her benefit in which event such securities
40 shall be listed unless they are not ascertainable by the reporting
41 individual because the trustee is under an obligation or has been
42 instructed in writing not to disclose the contents of the trust to
43 the reporting individual. Securities of which the reporting individ-
44 ual or the reporting individual's spouse is the owner of record but
45 in which such individual or the reporting individual's spouse has no
46 beneficial interest shall not be listed. Indicate percentage of
47 ownership ONLY if the reporting person or the reporting person's
48 spouse holds more than five percent (5%) of the stock of a corpo-
49 ration in which the stock is publicly traded or more than ten
50 percent (10%) of the stock of a corporation in which the stock is
S. 1473 15
1 NOT publicly traded. Also list securities owned for investment
2 purposes by a corporation more than fifty percent (50%) of the stock
3 of which is owned or controlled by the reporting individual or such
4 individual's spouse. For the purpose of this item the term "securi-
5 ties" shall mean mutual funds, bonds, mortgages, notes, obligations,
6 warrants and stocks of any class, investment interests in limited or
7 general partnerships and certificates of deposits (CDs) and such
8 other evidences of indebtedness and certificates of interest as are
9 usually referred to as securities. The market value for such secu-
10 rities shall be reported only if reasonably ascertainable and shall
11 not be reported if the security is an interest in a general partner-
12 ship that was listed in item 8 (a) or if the security is corporate
13 stock, NOT publicly traded, in a trade or business of a reporting
14 individual or a reporting individual's spouse.
15 Percentage
16 of corporate
17 stock owned
18 or controlled Category of
19 (if more than Market Value
20 5% of pub- as of the close
21 licly traded of the
22 stock, or taxable year
23 more than last occurring
24 10% if stock prior to
25 Self/ Issuing Type of not publicly the filing of
26 Spouse Entity Security traded, is held) this statement
27 (In Table II)
28 ____________________________________________________________________
29 ____________________________________________________________________
30 ____________________________________________________________________
31 ____________________________________________________________________
32 ____________________________________________________________________
33 17. List below the location, size, general nature, acquisition date,
34 market value and percentage of ownership of any real property in
35 which any vested or contingent interest in EXCESS of $1,000 is held
36 by the reporting individual or the reporting individual's spouse.
37 Also list real property owned for investment purposes by a corpo-
38 ration more than fifty percent (50%) of the stock of which is owned
39 or controlled by the reporting individual or such individual's
40 spouse. Do NOT list any real property which is the primary or
41 secondary personal residence of the reporting individual or the
42 reporting individual's spouse, except where there is a co-owner who
43 is other than a relative.
44 Category
45 Self/ Percentage of
46 Spouse/ General Acquisition of Market
47 Corporation Location Size Nature Date Ownership Value
48 (In
49 Table
50 II)
S. 1473 16
1 ____________________________________________________________________
2 ____________________________________________________________________
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
6 18. List below all notes and accounts receivable, other than from goods
7 or services sold, held by the reporting individual at the close of
8 the taxable year last occurring prior to the date of filing and
9 other debts owed to such individual at the close of the taxable year
10 last occurring prior to the date of filing, in EXCESS of $1,000,
11 including the name of the debtor, type of obligation, date due and
12 the nature of the collateral securing payment of each, if any,
13 excluding securities reported in item 16 hereinabove. Debts, notes
14 and accounts receivable owed to the individual by a relative shall
15 not be reported.
16 Type of Obligation, Category
17 Date Due, and Nature of
18 Name of Debtor of Collateral, if any Amount
19 (In Table II)
20 ____________________________________________________________________
21 ____________________________________________________________________
22 ____________________________________________________________________
23 ____________________________________________________________________
24 ____________________________________________________________________
25 19. List below all liabilities of the reporting individual and such
26 individual's spouse, in EXCESS of $10,000 as of the date of filing
27 of this statement, other than liabilities to a relative. Do NOT list
28 liabilities incurred by, or guarantees made by, the reporting indi-
29 vidual or such individual's spouse or by any proprietorship, part-
30 nership or corporation in which the reporting individual or such
31 individual's spouse has an interest, when incurred or made in the
32 ordinary course of the trade, business or professional practice of
33 the reporting individual or such individual's spouse. Include the
34 name of the creditor and any collateral pledged by such individual
35 to secure payment of any such liability. A reporting individual
36 shall not list any obligation to pay maintenance in connection with
37 a matrimonial action, alimony or child support payments. Any loan
38 issued in the ordinary course of business by a financial institution
39 to finance educational costs, the cost of home purchase or improve-
40 ments for a primary or secondary residence, or purchase of a
41 personally owned motor vehicle, household furniture or appliances
42 shall be excluded. If any such reportable liability has been guaran-
43 teed by any third person, list the liability and name the guarantor.
44 Category
45 Name of Creditor Type of Liability of
46 or Guarantor and Collateral, if any Amount
47 (In Table II)
48 ____________________________________________________________________
49 ____________________________________________________________________
50 ____________________________________________________________________
S. 1473 17
1 ____________________________________________________________________
2 ____________________________________________________________________
3 The requirements of law relating to the reporting of financial
4 interests are in the public interest and no adverse inference of
5 unethical or illegal conduct or behavior will be drawn merely from
6 compliance with these requirements.
7 ___________________________________ _________________________
8 (Signature of Reporting Individual) Date (month/day/year)
9 TABLE I
10 Category A none
11 Category B $ 1 to under $ 1,000
12 Category C $ 1,000 to under $ 5,000
13 Category D $ 5,000 to under $ 20,000
14 Category E $ 20,000 to under $ 50,000
15 Category F $ 50,000 to under $ 75,000
16 Category G $ 75,000 to under $ 100,000
17 Category H $ 100,000 to under $ 150,000
18 Category I $ 150,000 to under $ 250,000
19 Category J $ 250,000 to under $ 350,000
20 Category K $ 350,000 to under $ 450,000
21 Category L $ 450,000 to under $ 550,000
22 Category M $ 550,000 to under $ 650,000
23 Category N $ 650,000 to under $ 750,000
24 Category O $ 750,000 to under $ 850,000
25 Category P $ 850,000 to under $ 950,000
26 Category Q $ 950,000 to under $1,050,000
27 Category R $1,050,000 to under $1,150,000
28 Category S $1,150,000 to under $1,250,000
29 Category T $1,250,000 to under $1,350,000
30 Category U $1,350,000 to under $1,450,000
31 Category V $1,450,000 to under $1,550,000
32 Category W $1,550,000 to under $1,650,000
33 Category X $1,650,000 to under $1,750,000
34 Category Y $1,750,000 to under $1,850,000
35 Category Z $1,850,000 to under $1,950,000
36 Category AA $1,950,000 to under $2,050,000
37 Category BB $2,050,000 to under $2,150,000
38 Category CC $2,150,000 to under $2,250,000
39 Category DD $2,250,000 to under $2,350,000
40 Category EE $2,350,000 to under $2,450,000
41 Category FF $2,450,000 to under $2,550,000
42 Category GG $2,550,000 to under $2,650,000
43 Category HH $2,650,000 to under $2,750,000
44 Category II $2,750,000 to under $2,850,000
45 Category JJ $2,850,000 to under $2,950,000
46 Category KK $2,950,000 to under $3,050,000
47 Category LL $3,050,000 to under $3,150,000
48 Category MM $3,150,000 to under $3,250,000
49 Category NN $3,250,000 to under $3,350,000
50 Category OO $3,350,000 to under $3,450,000
51 Category PP $3,450,000 to under $3,550,000
52 Category QQ $3,550,000 to under $3,650,000
53 Category RR $3,650,000 to under $3,750,000
S. 1473 18
1 Category SS $3,750,000 to under $3,850,000
2 Category TT $3,850,000 to under $3,950,000
3 Category UU $3,950,000 to under $4,050,000
4 Category VV $4,050,000 to under $4,150,000
5 Category WW $4,150,000 to under $4,250,000
6 Category XX $4,250,000 to under $4,350,000
7 Category YY $4,350,000 to under $4,450,000
8 Category ZZ $4,450,000 to under $4,550,000
9 Category AAA $4,550,000 to under $4,650,000
10 Category BBB $4,650,000 to under $4,750,000
11 Category CCC $4,750,000 to under $4,850,000
12 Category DDD $4,850,000 to under $4,950,000
13 Category EEE $4,950,000 to under $5,050,000
14 Category FFF $5,050,000 to under $5,150,000
15 Category GGG $5,150,000 to under $5,250,000
16 Category HHH $5,250,000 to under $5,350,000
17 Category III $5,350,000 to under $5,450,000
18 Category JJJ $5,450,000 to under $5,550,000
19 Category KKK $5,550,000 to under $5,650,000
20 Category LLL $5,650,000 to under $5,750,000
21 Category MMM $5,750,000 to under $5,850,000
22 Category NNN [$5,580,000] $5,850,000 to under $5,950,000
23 Category OOO $5,950,000 to under $6,050,000
24 Category PPP $6,050,000 to under $6,150,000
25 Category QQQ $6,150,000 to under $6,250,000
26 Category RRR $6,250,000 to under $6,350,000
27 Category SSS $6,350,000 to under $6,450,000
28 Category TTT $6,450,000 to under $6,550,000
29 Category UUU $6,550,000 to under $6,650,000
30 Category VVV $6,650,000 to under $6,750,000
31 Category WWW $6,750,000 to under $6,850,000
32 Category XXX $6,850,000 to under $6,950,000
33 Category YYY $6,950,000 to under $7,050,000
34 Category ZZZ $7,050,000 to under $7,150,000
35 Category AAAA $7,150,000 to under $7,250,000
36 Category BBBB $7,250,000 to under $7,350,000
37 Category CCCC $7,350,000 to under $7,450,000
38 Category DDDD $7,450,000 to under $7,550,000
39 Category EEEE $7,550,000 to under $7,650,000
40 Category FFFF $7,650,000 to under $7,750,000
41 Category GGGG $7,750,000 to under $7,850,000
42 Category HHHH $7,850,000 to under $7,950,000
43 Category IIII $7,950,000 to under $8,050,000
44 Category JJJJ $8,050,000 to under $8,150,000
45 Category KKKK $8,150,000 to under $8,250,000
46 Category LLLL $8,250,000 to under $8,350,000
47 Category MMMM $8,350,000 to under $8,450,000
48 Category NNNN $8,450,000 to under $8,550,000
49 Category OOOO $8,550,000 to under $8,650,000
50 Category PPPP $8,650,000 to under $8,750,000
51 Category QQQQ $8,750,000 to under $8,850,000
52 Category RRRR $8,850,000 to under $8,950,000
53 Category SSSS $8,950,000 to under $9,050,000
54 Category TTTT $9,050,000 to under $9,150,000
55 Category UUUU $9,150,000 to under $9,250,000
56 Category VVVV $9,250,000 to under $9,350,000
S. 1473 19
1 Category WWWW $9,350,000 to under $9,450,000
2 Category XXXX $9,450,000 to under $9,550,000
3 Category YYYY $9,550,000 to under $9,650,000
4 Category ZZZZ $9,650,000 to under $9,750,000
5 Category AAAAA $9,750,000 to under $9,850,000
6 Category BBBBB $9,850,000 to under $9,950,000
7 Category CCCCC $9,950,000 to under $10,000,000
8 Category DDDDD $10,000,000 or over
9 TABLE II
10 Category A none
11 Category B $ 1 to under $ 1,000
12 Category C $ 1,000 to under $ 5,000
13 Category D $ 5,000 to under $ 20,000
14 Category E $ 20,000 to under $ 50,000
15 Category F $ 50,000 to under $ 75,000
16 Category G $ 75,000 to under $ 100,000
17 Category H $ 100,000 to under $ 150,000
18 Category I $ 150,000 to under $ 250,000
19 Category J $ 250,000 to under $ 500,000
20 Category K $ 500,000 to under $ 750,000
21 Category L $ 750,000 to under $1,000,000
22 Category M $1,000,000 to under $1,250,000
23 Category N $1,250,000 to under $1,500,000
24 Category O $1,500,000 to under $1,750,000
25 Category P $1,750,000 to under $2,000,000
26 Category Q $2,000,000 to under $2,250,000
27 Category R $2,250,000 to under $2,500,000
28 Category S $2,500,000 to under $2,750,000
29 Category T $2,750,000 to under $3,000,000
30 Category U $3,000,000 to under $3,250,000
31 Category V $3,250,000 to under $3,500,000
32 Category W $3,500,000 to under $3,750,000
33 Category X $3,750,000 to under $4,000,000
34 Category Y $4,000,000 to under $4,250,000
35 Category Z $4,250,000 to under $4,500,000
36 Category AA $4,500,000 to under $4,750,000
37 Category BB $4,750,000 to under $5,000,000
38 Category CC $5,000,000 to under $5,250,000
39 Category DD $5,250,000 to under $5,500,000
40 Category EE $5,500,000 to under $5,750,000
41 Category FF $5,750,000 to under $6,000,000
42 Category GG $6,000,000 to under $6,250,000
43 Category HH $6,250,000 to under $6,500,000
44 Category II $6,500,000 to under $6,750,000
45 Category JJ $6,750,000 to under $7,000,000
46 Category KK $7,000,000 to under $7,250,000
47 Category LL $7,250,000 to under $7,500,000
48 Category MM $7,500,000 to under $7,750,000
49 Category NN $7,750,000 to under $8,000,000
50 Category OO $8,000,000 to under $8,250,000
51 Category PP $8,250,000 to under $8,500,000
52 Category QQ $8,500,000 to under $8,750,000
53 Category RR $8,750,000 to under $9,000,000
54 Category SS $9,000,000 to under $9,250,000
S. 1473 20
1 Category TT $9,250,000 to under $9,500,000
2 Category UU $9,500,000 or over
3 (b) The joint commission on public ethics shall make available an
4 editable, electronic, readable and searchable version of the annual
5 statement of financial disclosure by January first, two thousand twenty
6 to all those required by law to submit such forms.
7 § 3. This act shall take effect immediately; provided however that
8 section one of this act shall take effect January 1, 2023.