S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8139
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2021
                                ___________
 
 Introduced  by  M. of A. NIOU -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the public  officers  law  and  the  executive  law,  in
   relation  to  requiring certain state officials and officers to submit
   an application for approval by the joint commission on  public  ethics
   for compensation from advance payments from book deals or contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 73 of the public officers law is amended by  adding
 a new subdivision 7-b to read as follows:
   7-B.  APPLICATION  FOR  APPROVAL OF COMPENSATION. NO STATEWIDE ELECTED
 OFFICIAL OR STATE OFFICER SHALL ACCEPT ANY COMPENSATION FROM AN ADVANCED
 PAYMENT FROM ANY DEAL OR CONTRACT SUCH INDIVIDUAL IS A PARTY TO PERTAIN-
 ING TO THE WRITING OR PUBLISHING  OF  ANY  BOOK  IN  EXCESS  OF  FIFTEEN
 PERCENT  OF  SUCH ELECTED OFFICIAL OR OFFICER'S ANNUAL BASE SALARY PRIOR
 TO SUBMITTING AN APPLICATION TO THE JOINT COMMISSION ON  PUBLIC  ETHICS.
 FOR  PURPOSES  OF THIS SUBDIVISION, "STATE OFFICER" SHALL MEAN (A) HEADS
 OF STATE DEPARTMENTS AND THEIR DEPUTIES OTHER THAN MEMBERS OF THE  BOARD
 OF  REGENTS  OF  THE  UNIVERSITY OF THE STATE OF NEW YORK WHO RECEIVE NO
 COMPENSATION OR ARE COMPENSATED ON A PER DIEM  BASIS,  (B)  OFFICERS  OF
 STATEWIDE  ELECTED  OFFICIALS,  OFFICERS  OF  STATE DEPARTMENTS, BOARDS,
 BUREAUS, DIVISIONS, COMMISSIONS, COUNCILS OR OTHER STATE AGENCIES  OTHER
 THAN  OFFICERS  OF  SUCH  BOARDS, COMMISSIONS OR COUNCILS WHO RECEIVE NO
 COMPENSATION OR ARE COMPENSATED ON A PER DIEM BASIS, AND  (C)  DIRECTORS
 OF  PUBLIC AUTHORITIES, OTHER THAN MULTI-STATE AUTHORITIES, PUBLIC BENE-
 FIT CORPORATIONS AND COMMISSIONS  AT  LEAST  ONE  OF  WHOSE  MEMBERS  IS
 APPOINTED  BY THE GOVERNOR, WHO RECEIVE COMPENSATION OTHER THAN ON A PER
 DIEM BASIS. NO SUCH ELECTED OFFICIAL OR STATE OFFICER SHALL ACCEPT  SUCH
 COMPENSATION  UNLESS  SUCH  APPLICATION  IS UNANIMOUSLY APPROVED BY EACH
 COMMISSIONER OF THE JOINT COMMISSION ON PUBLIC ETHICS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10786-02-1
              

 A. 8139                             2
 
   § 2. Paragraphs (m) and (n) of subdivision 9  of  section  94  of  the
 executive  law,  paragraph  (m) as amended and paragraph (n) as added by
 section 6 of part A of chapter 399 of the laws of 2011, are amended  and
 two new paragraphs (o) and (p) are added to read as follows:
   (m)  Determine  a  question  common  to a class or defined category of
 persons or items of information required to be disclosed, where determi-
 nation of the question will prevent undue  repetition  of  requests  for
 exemption  or  deletion  or prevent undue complication in complying with
 the requirements of such section; [and]
   (n) Promulgate guidelines for the commission to conduct a  program  of
 random  reviews,  to  be carried out in the following manner: (i) annual
 statements of financial disclosure shall be selected  for  review  in  a
 manner  pursuant  to  which  the identity of any particular person whose
 statement is selected is unknown to the commission and its  staff  prior
 to  its selection; (ii) such review shall include a preliminary examina-
 tion of the selected statement for internal  consistency,  a  comparison
 with  other  records  maintained by the commission, including previously
 filed statements and requests for advisory opinions, and examination  of
 relevant  public  information;  (iii) upon completion of the preliminary
 examination, the commission shall determine whether further  inquiry  is
 warranted, whereupon it shall notify the reporting individual in writing
 that  the  statement is under review, advise the reporting individual of
 the specific areas of inquiry, and provide the reporting individual with
 the opportunity to provide  any  relevant  information  related  to  the
 specific areas of inquiry, and the opportunity to file amendments to the
 selected  statement  on  forms  provided  by the commission; and (iv) if
 thereafter sufficient cause exists, the commission shall take additional
 actions, as appropriate and consistent with law[.];
   (O) DEVELOP AN APPLICATION FOR USE BY STATEWIDE ELECTED OFFICIALS  AND
 STATE  OFFICERS,  AS  SUCH  TERM  IS  DEFINED  BY SUBDIVISION SEVEN-B OF
 SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, TO APPLY FOR  APPROVAL
 TO  RECEIVE  COMPENSATION  FROM  AN  ADVANCED  PAYMENT  FROM ANY DEAL OR
 CONTRACT SUCH INDIVIDUAL IS A PARTY TO  PERTAINING  TO  THE  WRITING  OR
 PUBLISHING  OF  ANY  BOOK  IN  EXCESS OF FIFTEEN PERCENT OF SUCH ELECTED
 OFFICIAL OR STATE OFFICER'S SALARY.  SUCH APPLICATION SHALL INCLUDE, BUT
 NOT BE LIMITED TO THE TERMS OF, THE PARTIES TO, AND THE DOLLAR AMOUNT OF
 THE ADVANCED PAYMENT OF SUCH  DEAL OR CONTRACT; AND
   (P) REVIEW APPLICATIONS FOR APPROVAL TO RECEIVE COMPENSATION  FROM  AN
 ADVANCED PAYMENT FROM ANY DEAL OR CONTRACT SUCH INDIVIDUAL IS A PARTY TO
 PERTAINING TO THE WRITING OR PUBLISHING OF ANY BOOK IN EXCESS OF FIFTEEN
 PERCENT  SUBMITTED  BY  STATEWIDE  ELECTED OFFICIALS AND STATE OFFICERS;
 PROVIDED, HOWEVER THAT SUCH REVIEW SHALL BE COMPLETED BY THE COMMISSION-
 ERS.  APPROVAL OF ANY SUCH APPLICATION SHALL BE UNANIMOUS.
   § 3. Subparagraphs 5 and 6 of  paragraph  (a)  of  subdivision  19  of
 section  94  of  the executive law, as amended by section 6 of part A of
 chapter 399 of the laws of 2011, are amended and a new subparagraph 7 is
 added to read as follows:
   (5) those required to be held or maintained publicly available  pursu-
 ant to article one-A of the legislative law; [and]
   (6)  substantial  basis investigation reports issued by the commission
 pursuant to subdivision fourteen-a or fourteen-b of this  section.  With
 respect  to reports concerning members of the legislature or legislative
 employees or candidates for member of the legislature, the joint commis-
 sion shall not publicly disclose or otherwise disseminate  such  reports
 except in conformance with the requirements of paragraph (b) of subdivi-
 sion nine of section eighty of the legislative law[.]; AND

 A. 8139                             3
 
   (7)  APPROVED  APPLICATIONS  TO  RECEIVE COMPENSATION FROM AN ADVANCED
 PAYMENT FROM ANY DEAL OR CONTRACT SUCH INDIVIDUAL IS A PARTY TO PERTAIN-
 ING TO THE WRITING OR PUBLISHING  OF  ANY  BOOK  IN  EXCESS  OF  FIFTEEN
 PERCENT  SUBMITTED  BY  STATEWIDE  ELECTED OFFICIALS AND STATE OFFICERS,
 INCLUDING  THE  TERMS  OF,  THE PARTIES TO, AND THE DOLLAR AMOUNT OF THE
 ADVANCED PAYMENT OF SUCH DEAL OR CONTRACT AND AN  AFFIRMATIVE  STATEMENT
 THAT  NO  PUBLIC RESOURCES OR PUBLIC EMPLOYEE SHALL BE USED BY STATEWIDE
 ELECTED OFFICIALS OR STATE OFFICERS FOR SUCH COMPENSATION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.