S T A T E O F N E W Y O R K
________________________________________________________________________
5738
2009-2010 Regular Sessions
I N S E N A T E
June 2, 2009
___________
Introduced by Sens. SQUADRON, ADAMS, BRESLIN, DUANE, C. JOHNSON, KLEIN,
KRUEGER, OPPENHEIMER, PARKER, PERKINS, SAMPSON, SAVINO, SCHNEIDERMAN,
SERRANO, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY --
read twice and ordered printed, and when printed to be committed to
the Committee on Investigations and Government Operations
AN ACT to amend the executive law, the civil service law, the legisla-
tive law, the election law and the racing, pari-mutuel wagering and
breeding law, in relation to enacting the ethics reform act of 2009;
and to repeal certain provisions of the executive law and the legisla-
tive law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "commission
on governmental ethics act of 2009".
S 2. The section heading and subdivisions 1, 2, 3, 4 and 6 of section
94 of the executive law, as amended by chapter 14 of the laws of 2007,
are amended to read as follows:
[Commission on public integrity;] COMMISSION ON GOVERNMENTAL ETHICS;
functions, powers and duties; review of financial disclosure statements;
advisory opinions; investigation and enforcement. 1. There is estab-
lished within the department of state a [commission on public integrity]
COMMISSION ON GOVERNMENTAL ETHICS which shall consist of [thirteen] NINE
members and shall have and exercise the powers and duties set forth in
this section only with respect to [statewide] STATE elected officials
and state officers and employees, as defined in sections seventy-three
and seventy-three-a of the public officers law, candidates for [state-
wide] STATE elected office, and the political party [chairman] CHAIR as
that term is defined in section seventy-three-a of the public officers
law, lobbyists and the clients of lobbyists as such terms are defined in
article one-A of the legislative law, and individuals who have formerly
held such positions, were lobbyists or clients of lobbyists, as such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11270-05-9
S. 5738 2
terms are defined in article one-A of the legislative law, or who have
formerly been such candidates. This section shall not revoke or rescind
any regulations or advisory opinions issued by the state ethics commis-
sion and the temporary lobbying commission in effect upon the effective
date of a chapter of the laws of two thousand [seven] NINE which amended
this section to the extent that such regulations or opinions are not
inconsistent with any law of the state of New York, but such regulations
and opinions shall apply only to matters over which such commissions had
jurisdiction at the time such regulations and opinions were promulgated
or issued. The commission shall undertake a comprehensive review of all
such regulations and opinions, which will address the consistency of
such regulations and opinions among each other and with the new statuto-
ry language. [The commission shall, before April first, two thousand
eight, report to the governor and legislature regarding such review and
shall propose any regulatory changes and issue any advisory opinions
necessitated by such review.]
2. The members of the commission shall be appointed by the governor
provided, however, that one member shall be appointed on the nomination
of the comptroller, one member shall be appointed on the nomination of
the attorney general, one member shall be appointed on the nomination of
the temporary president of the senate, one member shall be appointed on
the nomination of the speaker of the assembly, one member shall be
appointed on the nomination of the minority leader of the senate, and
one member shall be appointed on the nomination of the minority leader
of the assembly. Of the [seven] THREE members appointed by the governor
without prior nomination, no more than [four] TWO members shall belong
to the same political party [and no]. NO members shall be public offi-
cers or employees or hold any public office, elected or appointed. No
member shall be [a member of the legislature, a candidate for member of
the legislature,] an employee of the legislature, a political party
[chairman] CHAIR as defined in paragraph (k) of subdivision one of
section seventy-three of the public officers law, [or a lobbyist as
defined in subdivision (a) of section one-c of the legislative law] OR A
REGISTERED LOBBYIST IN ANY OTHER STATE, OR BEFORE THE UNITED STATES
CONGRESS OR EXECUTIVE BRANCH. NO MEMBER WHO IS A PARTNER, OF COUNSEL OR
OTHERWISE EMPLOYED BY A POLITICAL CONSULTING FIRM OR AN ENTITY REGIS-
TERED PURSUANT TO SUBDIVISION (A) OF SECTION ONE-C OF THE LEGISLATIVE
LAW OR ANY ENTITY RECEIVING A STATE CONTRACT, MAY SHARE IN ANY PART OF
THE PROFITS DERIVED FROM LOBBYING OR POLITICAL CONSULTING AND SHALL NOT
PARTICIPATE IN THE PLANNING, STRATEGY OR DECISION MAKING OF MATTERS
RELATED TO LOBBYING OR POLITICAL CONSULTING. TO THE EXTENT POSSIBLE, THE
MEMBERS OF THE BOARD SHALL BE INDIVIDUALS WITH EXTENSIVE KNOWLEDGE OR
EXPERIENCE IN THE FIELD OF GOVERNMENT ETHICS.
3. Members of the commission shall serve for terms of five years;
provided, however, that of the members first appointed without prior
nomination, [one shall serve for one year,] one shall serve for two
years, one shall serve for three years, and one shall serve for four
years, as designated by the governor; the members first appointed on the
nominations of the comptroller and the temporary president of the senate
shall serve for four years and the members first appointed on the nomi-
nations of the attorney general and the speaker of the assembly shall
serve for two years.
4. [The governor shall designate the chairman of the commission from
among the members thereof, who shall serve as chairman at the pleasure
of the governor.] THE CHAIR AND THE VICE-CHAIR OF THE COMMISSION SHALL
BE ELECTED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION TO SERVE A ONE
S. 5738 3
YEAR TERM. EITHER THE CHAIR OR THE VICE-CHAIR OF THE COMMISSION SHALL
BE SELECTED FROM AMONG THE APPOINTEES OF THE LEGISLATIVE BRANCHES. THE
CHAIR AND THE VICE-CHAIR SHALL EACH BE A MEMBER OF A DIFFERENT MAJOR
POLITICAL PARTY AS SUCH TERM IS DEFINED IN THE ELECTION LAW. The [chair-
man] CHAIR or any [seven] FIVE members of the commission may call a
meeting.
6. [Seven] FIVE members of the commission shall constitute a quorum,
and the commission shall have power to act by majority vote of the total
number of members of the commission without vacancy.
S 3. Paragraph (a) of subdivision 9 of section 94 of the executive
law, as amended by chapter 14 of the laws of 2007, is amended to read as
follows:
(a) [Appoint] THROUGH A JOINT AGREEMENT BETWEEN THE CHAIR AND THE
VICE-CHAIR, APPOINT an executive director who shall act in accordance
with the policies of the commission. THE EXECUTIVE DIRECTOR SHALL BE
APPOINTED WITHOUT REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE
BASIS OF FITNESS TO PERFORM THE DUTIES ASSIGNED BY THIS ARTICLE. THE
TERM OF OFFICE OF THE EXECUTIVE DIRECTOR SHALL BE FIVE YEARS, EXCEPT
THAT THROUGH JOINT AGREEMENT, THE CHAIR AND THE VICE-CHAIR MAY REMOVE
THE EXECUTIVE DIRECTOR ONLY FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS
MISCONDUCT IN OFFICE, OR INABILITY TO DISCHARGE THE POWERS OR DUTIES OF
OFFICE, SHOWN AFTER GIVING SUCH PERSON A COPY OF THE CHARGES AGAINST HIM
OR HER AND AN OPPORTUNITY TO BE HEARD IN HIS OR HER DEFENSE. ANY INDI-
VIDUAL APPOINTED TO FILL A VACANCY PRIOR TO THE EXPIRATION OF A TERM
SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF SUCH TERM. AN INDIVIDUAL
SERVING AS EXECUTIVE DIRECTOR AT THE EXPIRATION OF THE TERM MAY CONTINUE
TO SERVE UNTIL A SUCCESSOR IS APPOINTED, EXCEPT THAT SUCH INDIVIDUAL
SHALL NOT SERVE IN THAT CAPACITY IN EXCESS OF ONE YEAR. THE COMMISSION
SHALL HAVE THE AUTHORITY TO REAPPOINT THE EXECUTIVE DIRECTOR FOR A
SECOND TERM. NO EXECUTIVE DIRECTOR SHALL SERVE MORE THAN TWO TERMS
CONSECUTIVELY. The commission may delegate authority to the executive
director to act in the name of the commission between meetings of the
commission provided such delegation is in writing and the specific
powers to be delegated are enumerated;
S 4. Paragraphs (a) and (b) of subdivision 12 of section 94 of the
executive law, as amended by chapter 14 of the laws of 2007, are amended
to read as follows:
(a) If the commission receives a sworn complaint alleging a violation
of section seventy-three, seventy-three-a or seventy-four of the public
officers law, section one hundred seven of the civil service law or
article one-A of the legislative law by a person or entity subject to
the jurisdiction of the commission, or if a reporting individual has
filed a statement which reveals a possible violation of these
provisions, or if the commission determines on its own initiative to
investigate a possible violation, the commission shall notify the indi-
vidual in writing, describe the possible or alleged violation of such
laws and provide the person with a fifteen day period in which to submit
a written response setting forth information relating to the activities
cited as a possible or alleged violation of law. If the commission ther-
eafter makes a determination that further inquiry is justified, it shall
give the individual an opportunity to be heard. The commission shall
also inform the individual of its rules regarding the conduct of adjudi-
catory proceedings and appeals and the due process procedural mechanisms
available to such individual. If the commission determines at any stage
of the proceeding, that there is no violation or that any potential
conflict of interest violation has been rectified, it shall so advise
S. 5738 4
the individual and the complainant, if any. All of the foregoing
proceedings shall be confidential EXCEPT THAT THE COMMISSION SHALL MAIN-
TAIN TRANSCRIPTS OF THE TESTIMONY GIVEN AND SHALL PUBLICLY DISCLOSE THE
OUTCOME OF ANY SUCH PROCEEDING.
(b) If the commission determines that there is reasonable cause to
believe that a violation has occurred, it shall send a notice of reason-
able cause: (i) to the reporting person; (ii) to the complainant if any;
(iii) in the case of a statewide elected official, to the GOVERNOR, THE
temporary president of the senate and the speaker of the assembly; and
(iv) in the case of a state officer or employee, to the appointing
authority for such person.
S 5. Subdivision 13-a of section 94 of the executive law is REPEALED.
S 6. Subdivisions 16, 16-a and 17 of section 94 of the executive law,
subdivisions 16 and 17 as amended and subdivision 16-a as added by chap-
ter 14 of the laws of 2007, are amended to read as follows:
16. In addition to any other powers and duties specified by law, the
commission shall have the power and duty to:
(a) Promulgate rules concerning restrictions on outside activities and
limitations on the receipt of gifts and honoraria by persons subject to
its jurisdiction, provided, however, a violation of such rules in and of
itself shall not be punishable pursuant to subdivision thirteen of this
section unless the conduct constituting the violation would otherwise
constitute a violation of this section; and
(b) Conduct training programs in cooperation with the governor's
office of employee relations to provide education to individuals subject
to its jurisdiction; and
(c) Administer and enforce all the provisions of this section; and
(d) Conduct any investigation necessary to carry out the provisions of
this section[. Pursuant to this power and duty, the commission may
administer oaths or affirmations, subpoena witnesses, compel their
attendance and require the production of any books or records which it
may deem relevant or material]; AND
(E) WITH RESPECT TO THE PERFORMANCE OF ITS FUNCTIONS, DUTIES AND
POWERS AND SUBJECT TO THE LIMITATION CONTAINED IN PARAGRAPH (D) OF THIS
SUBDIVISION, THE COMMISSION SHALL BE AUTHORIZED AS FOLLOWS:
(1) TO CONDUCT ANY INVESTIGATION AUTHORIZED BY THIS SECTION AT ANY
PLACE WITHIN THE STATE; AND TO MAINTAIN OFFICES, HOLD MEETINGS AND FUNC-
TIONS AT ANY PLACE WITHIN THE STATE AS IT MAY DEEM NECESSARY;
(2) TO CONDUCT PRIVATE AND PUBLIC HEARINGS AND TO DESIGNATE ONE OR
MORE MEMBERS OF THE COMMISSION OR OF ITS STAFF TO PRESIDE OVER ANY SUCH
HEARINGS;
(3) TO ADMINISTER OATHS OR AFFIRMATIONS, SUBPOENA WITNESSES, COMPEL
THEIR ATTENDANCE, EXAMINE THEM UNDER OATH OR AFFIRMATION AND REQUIRE THE
PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS OR OTHER EVIDENCE IT MAY
DEEM RELEVANT OR MATERIAL TO AN INVESTIGATION; AND THE COMMISSION MAY
DESIGNATE ANY OF ITS MEMBERS OR ANY MEMBER OF ITS STAFF TO EXERCISE ANY
SUCH POWERS; AND
(4) UNLESS OTHERWISE INSTRUCTED BY A RESOLUTION ADOPTED BY A MAJORITY
OF THE MEMBERS OF THE COMMISSION, EVERY WITNESS ATTENDING BEFORE THE
COMMISSION SHALL BE EXAMINED PRIVATELY AND THE COMMISSION SHALL NOT MAKE
PUBLIC THE PARTICULARS OF SUCH EXAMINATION. THE COMMISSION SHALL NOT
HAVE THE POWER TO TAKE TESTIMONY AT A PRIVATE HEARING OR AT A PUBLIC
HEARING UNLESS AT LEAST TWO OF ITS MEMBERS, ONE OF WHOM SHALL BE AN
APPOINTEE OF THE GOVERNOR AND THE OTHER AN APPOINTEE OF EITHER THE
TEMPORARY PRESIDENT OF THE SENATE OR OF THE SPEAKER OF THE ASSEMBLY, ARE
PRESENT AT SUCH HEARING.
S. 5738 5
16-a. Within one hundred twenty days of the effective date of this
subdivision, the commission shall create and thereafter maintain a
publicly accessible website which shall set forth the procedure for
filing a complaint with the commission, and which shall contain the
documents identified in subdivision seventeen of this section, [other
than financial disclosure statements,] and any other records or informa-
tion which the commission determines to be appropriate.
17. (a) Notwithstanding the provisions of article six of the public
officers law, the only records of the commission which shall be avail-
able for public inspection and copying are:
(1) the information set forth in an annual statement of financial
disclosure filed pursuant to section seventy-three-a of the public offi-
cers law [except the categories of value or amount, which shall remain
confidential,] and any other item of information deleted pursuant to
paragraph (h) of subdivision nine of this section;
(2) notices of delinquency sent under subdivision eleven of this
section;
(3) notices of reasonable cause sent under paragraph (b) of subdivi-
sion twelve of this section;
(4) notices of civil assessments imposed under this section which
shall include a description of the nature of the alleged wrongdoing, the
procedural history of the complaint, the findings and determinations
made by the commission, and any sanction imposed;
(5) the terms of any settlement or compromise of a complaint or refer-
ral which includes a fine, penalty or other remedy; [and]
(6) THE HEARING SHALL BE TRANSCRIBED OR RECORDED AND A COPY OF THE
TRANSCRIPT OR RECORD, OR ANY PART THEREOF, SHALL BE MADE AVAILABLE TO
ANY PARTY TO THE HEARING UPON REQUEST THEREFOR; AND
(7) those required to be held or maintained publicly available pursu-
ant to article one-A of the legislative law.
(b) [Notwithstanding the provisions of article seven of the public
officers law, no meeting or proceeding, including any such proceeding
contemplated under paragraph (h) or (i) of subdivision nine of this
section, of the commission shall be open to the public, except if
expressly provided otherwise by the commission or as is required by
article one-A of the legislative law.
(c)] Pending any application for deletion or exemption to the commis-
sion, all information which is the subject or a part of the application
shall remain confidential. Upon [an adverse] A determination by the
commission, the reporting individual may request, and upon such request
the commission shall provide, that any information which is the subject
or part of the application remain confidential for a period of thirty
days following notice of such determination. [In the event that the
reporting individual resigns his office and holds no other office
subject to the jurisdiction of the commission, the information shall not
be made public and shall be expunged in its entirety.]
S 7. Paragraph (c) of subdivision 12 of section 94 of the executive
law, as amended by section 4 of chapter 14 of the laws of 2007, is
amended to read as follows:
(c) The jurisdiction of the commission when acting pursuant to this
section shall continue notwithstanding that a [statewide] STATE elected
official or a state officer or employee separates from state service, or
a political party chair ceases to hold such office, or a candidate ceas-
es to be a candidate, or a lobbyist or client of a lobbyist ceases to
act as such, provided that the commission notifies such individual or
entity of the alleged violation of law pursuant to paragraph (a) of this
S. 5738 6
subdivision within one year from his or her separation from state
service or his or her termination of party service or candidacy, or from
his, her or its last report filed pursuant to article one-A of the
legislative law. Nothing in this section shall serve to limit the juris-
diction of the commission in enforcement of subdivision eight of section
seventy-three of the public officers law.
S 8. Subdivision 5 of section 107 of the civil service law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
5. Violation of this section. Complaints alleging a violation of this
section by a [statewide] STATE elected official or a state officer or
employee, as defined in section seventy-three of the public officers
law, may be directed to the commission on [public integrity] GOVERN-
MENTAL ETHICS.
S 9. Subdivision (f) of section 1-c of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(f) The term "commission" shall mean the commission on [public integ-
rity] GOVERNMENTAL ETHICS created by section ninety-four of the execu-
tive law.
S 10. Section 60 of the legislative law, as amended by chapter 416 of
the laws of 1954, is amended to read as follows:
S 60. Testimony before legislative committees. 1. THE COMMISSION ON
GOVERNMENTAL ETHICS ACTIVITIES SHALL BE SUBJECT TO OVERSIGHT BY THE
LEGISLATURE. A legislative committee may require the attendance of
witnesses in this state whom the committee may wish to examine, or may
issue a commission for the examination of witnesses who are out of the
state or unable to attend the committee or excused from attendance,
which commission if directed by the house or legislature by which the
committee is appointed may be executed during the recess of the legisla-
ture. A commission issued as provided by this section shall be in the
form used in the courts of record of this state and shall be executed in
like manner. Unless otherwise instructed by the committee appointing
them the commissioners shall examine privately every witness attending
before them and shall not make public the particulars of such examina-
tion. No committee of either house or a joint committee of both houses
shall have the power to take testimony at a private hearing or at a
public hearing unless at least two of its members are present at such
hearing.
2. THE LEGISLATIVE COMMITTEES RESPONSIBLE FOR OVERSIGHT OF THE COMMIS-
SION ON GOVERNMENTAL ETHICS CREATED PURSUANT TO SECTION NINETY-FOUR OF
THE EXECUTIVE LAW SHALL HOLD HEARINGS REGARDING THE ANNUAL REPORT AND
RECOMMENDATIONS OF THE COMMISSION WITHIN THIRTY DAYS OF THE PUBLIC
RELEASE OF THE COMMISSION'S ANNUAL REPORT.
S 11. Article 5 of the legislative law is REPEALED.
S 12. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as
redesignated and subdivision 2 as amended by chapter 9 of the laws of
1978, is amended to read as follows:
S 3-104. [State board of elections] COMMISSION ON GOVERNMENTAL ETHICS;
enforcement powers. 1. The [state board of elections] COMMISSION ON
GOVERNMENTAL ETHICS shall have jurisdiction of, and be responsible for,
the execution and enforcement of the provisions of article fourteen of
this chapter and other statutes governing campaigns, elections and
related procedures.
2. Whenever the [state board of elections or other board of elections]
COMMISSION ON GOVERNMENTAL ETHICS shall determine, on its own initiative
or upon complaint FROM THE STATE BOARD OF ELECTIONS, OTHER BOARDS OF
ELECTION OR THE PUBLIC, or otherwise, that there is substantial reason
S. 5738 7
to believe a violation of this chapter or any code or regulation promul-
gated thereunder has occurred, it shall expeditiously make an investi-
gation which shall also include investigation of reports and statements
made or failed to be made by the complainant and any political committee
supporting his candidacy if the complainant is a candidate or, if the
complaint was made by an officer or member of a political committee, of
reports and statements made or failed to be made by such political
committee and any candidates supported by it. The [state board of
elections] COMMISSION ON GOVERNMENTAL ETHICS, in lieu of making such an
investigation, may direct the appropriate board of elections to make an
investigation. The [state board of elections] COMMISSION ON GOVERNMENTAL
ETHICS may request, and shall receive, the assistance of the state
police in any investigation it shall conduct.
3. If, after an investigation, the [state or other board of elections]
COMMISSION ON GOVERNMENTAL ETHICS finds reasonable cause to believe that
a violation warranting criminal prosecution has taken place, it shall
forthwith refer the matter to the district attorney of the appropriate
county and shall make available to such district attorney all relevant
papers, documents, testimony and findings relevant to its investigation.
4. The [state or other board of elections] COMMISSION ON GOVERNMENTAL
ETHICS may, where appropriate, commence a judicial proceeding with
respect to the filing or failure to file any statement of receipts,
expenditures, or contributions, under the provisions of this chapter,
and the state board of elections may direct the appropriate other board
of elections to commence such proceeding.
5. The [state board of elections] COMMISSION ON GOVERNMENTAL ETHICS
may promulgate rules and regulations consistent with law to effectuate
the provisions of this section.
S 13. Subdivision 5 of section 107 of the civil service law, as
amended by chapter 14 of the laws of 2007, is amended to read as
follows:
5. Violation of this section. Complaints alleging a violation of this
section by a statewide elected official or a state officer or employee,
as defined in section seventy-three of the public officers law, may be
directed to the commission on [public integrity] GOVERNMENTAL ETHICS.
S 14. Subdivision 3 of section 212 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 18 of the laws of 2008, is
amended to read as follows:
3. Such members, except as otherwise provided by law, may engage in
private or public employment, or in a profession or business. The board,
its members, officers and employees shall be subject to the provisions
of sections seventy-three and seventy-four of the public officers law.
No former trustee or officer of a non-profit racing association known as
The New York Racing Association, Inc. or its predecessor, no current
director or officer of a franchised corporation or any individual regis-
tered with the New York commission on [public integrity] GOVERNMENTAL
ETHICS shall be appointed as members to the board nor shall any member
of the board have any direct or indirect interest in any racehorse,
thoroughbred racing or pari-mutuel wagering business, video lottery
terminal facility or any development at any racing facility.
S 15. All powers, duties and functions conferred upon the commission
on public integrity and the legislative ethics commission, its commis-
sioners and executive directors, shall be transferred to and assumed by
the commission on governmental ethics and the commissioners and execu-
tive directors to be appointed thereof.
S. 5738 8
S 16. Transfer of employees. Upon the transfer of the functions, as
provided for in this act, any affected employees shall be transferred to
the commission on governmental ethics in accordance with section 70 of
the civil service law.
S 17. Transfer of records. The commission on public integrity and the
legislative ethics commission shall deliver to the commission on govern-
mental ethics all books, papers, records, and property as requested by
the commission on governmental ethics pursuant to this act.
S 18. Continuity of authority. For the purpose of succession to all
functions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the commission on
governmental ethics shall be deemed and held to constitute the continua-
tion of the commission on public integrity and the legislative ethics
commission pertaining to the powers and functions herein transferred.
S 19. Completion of unfinished business. Any business or other matter
undertaken or commenced by the commission on public integrity and the
legislative ethics commission pertaining to or connected with the func-
tions, powers, obligations and duties hereby transferred and assigned to
the commission on governmental ethics, and pending on the effective date
of this act may be conducted and completed by the commission on govern-
mental ethics in the same manner and under the same terms and conditions
and with the same effect as if conducted and completed by the former
commission on public integrity and the legislative ethics commission.
S 20. Terms occurring in laws, contracts and other documents. Whenever
the commission on public integrity or the legislative ethics commission
are referred to or designated in any law, contract or documents pertain-
ing to the functions, powers, obligations and duties hereby transferred
and assigned to the commission on governmental ethics, such reference or
designation shall be deemed to refer to the commission on governmental
ethics as created by this act.
S 21. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
S 22. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or against the
commission on public integrity or the legislative ethics commission
relating to the function, power or duty transferred to or devolved upon
the commission on governmental ethics shall be affected by this act, but
the same may be prosecuted or defended in the name of the commission on
governmental ethics and upon application to the court, the commission on
governmental ethics shall be substituted as a party.
S 23. Notwithstanding any contrary provision of the state finance law,
transfer of appropriations heretofore made to the commission on public
integrity and the legislative ethics commission, all appropriations or
reappropriations for the functions herein transferred heretofore made to
the commission on public integrity and the legislative ethics commission
segregated pursuant to law, to the extent of remaining unexpended or
unencumbered balances thereof, whether allocated or unallocated and
whether obligated or unobligated, are hereby transferred to the commis-
sion on governmental ethics to the extent necessary to carry out the
commission on governmental ethics' functions, powers and duties subject
to the approval of the director of the budget for the same purposes for
which originally appropriated or reappropriated and shall be payable on
vouchers certified or approved by the office of public integrity on
audit and warrant of the comptroller.
S. 5738 9
S 24. Each state agency with which any person who has business deal-
ings with the state conducts such business shall, provide appropriate
assistance in developing the database of state contractors and shall
take such steps as necessary to collect such information as required
pursuant to this law. Each state agency with which any person who has
business dealings with the state conducts such business shall, at the
commission's request, provide appropriate assistance to the commission
in publicizing this law and the rules of the commission in connection
with contributions of persons who have business dealings with the state.
S 25. The commission on governmental ethics shall submit a report to
the governor and the legislature on the status of the lobbyist and state
contractor database within 24 months of the effective date of this act.
Such report shall contain the status of both of the database components
and whether each such component has been certified, for those components
that have not been certified, if any, what the status is of the develop-
ment of such component of the database and the expected timeline for
such component's certification.
S 26. Separability clause. If any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
S 27. This act shall take effect January 1, 2010 provided, further:
a. the amendments to subdivision 3 of section 212 of the racing, pari-
mutuel wagering and breeding law made by section fourteen of this act
shall take effect on the same date and in the same manner as section 16
of chapter 18 of the laws of 2008 takes effect; and
b. the amendments to subdivision 3 of section 212 of the racing, pari-
mutuel wagering and breeding law made by section fourteen of this act
shall not affect the repeal of such subdivision and shall be deemed
repealed therewith.