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

                                  6159

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            September 8, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the legislative law and  the  public  officers  law,  in
  relation to state legislative ethics

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "ethics in state government now act".
  S  2.  Section  80 of the legislative law, as amended by chapter 14 of
the laws of 2007, is amended to read as follows:
  S 80. Legislative ethics commission;  functions,  powers  and  duties;
review  of  financial disclosure statements; advisory opinions; investi-
gation and enforcement.
  1. There is established a legislative ethics  commission  which  shall
consist  of nine members. Four members shall be [members of the legisla-
ture and shall be] appointed as follows: one by the temporary  president
of  the  senate, one by the speaker of the assembly, one by the minority
leader of the senate and one by the minority  leader  of  the  assembly.
[The  remaining  five]  SUCH FOUR members shall not be present or former
members of the legislature, candidates for member  of  the  legislature,
employees  of  the  legislature,  political party chairmen as defined in
paragraph (k) of subdivision one of section seventy-three of the  public
officers law, or lobbyists, as defined in section one-c of this chapter,
or  persons  who have been employees of the legislature, political party
chairmen as defined in paragraph  (k)  of  subdivision  one  of  section
seventy-three  of  the  public officers law, or lobbyists, as defined in
section one-c of this chapter in the previous five years[, and shall  be
appointed  as follows: one by the temporary president of the senate, one
by the speaker of the assembly,  one  by  the  minority  leader  of  the
senate, one by the minority leader of the assembly, and one]. THE LEGIS-
LATIVE  LEADERS  SHALL APPOINT INDIVIDUALS WHO ARE QUALIFIED TO SERVE ON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14700-01-9
              

S. 6159                             2

THE COMMISSION BY VIRTUE OF THEIR EDUCATION, TRAINING OR  EXPERIENCE  IN
ONE  OR MORE OF THE FOLLOWING DISCIPLINES: LEGISLATIVE, JUDICIAL, ADMIN-
ISTRATIVE OR PROFESSIONAL ETHICS; BUSINESS; LAW; AND/OR ACADEMICS.  FIVE
MEMBERS  OF  THE  COMMISSION  SHALL  BE APPOINTED AS FOLLOWS: ONE BY THE
GOVERNOR, ONE BY THE ATTORNEY GENERAL, ONE BY THE STATE COMPTROLLER, ONE
BY THE CHIEF JUDGE OF THE COURT OF APPEALS AND ONE BY  THE  CHAIRMAN  OF
THE  COMMISSION ON PUBLIC INTEGRITY. THE CHAIR OF THE LEGISLATIVE ETHICS
COMMISSION SHALL BE jointly DESIGNATED by the speaker  of  the  assembly
and [majority leader] THE TEMPORARY PRESIDENT of the senate FROM AMONGST
THE  FIVE  MEMBERS  APPOINTED  BY  THE GOVERNOR, ATTORNEY GENERAL, STATE
COMPTROLLER, CHIEF JUDGE OF THE COURT OF APPEALS  AND  CHAIRMAN  OF  THE
COMMISSION ON PUBLIC INTEGRITY. NO MORE THAN FIVE MEMBERS OF THE COMMIS-
SION  SHALL  BELONG  TO  THE  SAME POLITICAL PARTY. The commission shall
serve as described in this section and have and exercise the powers  and
duties  set  forth  in  this section only with respect to members of the
legislature, legislative employees as defined in  section  seventy-three
of the public officers law, candidates for member of the legislature and
individuals  who  have formerly held such positions or who have formerly
been such candidates.
  2. [Members of the legislature who serve on the commission shall  each
have a two year term concurrent with their legislative terms of office.]
The  members  of  the commission [who are not members of the legislature
and] who are first appointed, AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SECTION, by the  tempo-
rary  president  of the senate, speaker of the assembly, minority leader
of the senate, and minority leader of the assembly shall serve one, two,
three and four year terms, respectively.  THE MEMBERS OF THE  COMMISSION
WHO  ARE FIRST APPOINTED, AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SECTION, BY  THE  GOVERNOR,
ATTORNEY GENERAL, STATE COMPTROLLER, CHIEF JUDGE OF THE COURT OF APPEALS
AND THE CHAIRMAN OF THE COMMISSION ON PUBLIC INTEGRITY SHALL SERVE TERMS
OF  FOUR  YEARS.  The [member] CHAIR of the commission [first appointed]
DESIGNATED jointly by the TEMPORARY president of the senate and  speaker
of  the  assembly shall serve a four year term AS CHAIR.  Each member of
the commission [who is  not  a  member  of  the  legislature]  shall  be
appointed thereafter for a term of four years.
  3.  [The  temporary  president  of  the  senate and the speaker of the
assembly shall  each  designate  one  member  of  the  commission  as  a
co-chairperson  thereof.]  The commission shall meet at least bi-monthly
and at such additional times as may be called for by  the  [co-chairper-
sons jointly] CHAIR or any five members of the commission.
  4.  Any  vacancy  occurring  on  the commission shall be filled within
thirty days by the appointing authority.
  5. 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.
  6. The members of the commission shall be  reimbursed  for  reasonable
expenses incurred in the performance of their official duties.
  7. The commission shall:
  a.  Appoint an executive director who shall act in accordance with the
policies of the commission;
  b. Appoint such other staff as are necessary to assist it to carry out
its duties under this section;
  c. Adopt, amend, and rescind policies, rules and regulations  consist-
ent with this section to govern procedures of the commission which shall

S. 6159                             3

[not]  be  subject  to  the promulgation and hearing requirements of the
state administrative procedure act;
  d. Administer the provisions of this section;
  e.  Specify the procedures whereby a person who is required to file an
annual financial disclosure statement with the commission may request an
additional period of time within which to file such  statement,  due  to
justifiable  cause  or  undue  hardship; such rules or regulations shall
provide for a date beyond which in all cases  of  justifiable  cause  or
undue hardship no further extension of time will be granted;
  f. Promulgate guidelines to assist appointing authorities in determin-
ing  which  persons hold policy-making positions for purposes of section
seventy-three-a of the public officers law and may promulgate guidelines
to assist firms, associations and corporations  in  separating  affected
persons  from  net  revenues  for purposes of subdivision ten of section
seventy-three of the public officers law, and promulgate  guidelines  to
assist  any  firm,  association  or  corporation in which any present or
former statewide elected official, state officer or employee, member  of
the  legislature or legislative employee, or political party chairman is
a member, associate, retired  member,  of  counsel  or  shareholder,  in
complying  with  the  provisions  of subdivision ten of section seventy-
three of the public officers law with respect to the separation of  such
present or former statewide elected official, state officer or employee,
member  of  the  legislature or legislative employee, or political party
chairman from the net revenues of the firm, association or  corporation.
Such firm, association or corporation shall not be required to adopt the
procedures  contained  in  the  guidelines  to establish compliance with
subdivision ten of section seventy-three of the public officers law, but
if such firm, association or corporation does adopt such procedures,  it
shall be deemed to be in compliance with such subdivision ten;
  g.  Make  available forms for financial disclosure statements required
to be filed pursuant to subdivision six  of  section  seventy-three  and
section seventy-three-a of the public officers law;
  h.  Review  financial  disclosure  statements  in  accordance with the
provisions of this section, provided however, that  the  commission  may
delegate  all  or  part  of  the  review  function relating to financial
disclosure statements filed by MEMBERS OF THE LEGISLATURE  AND  legisla-
tive employees pursuant to sections seventy-three and seventy-three-a of
the public officers law to the executive director who shall be responsi-
ble  for completing staff review of such statements in a manner consist-
ent with the terms of the commission's delegation;
  i. [Permit any person required to file a financial  disclosure  state-
ment  to  request  the  commission  to delete from the copy thereof made
available for public inspection and copying one or more items of  infor-
mation,  which  may be deleted by the commission upon a finding that the
information which would otherwise be required to be disclosed will  have
no  material bearing on the discharge of the reporting person's official
duties;
  j. Permit any person required to file a financial disclosure statement
to request an exemption from any requirement to report one or more items
of information which pertain to such person's  spouse  or  unemancipated
children  which  item  or items may be exempted by the commission upon a
finding that the reporting individual's spouse, on his or her own behalf
or on behalf of an unemancipated child, objects to providing the  infor-
mation  necessary to make such disclosure and that the information which
would otherwise be required to be reported will have no material bearing
on the discharge of the reporting person's official duties;

S. 6159                             4

  k.] Advise and assist the legislature in establishing rules and  regu-
lations  relating  to  possible  conflicts between private interests and
official duties of present members of the  legislature  and  legislative
employees;
  [l.]  J. Receive and act PURSUANT TO ARTICLE THREE OF THE STATE ADMIN-
ISTRATIVE PROCEDURE ACT on complaints regarding persons subject  to  its
jurisdiction  alleging  a  possible  violation of section seventy-three,
seventy-three-a or seventy-four of the public officers law, and  conduct
such  investigations  and proceedings as are authorized and necessary to
carry out the provisions of this section. In connection with such inves-
tigations, 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;
  [m.]  K.  Accept  and  act  upon, as if it were a sworn complaint, any
referral from another state oversight body indicating that  a  violation
of  section seventy-three, SEVENTY-THREE-A or seventy-four of the public
officers law may have occurred involving persons subject to  the  juris-
diction of the commission;
  [n.]  L.  Upon  written  request from any person who is subject to the
jurisdiction of the commission and the requirements of  sections  seven-
ty-three,  seventy-three-a  and seventy-four of the public officers law,
render formal advisory opinions on the requirements of said  provisions.
A formal opinion rendered by the commission, until and unless amended or
revoked, shall be binding on the commission in any subsequent proceeding
concerning  the  person  who requested the opinion and who acted in good
faith, unless material facts were omitted or misstated by the person  in
the request for an opinion. Such opinion may also be relied upon by such
person,  and may be introduced and shall be a defense in any criminal or
civil action;
  [o.] M. Issue and publish generic advisory opinions covering questions
frequently posed to the commission, or questions common to  a  class  or
defined  category  of  persons, or that will tend to prevent undue repe-
tition of requests or undue complication,  and  which  are  intended  to
provide  general  guidance  and  information  to  persons subject to the
commission's jurisdiction;
  [p.] N. Develop educational materials  and  training  with  regard  to
legislative  ethics  for  members  of  the  legislature  and legislative
employees; and
  [q.] O. Prepare an annual  report  to  the  governor  and  legislature
summarizing  the  activities  of the commission during the previous year
and recommending any changes  in  the  laws  governing  the  conduct  of
persons  subject  to  the  jurisdiction of the commission, or the rules,
regulations and procedures  governing  the  commission's  conduct.  Such
report shall include: (i) a listing by assigned number of each complaint
and  referral  received  which  alleged  a possible violation within its
jurisdiction, including the current status of each complaint,  and  (ii)
where a matter has been resolved, the date and nature of the disposition
and  any  sanction imposed[, subject to the confidentiality requirements
of this section]. Such annual report shall not contain  any  information
for  which  disclosure is not permitted pursuant to subdivision fourteen
of this section.
  8. The commission, or the executive director and staff of the  commis-
sion  if  responsibility  regarding such financial disclosure statements
filed by MEMBERS OF THE LEGISLATURE AND legislative employees  has  been
delegated,  shall inspect all financial disclosure statements filed with
the commission to ascertain whether any person subject to the  reporting

S. 6159                             5

requirements  of  subdivision  six  of  section seventy-three or section
seventy-three-a of the public officers law has failed  to  file  such  a
statement,  has  filed  a  deficient  statement or has filed a statement
which  reveals  a  possible violation of section seventy-three, seventy-
three-a or seventy-four of the public officers  law.    THE  COMMISSION,
EXECUTIVE  DIRECTOR  OR STAFF OF THE COMMISSION MAY REEXAMINE ANY PREVI-
OUSLY SUBMITTED FINANCIAL DISCLOSURE STATEMENT THAT HAS BEEN FILED WITH-
IN THE PAST FIVE YEARS IF NEW INFORMATION HAS COME TO THE  ATTENTION  OF
THE  COMMISSION  WHICH MAY REVEAL A POSSIBLE VIOLATION OF SECTION SEVEN-
TY-THREE, SEVENTY-THREE-A OR SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  9. If a person required to file a financial disclosure statement  with
the  commission  has  failed to file a financial disclosure statement or
has filed a deficient statement, the commission shall notify the report-
ing person in writing, state the failure to file or detail the deficien-
cy, provide the person with a fifteen day period to cure the deficiency,
and advise the person of the penalties for failure to  comply  with  the
reporting requirements. Such notice shall be confidential. If the person
fails  to  make  such  filing or fails to cure the deficiency within the
specified time period, the commission shall send a notice of  delinquen-
cy:  (a)  to  the reporting person; (b) in the case of a senator, to the
temporary president of the senate, and if a member of assembly,  to  the
speaker  of the assembly; and (c) in the case of a legislative employee,
to the appointing authority for such person and to the temporary  presi-
dent  of  the senate and/or the speaker of the assembly, as the case may
be, who has jurisdiction over such appointing authority.  Such notice of
delinquency may be sent  at  any  time  during  the  reporting  person's
service  as a member of the legislature or legislative employee or while
a candidate for member of the legislature,  or  within  one  year  after
separation  from such service or the termination of such candidacy.  The
jurisdiction of the commission,  when  acting  pursuant  to  subdivision
eleven  of  this  section  with  respect  to financial disclosure, shall
continue notwithstanding that the reporting person separates from  state
service  or  terminates  his  or  her candidacy, provided the commission
notifies such person of the alleged failure to file or deficient  filing
pursuant to this subdivision.
  10.  a.  If  a  reporting person has filed a statement which reveals a
possible violation of section seventy-three, seventy-three-a  or  seven-
ty-four  of the public officers law, or the commission receives a refer-
ral from another state oversight body, OR  THE  COMMISSION  RECEIVES  OR
DISCOVERS  NEW  INFORMATION THAT REVEALS A POSSIBLE VIOLATION OF SECTION
SEVENTY-THREE, SEVENTY-THREE-A OR SEVENTY-FOUR OF  THE  PUBLIC  OFFICERS
LAW,  or  the  commission  receives  a  sworn  complaint alleging such a
violation by a reporting person or a legislative employee subject to the
provisions of such laws, or if the  commission  determines  on  its  own
initiative  to investigate a possible violation by a reporting person or
a legislative employee subject to  the  provisions  of  such  laws,  the
commission  shall  notify  the reporting person in writing, describe the
possible or alleged violation thereof 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 thereafter makes a determination
that further inquiry is justified, it shall give the reporting person an
opportunity to be heard. THE COMMISSION SHALL REVIEW AND MAKE AN  AFFIR-
MATIVE  DETERMINATION  ON  SUCH POSSIBLE VIOLATION WITHIN THIRTY DAYS OF
SUCH REPORTING INDIVIDUAL'S WRITTEN RESPONSE. THE COMMISSION MAY  EXTEND
SUCH  THIRTY  DAY PERIOD OF TIME ONCE FOR AN ADDITIONAL THIRTY DAYS. The

S. 6159                             6

commission shall also inform  the  reporting  individual  of  its  rules
regarding  the  conduct  of adjudicatory 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 the reporting person and the complainant,
if any. All of the foregoing proceedings shall be confidential.
  b. If the commission determines that  there  is  reasonable  cause  to
believe  that  a  violation  has  occurred, OR THAT A REQUIRED FINANCIAL
DISCLOSURE STATEMENT HAS NOT BEEN FILED ON  A  TIMELY  BASIS  AFTER  ALL
EXTENSIONS  TO  FILE  HAVE  BEEN  EXHAUSTED,  it  shall send a notice of
reasonable cause: (i) to the reporting person; (ii) to  the  complainant
if  any;  (iii)  in the case of a senator, to the temporary president of
the senate, and if a member of the  assembly,  to  the  speaker  of  the
assembly;  and  (iv)  in  the  case  of  a  legislative employee, to the
appointing authority for such person and to the temporary  president  of
the  senate  and/or the speaker of the assembly, as the case may be, who
has jurisdiction over such appointing authority.
  c. The jurisdiction of the commission when  acting  pursuant  to  this
section  shall continue notwithstanding that a member of the legislature
or a legislative employee separates from state service, or  a  candidate
for  member  of  the legislature ceases to be a candidate, provided that
the commission notifies such individual of the alleged violation of  law
pursuant  to paragraph a of this subdivision within one year from his or
her separation from state service or  the  termination  of  his  or  her
candidacy. Nothing in this section shall serve to limit the jurisdiction
of  the commission in enforcement of subdivision eight of section seven-
ty-three of the public officers law.
  11. An individual subject to the jurisdiction of  the  commission  who
knowingly  and intentionally violates the provisions of subdivisions two
through five, seven, eight,  twelve,  fourteen  or  fifteen  of  section
seventy-three  of  the public officers law or a reporting individual who
knowingly and wilfully fails to file an annual  statement  of  financial
disclosure  or who knowingly and wilfully with intent to deceive makes a
false statement or gives information which such individual knows  to  be
false  on  such  statement  of  financial  disclosure  filed pursuant to
section seventy-three-a of the public officers law shall be subject to a
civil penalty in an amount not to exceed forty thousand dollars and  the
value  of any gift, compensation or benefit received as a result of such
violation. Any such individual who knowingly and intentionally  violates
the  provisions  of paragraph A, b, c, d, E, G or i of subdivision three
of section seventy-four of the public officers law shall be subject to a
civil penalty in an amount not to exceed ten thousand  dollars  and  the
value  of any gift, compensation or benefit received as a result of such
violation. [Any such individual who knowingly and intentionally violates
the provisions of paragraph a, e or g of subdivision  three  of  section
seventy-four  of  the  public  officers  law shall be subject to a civil
penalty in an amount equal to the value of  any  gift,  compensation  or
benefit  received  as a result of such violation.] Assessment of a civil
penalty hereunder shall be  made  by  the  commission  with  respect  to
persons  subject  to  its  jurisdiction.  In assessing the amount of the
civil penalties to be imposed, the commission shall consider  the  seri-
ousness  of  the  violation,  the  amount  of gain to the individual and
whether the individual previously had any civil  or  criminal  penalties
imposed  pursuant  to this section, and any other factors the commission
deems appropriate. For a violation  of  this  section,  other  than  for

S. 6159                             7

conduct which constitutes a violation of subdivision twelve, fourteen or
fifteen  of  section seventy-three or section seventy-four of the public
officers law, the legislative ethics commission may, in lieu of a  civil
penalty,  refer  a violation to the appropriate prosecutor and upon such
conviction, but only  after  such  referral,  such  violation  shall  be
punishable  as  a  class A misdemeanor. A civil penalty for false filing
may not be imposed hereunder in the  event  a  category  of  "value"  or
"amount"  reported  hereunder is incorrect unless such reported informa-
tion is falsely understated. [Notwithstanding any other provision of law
to the contrary, no other penalty, civil or criminal may be imposed  for
a  failure  to  file,  or  for  a  false filing, of such statement, or a
violation of section seventy-three of the public  officers  law,  except
that  the  appointing authority may impose disciplinary action as other-
wise provided by law.] The legislative ethics commission shall be deemed
to be an agency within the meaning of article three of the state  admin-
istrative  procedure  act and shall adopt rules governing the conduct of
adjudicatory proceedings and appeals  taken  pursuant  to  a  proceeding
commenced  under  article  seventy-eight  of  the civil practice law and
rules relating to the assessment of the civil penalties  herein  author-
ized  [and  commission  denials  of  requests  for  certain deletions or
exemptions to be made from a financial disclosure statement  as  author-
ized  in  paragraph  i  or  paragraph  j  of  subdivision  seven of this
section]. Such rules[, which shall not be subject  to  the  promulgation
and  hearing  requirements  of  the state administrative procedure act,]
shall provide for due process procedural mechanisms substantially  simi-
lar  to  those  set forth in such article three but such mechanisms need
not be identical in terms or scope. Assessment of  a  civil  penalty  or
commission  denial  of  such  a deletion [or exemption request] shall be
final unless modified, suspended or vacated within thirty days of  impo-
sition,  with  respect to the assessment of such penalty, or unless such
denial of request is reversed within such time period, and upon becoming
final shall be subject to review at the instance of the affected report-
ing individuals in a proceeding commenced against the legislative ethics
commission, pursuant to article seventy-eight of the civil practice  law
and rules.
  12.  If  the  commission  has  a  reasonable basis to believe that any
person subject to the jurisdiction of another state oversight  body  may
have  violated section seventy-three or seventy-four of the public offi-
cers law, section one hundred seven of the civil service law, or article
one-A of this chapter, it shall refer such violation to  such  oversight
body unless the commission determines that such a referral would compro-
mise  the  prosecution  or confidentiality of its investigations and, if
so, shall make such a referral as soon as practicable. The  referral  by
the  commission  shall  include  any information relating thereto coming
into the custody or under the control of  the  commission  at  any  time
prior or subsequent to the time of the referral.
  13.  A copy of any notice of delinquency or notice of reasonable cause
sent pursuant to subdivisions nine and ten  of  this  section  shall  be
included  in  the  reporting  person's  file and be available for public
inspection and copying.
  14. 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 be confi-

S. 6159                             8

dential, and any other item of information deleted pursuant to paragraph
i of subdivision seven of this section];
  (2)  financial disclosure statements filed pursuant to subdivision six
of section seventy-three of the public officers law;
  (3) notices  of  delinquency  sent  under  subdivision  nine  of  this
section;
  (4)  notices of reasonable cause sent under paragraph b of subdivision
ten of this section;
  (5) notices of civil assessment 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;
  (6) the terms of any settlement or compromise of a complaint or refer-
ral which includes a fine, penalty or other remedy;
  (7) generic advisory opinions; and
  (8) all reports required by this section.
  b. Notwithstanding the provisions of article seven of the public offi-
cers law, no meeting or proceeding of the commission shall  be  open  to
the  public,  except  if expressly provided otherwise by this section or
the commission.
  15. 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 fourteen of this section, other than
financial disclosure statements, and any other  records  or  information
which the commission determines to be appropriate.
  16.  This  section  shall  not  revoke or rescind any policies, rules,
regulations or  advisory  opinions  issued  by  the  legislative  ethics
committee  in effect upon the effective date of this subdivision, to the
extent that such regulations or opinions are not inconsistent  with  any
laws  of  the state of New York. The legislative ethics commission shall
undertake a comprehensive review of  all  such  policies,  rules,  regu-
lations  or advisory opinions which will address the consistency of such
policies, rules, regulations or advisory opinions with the laws  of  the
state of New York. The legislative ethics 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.
  17. Separability clause. If any part or provision of this  section  or
the  application  thereof to any person is adjudged by a court of compe-
tent jurisdiction to be  unconstitutional  or  otherwise  invalid,  such
judgment  shall  not affect or impair any other part or provision or the
application thereof to any other person, but shall be confined  to  such
part or provision.
  S  3.  Section  73 of the public officers law is amended by adding two
new subdivisions 14-a and 14-b to read as follows:
  14-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN  OF  THIS
SECTION,  NO  MEMBER  OF  THE  LEGISLATURE  OR  LEGISLATIVE EMPLOYEE, AS
DEFINED BY PARAGRAPH (D) OF SUBDIVISION ONE OF  SECTION  SEVENTY-THREE-A
OF  THIS  ARTICLE,  SHALL  PARTICIPATE IN ANY DECISION TO HIRE, PROMOTE,
PROCESS EMPLOYMENT PAPERWORK FOR OR HAVE KNOWLEDGE  OF  THE  PROSPECTIVE
EMPLOYMENT  OR  CHANGE  OF  EMPLOYMENT  STATUS  OF  ANY RELATIVE FOR ANY
COMPENSATED POSITION AT, FOR OR  WITHIN  THE  SAME  LEGISLATIVE  CHAMBER
WHICH  EMPLOYS  SUCH  MEMBER  OR LEGISLATIVE EMPLOYEE. THE PROVISIONS OF

S. 6159                             9

THIS SUBDIVISION SHALL NOT APPLY TO PERSONS TO WHICH  PARAGRAPH  (B)  OF
SUBDIVISION FOURTEEN OF THIS SECTION APPLIES.
  14-B.  IN ADDITION TO THE INFORMATION INCLUDED IN THE ANNUAL FINANCIAL
STATEMENT   OF   FINANCIAL   DISCLOSURE   PROVIDED   FOR   IN    SECTION
SEVENTY-THREE-A  OF  THIS  ARTICLE,  EVERY MEMBER OF THE LEGISLATURE AND
LEGISLATIVE EMPLOYEE SHALL DISCLOSE THE NAMES OF ALL RELATIVES  WHO  ARE
EMPLOYED BY THE LEGISLATURE AND THE DEGREE OF THEIR RELATIONSHIP.
  S  4.  Paragraphs  a, b, d and g of subdivision 3 of section 74 of the
public officers law, as amended by chapter 1012 of the laws of 1965, are
amended to read as follows:
  a. No officer or employee of a state agency, member of the legislature
or legislative employee should accept, NOR  RETAIN  UPON  ACCEPTANCE  OF
EMPLOYMENT BY THE LEGISLATURE, other employment which [will] MAY REASON-
ABLY  impair  his OR HER independence of judgment in the exercise of his
OR HER official duties.
  b. No officer or employee of a state agency, member of the legislature
or legislative employee should accept employment or engage in any  busi-
ness or professional activity which [will] MAY REASONABLY require him OR
HER  to  disclose confidential information which he OR SHE has gained by
reason of his OR HER official position or authority.
  d. No officer or employee of a state agency, member of the legislature
or legislative employee should use or attempt to use his OR HER official
position to secure unwarranted privileges  or  exemptions  for  himself,
HERSELF, HIS OR HER RELATIVE, AS DEFINED IN PARAGRAPH (M) OF SUBDIVISION
ONE OF SECTION SEVENTY-THREE OF THIS ARTICLE, or others.
  g. An officer or employee of a state agency, MEMBER OF THE LEGISLATURE
OR  LEGISLATIVE EMPLOYEE should abstain from making personal investments
in enterprises which he OR SHE has reason to  believe  may  be  directly
involved  in  decisions to be made by him OR HER or which will otherwise
create substantial conflict between his OR HER duty in the public inter-
est and his OR HER private interest.
  S 5. The nine members of the  legislative  ethics  commission  holding
office  immediately  prior  to the effective date of this act are hereby
removed from their positions as such members, and nine new members shall
be appointed in accordance with section 80 of the  legislative  law,  as
amended by section two of this act.
  S 6. This act shall take effect January 1, 2010.